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COBBETT'S
COMPLETE COLLECTION
1
OF
State Trials
▲ KO
PROCEEDINGS FOR HIGH TREASON AND OTHER
CRIMES AND MISDEMEANORS
FROM THB
EARLIEST PERIOD TO THE PRESENT TIME.
VOL. IXt
COMPRISING THE PEEIOD
FROM THE THIRTY-FOURTH YEAR OF THE REIGN OF
KING CHARLES THE SECOND, A. D. l682, TO THE
THIRTY-SIXTH YiSAR OF THE SAID REIGN,
A. D. l684.
LONDON:
FftlNTtD BY T. C. HANSARD^ PETERBOROUGH-COUItTy FLEET-STREET.
1*UBLISHBI> BT B. BAOSHAW, BRYDGES*8TBBET» COVENT-OARDEK *, AND SOLD
BT J. BUDD, pall-mall; J. FAULDEB, NEW-BOND-STRBET ; SHEBWOOD.
« MBBLT AND JONES, PATEH-NOSTEH-BOW S BLACK, PABBT AND KINOSBUBY,
'LBADBNHALL-STfiEBT ; BELL AND BBADFUTB» EDINBURGH ; AND J. ABCHEB,
DUBLlW*
1811.
LI BRA ffY OF THE
LELAND STANFORD JR UNIVERSE.
^U6 21 ^900
* "
TABLE OF CONTENTS
TO
VOLUME IX.
STATE TRIALS IN THE REIGN OF
KING CHARLES THE SECOND.
^ ' %* 7%# new Jriieles fare marked [N.]
S9. The Trial of Georgb BoRopKY alias Boratzi, Christopher
Vratz, Johk Stern, and Charles John Count Coninos-
MARK, at the Old Bailey, for the Murder of Thomas Thynn,
esq. A.D. 1682 - - - - - ^ - - . - 1
The Last Confession, Prayers, and Meditations of Lieute-
nant John Ster^, delivered by him on the C»rt imme-
diately before his Execution, to Dr. Burnet. Tc^ether
with the Last Confession of George Borosky, [N.] 83
Remarks oh the Trial of Count Coninosmark. By Sir
John Hawles, 3olicitor-General in the Reign of King
William the Third - - - . • ^ . -136
ft
190. The Trial of Ford Lord Grey of Werk, Robert Charnock,
Anne Charnock, David Jones,* Frances Jones, and Re-
BECCA Jones, at the KingVBench, for a Misdemeanor, in
debauchiiig the Lady Henrietta Berkeley, DaMghter of ihe
Earl of Berkeley, A. D. 1682 - - * - >- - 127
91. The Trial of Thomas Pilkinoton, esq. Samuel ^hute, Mf{.
Sherifby Henry Cornish, Alderman, Forp Lpv^ Gbb¥ of
«
/
TABLE OF CONTENTS.
Werk, Sir Thomas Player, knt. Chamberlain of London,
Slinqspy Bethel, esq. Francis Jenks; John Deagl^,
RlCHARp FRKEMAFy RlGH4UD GQQPENOUaQ, ROBERT KeY,
John Wickham, Samuel Swinock, John Jekyll, Senior,
at Nisi Prius at the Guildhall of London, for a Riot, and an
Assault and Battery on Sir John Moore, then Lord Mayor,
A.D. 1683 18'
* w
axi2. The Trial of Sir Patience Ward, knt. at the King's-beuch,
for Perjury at the Trial between the JDuke of York, Plaintiff,
and Thomas Pilkington, esq Defendant, on an Action upon
the StsfeutQ De Scandalis Magnetum^ a. D^ 1^83 - ^ - 29!
V
293. Proceedings against Mr. Benjamin Leech, Bricklayer, at the
Old Bailey, for a Contempt, m offering a frivolous Plea to
the Court, A.D. IGdZ « ^ ^ . . - . 35!
\
«
294. ^ Introduction to the Trials tor the Rye-House Plot :
containing the Original Informations respecting that Con-
spiracy, as they were published by Jame3 the Second, a.d.
1683 [N.] - - - - 35J
295. The Trial of Captain Thomas Walcot, at the Old Bailey, for
High Treason, A, D. 1683 - - - - > - - - 51J
• «
296. The Trial of Willum Hone, at the Old Bailey, for High
Treason, A.D. 1683 - - - -- - - -57
297. The Trial of Willllm Lord Russell, ai the Oki Bail«y» for
High Treason, a. D« 1683 * - - « ** «* - 51
• ' . ...
299- 7he Trial of John Rokm; «l.tb« Old Beiley, for High IVea-
son, A.D. 16;(3 - - ' - - ' . ^'. ' . - 63
299. TTke Trial pi Wiluaii Blaque, al tfie Old Bailey, for High
\TiMBOPk A. Bi. 1<8» .. - .^ 65
TA1IL£ OP CONTEMT&
TIm Cass oXyruMlM Lwd RumuL) 4ih'M farHigii Trea.
BdB^Jtily 13>A.xi.d668 ^ .-«... 695
An Aktibote against Poison : Composed of fiome Re-
flBCifcs 'U|>oB the PaMR pmtsd 4ry the Cveetren of the
tmAy RHfiseU) uA mentioDed to Ikhw beeu delivered by
;tbe Lord Russell to ihe Sberiffii at the IHace 4d his Exe.
cutim. . By Sir BARTH0L6AIEW Showee - - - 710
A IteFlsNCE of the lat^ Lo»d JituflteLL?s broocency. To
ivhich are pvefiked two Letlen upon the Subject of his
Lordship's Trial. By Sir Robjhit Atkyns, K, B. - 719
ThB MAGiOTHACY iiMt> OOVKIIKMENT 'Of EllOLANl^ VfNlM.
CATBD : Id Three Parts. Coivtaitiitig, L A JiMtification
of the English Method of Pnooeednigs against Criminals,
&c. IL An Answer to several Replies, &c. III. Seve-
ral Reasons for a general Act of iBdefloaity* By 0ir •.
Bartholomew Shower ^ - - - «. . 742
A Second Vindication of the Magistracy and Go-
TBimiEHT ^ Emglamd, by way of Answer to the sere-
T«l RepUefit) tic - - - - « . * - 755
TfljE Tumid and Last Part op the Magistracy awd Go-
VERN^ENT OF ENGLAND VINDICATED, with ReaflOnS for
a general Act of Indemiuty, &c. * - - i- - 771
«
The Lord Rusbbll^ biNOCiLircY farther defended ; in
aaswer to Tb^ Magistracy ahd Government of England
vindicated -----*.•--» 783
■
Remarks on the Lord Russell's Trial. By Sir John
Ba<WL8s, lMicit<» General in the Reigu of WHliam Itl. 794
300. The Trial of Cokiiiel ALGEauKHi Sidney, at the KiogVBencb,
fer High Treason, A. D.ieSi * • ^ « . . 818
Report made to the House of Lords, on the 20th of
December 1689, from the Committee for Inspec
tioN of Ex^iMlNATiONS, cooceming the Murders of
Lord Russell, Colonel Sydney, iSir T. Armstrong, and
Mr. Cornish: the Advisers of Qno Warranto, and the
Advisers of the Dispensing Power^ [[N.] - * ' - 952
^ /
TABLE OF CONTENTS.
Pag
Remarks oi> Colonel AtoERNOM Sidney's Trial. By
John Hawles, Solicitor General in the Reigu of
liam the Third .' - • 991
Historical Paeti(;ulars, relative to the Proceeding;*
against Persons accused of Participation in the Rye«
House Conspiracy, and other treasonable Designs about
this Period. [Now first printed froM the MS. ^^ Brief
Historical Relation/* £Cc. of Narcissus Luttrell^ in the
Library of All Souls' College, Oxford] - [N.] . - iOOJ
301* Trial of LowRiE or Weir» of Blacrwood, for Treason, .
A.D. >683. [Now first printed from the MS. Records
of the Court of Justiciary of Scotland] - [N«] - - 1022
302. "fhe Trial of John Hampden, esq. at the King's-Bench, for a
High Misdemeanor, a. d. 1684 . ' * ' . . . . I054
303. The Trial of Laurence Braddon and Hugh Speke, at the
King's-Bench, for'a Misdemeanor, in suborning Witnesses ,
to prove the Earl of Essex was murdered by his Keepers,
A.D, 1684- -. 1127
Bishop Burnet's late History charged with great Partiality
and Misrepresentations, to make the present and future
Ages beUeve, that Arthur Earl of Essex, in 1683, mur-
dered himself, {^N.] - - - - - . - 1230
\
304. The Trial of Sir Samuei^ Barnarbiston, bart. at Nisi Prius at
the Guildhall of London, for a High Misdemeanor, A. D. 1684 1334
Proceedings upon a Motion in arrest of Judgment in the
Case of the King against Sir Samuel Barnardutton,
bart. [Now first printefd from the MS. of Sir William
Williams, communicated^ for this Work, A.D* 1811,
by his descendant Mr. Charles Watkin WiBiams
Wynn) . [N.]
COBBETTS
COBBETT'S
COMPLETE COLLECTION
OF
State Trials.
X UEIRE having' been an Indictment fonnd
at Hicks's hall by the grand-jury for the coun-
ty of Middlesex against Charles- Creorge Bo-
roaky, Christopher Vratz, and John ^em, for
murdering* Thomas Thynn, esq. $ and against
* The Issacbar of ** Absalom and Achito-
phel," in which poem, Dryden, describing the
lespect and favour with which Monmouth was
received upon his progress in the year 1681,
says,
*< hospitable treats did most commend
** Wise Issachar, his wealthy Western friend."
Sir John Reresby, in his Memoirs, p. 135,
relates the following particulars of this busi-
289. The Trial of George Bobosky alias Boratzi, Christopher
Vratz, John Stern, and Charles John Count Conings-
MARK, at the Old-Bailey, for the Murder of Thomas Thynn,*
esq. 34 Charles II. a. d. 1682.
Charies John Count Couingsroark, as acces-
saiT before the ftu;t, the said [lersons being
in Newgate, were brought to the bar to be ar-
raigned and tried : And they being foreigners,
an interpreter was sworn to acquaint them, in a
come to him at Mr. Thynn's lodging, sending
his coach for me, which 1 made use of accord^
ingly. I there ibund his grace surrounded
with several lords and gentlemen, Blr. Thynn *s
friends, and Mr. Thynn himself mortally
wounded with five shot from a blunderbuss.
I on the spot granted several warrants against
persons susp^ted to have had a hand therein,
and that night gfot some intelligence concern-
ing the actors themselves. At length, by the
inrormation of a chairman, who nad carried
one of the niiiians from his lodging at West-
minster to the Black Boll, there to take horse,
and bv means of a loose woman, who used t»
visit tbe same person, the constables found out
the place of his abode, and there took his man,
by nation a Swede, who being brought befbra
me, confessed hiinfidf a servant to a Gennaii
captain, who had told him he hadaouarrel .
with Mr. Thynn, and had often ordered him to
watch bis ooaeh; and that particulariy that-
day tlie captain no sooner understood .the coach
to be gone by, than he booted himse)f, and
with two others, a Swedish lieutenant and a
Pole, went on horsetiack, as he supposed ia
quest of Mr. Thynn. By the same servant I
abo understood where possibly the captain ancl
bis two companions were to be found; and
having with the duke of Monmouth, lord Mor-
daiint and others, searched several houses^ aa
he directed us, till six in the roaming, and
having been in close pursuit all night, I per-
sonally took the captain in the house of a
Swedish doctor in Leicester-fields. I w«Qt
first ipto his room, followed by lord Mord*iuit>
^* At this time was perpetrated the most bar-
barofus and aodacious murder that had almost
ever been heaid-of in Engluid. Mr. Thynn,
a gCTtleoSan of 9,000/. per ann. and lately
married to lady Ogle, (who, repenting herself
of the match, fled firom him into HoUaiid be-
fore ihey were bedded), was set upon by three
ruffians, who shot him as he was going along
, the stTpet hi hia eoach. Thb imhappy gende-
man being much engaged in the duke of Mon-
mooth's cause, it was feared that party might
pot some violent construction on this accident,
the actors therein making their escape just for
the time, and being unknowq. I happened to
be at court that evemng, when tlie king, hear-
ing the ne\TS, seemec^ greatly concerned at it,
not only for the horror ot the action itself,
(which waft shoddng to his natural dispositioD)
but also for fisar the turn the anti-court party
might give thereto. I left the court, and was
just string into bed, when Mr. Thynn's gen-
tleman came to me to grant him an Hue and
% and immediately at his heels comes the
te of MowMmth's page, to d«ar» ma to
TOL. IX.
B
3] STATE TRULS, 34 Chakles n. l6S2.—TVwl of CmU Cotnngmark t*
laiigua|;e they underatood, what they were
accused of.
Clerk of the Crown, Charles Boroaky, hold
up tliy haiid. (Which he did.) Christopher
Vratz, hold up thy hand. . (Which he did.)
John Stem, hold up thy hand. (Which he
did.^ Charles John ConingBniark, hold up
thy liand. (Which he did.)
You stand indicted in the county of Mid<
dlrsez hy iho names of Charles George Bo-
"ivhere I found him in hed, with his sword aft
some distance from him on the tahle; his
weapon I in the fyst place secared, and then
hU person, committing him to two constables.
I wondered he should make so tame a sub-
mission ; for he was certainly a man of great
courage, and appeared quite unconcerned from
the very begiunmg^, though he was yer]^ cer-
tain he should be found Die chief actor in the
tragedy. This gentleman had, not long be-
fore, commanded the forlorn hope, at the siege
at Mens, whoi but two, besides himsdf, of
50 under his oonunand^ esca]^ with Ufe ; and,
in consideration of this service, the prince of
Orange made him a lieutenant of his Guards,
and, in reward for the same, the king of
Sweden gave him a troop of horse : but, to in-
sist no farther on this, his two accomplices al^
were taken, and brought to my house ; where, I
before I could finish the several examinations I
had to go through, the king sent for me to at-
tend him in council, for that purpose, with the
prisoners and papers. His majesty ordered
me to give him an account of tlie proceedings
hitherto, as well with regard to the ap^nrehend-
tng of the prisoners, as tneir examination, and
then examined them himself $ and when the
council rosoy ordered me to put every thing
hito writing, and in form, against the trUl ;
which took me up a great part of the day,
though I had got one of Uie clerks of the
council, and another justice of the peace to
assist me, both for the aakettf dinpatch and my
own security, the nicety of the amdr requiring
it, as will, in the sequel; appear.
** The council met again, among other
things, to examine the governor of young
count Coningsmark, a vonng gentleman then
in Mr. Foiibert*s acaUemv in London, and
supposed to be privy to tne murder. Upon
this occasion, the king sent for me, to attend
. in counqi], where the said governor confessing.
That the eldest count Coningsmark, (who had
been in England some months before, and
made his addresses to the lady who so unfor-
tunately married Mr. TUynn) arrived incognito
ten davs before the said murder, and lay dis-
^isedtiO it was committed, gave great cause
to sumct that the count was at the bottom of
tills bloody affair ; and his majesty ordered me
thereupon to go and search his loclgingB, which
i did with two constables, but the bird was
flown ; he went away betimes in the morning
of the day after ^e deed waa perpetrated;
ot which I inunediately gare tka king an ac-
rodcy, late of the parish of St Martm's in
Fields, ifli the county of Middlesex, labourer $
ocbcnvise called George Boratzi, of the nmintm
parish and county, labourer; Chriatopher
Vratz of the same parish and county, gentle—
man ; John Stem of the same pariai and
county, gentleman; and Charles John Co—
ningsiiian:, of the same pariah and county,
esq. ; otherwise called John Coningsmark, uT
the same parish- and county, esq. : For ihmM
" I severs) times afierwaids intended on' th«
king, both in private and io council, from timm ,
to tune to give him information, as fresh matter
occurred, or appeared ; and upon the whole it
was discovered, )>artly by the confession o^
the parties concerned, and partly by the infor-
mation of others, that the German captain had
been for eight years an intimate with count
Coningsmark, one of the greatest men in th«
kingdom of Sweden, his uncle being at thai
time ^vemor of Pomerania, and near upon
marryun^ the king's aunt ; and tkioreover that
during the time 'he was in England before, hm
had made his addresses to lady Ogle, the only
daughter and heiress of the earl of Northum-
berland, who had been married to the deceased
Mr. Thynn, and that the said count had resent-,
ed something as an afiront from Mr. Thynn z
That the captain, moved thereto out of puro^
friendship to the count, (though not at all with
his privity, as pretended,) had determined
withm himself to revenge his cause, and that
in consequence of such his resolution the
murder luppened : It appeared also that such
his cruel design was furtnered by the assist*^
ance of the Swedish lieutenant, and the Pole,
who had been by him obliged to discharge th»
blunderbuss into the coach. I was extremely^
glad that in this whole business there was no
English person directly or inducctly ooBcem*
ed ; for the fanatics had buazed it about tbae
the design was chiefly against the duke oC
Momnoudi ; so that 1 had the king's thanks
more than once, the thanks of my lord Halli*
fax and several others, for my diligence in
tracing-out the true springs and motives of
this horrid action, as wdl as the actors them*
selves. The duke of Monmouth had been o\A
of the coach above an hour ; and, by the con-
fession of the criminals, 1 found Uiey were not
to have made the attempt if his grace had bee%
with Mr. Thynn.
*' Mean while it was suspected that count Co*
ningsmark was still in the kingdom; and
sean:h being made after him, he was met with
alone in die^uise at Gravesend, bv a servant of
the duke of Monmouth's just as he was step*
ping out of a sculler, intending the very next
d9y to embark on board of a Swedish ship.
Being brought up to town, the king imme-
diatelVcaU«l an extraordinary councu toexa-
nnnehim. I was present upon this oecas^,
and observed that he appeareu before the kmg
with all the assurance imi^nable. He was'
a fine person of a man, imd I t^ink his hvr
wta thftJwjgnrt I trrer saw. Ha was to^
^ STATE TEIALS, 34 Charles IL IffSf ••^Hmrf oihtnjw Mvrier.
vm tlie md Cbuies George Boi-oeky alias
Mrata, Ckristophcr Vratz, and John 8tern,
Ml httfiB^ €M before roar ejres, but be-
■g motel aad aeduoed by the inatigatioa of
Ik dev3, upon the IStii day of Febniary, in
the 34lfa year of the reign of oar aoTereign
hfd king Chajdea the second, with foree and
mam in the pariah of 8t Martin's in the Fields
of paits ; hot his examinarion iras Tery
i, 'for whieh reason he was by the
ting and oDODcil ordoied to be, the same day,
fiaminfd by the kml chief justiee, the at-
lOfBey general, and myself; bat he confessed
Bodiiag of the maimer, preteodios the reason
vfay he fay at this time concealed, to be that
be wnB then under core for a small venereal dis-
nier, and did not care to i4)pear in public, till
die eoarae of his prescription was over ; and
dMt his going away in disguise after the fact
vaa committed, was by the adrice of friends,
tIio told him it would re6ect on him should it'
be known be was in Engbmd, when an intimate
«f bis laboured under ao riolent a suspicion of
hmne commitled so black a deed ; and that
be enaeaToured to naake his escape, not know-
ing bow far the laws of this land mijzfat, for
that very reason, inrolre him in the gntlt. But,
being at the king's couchee the night afler, 1
peroeivedby his majesty's discourse that he
vaa willii^ the count should get oflT.
**" A fem dm afteiwards, Blons. Foubert who
kept the tiaJusmj in London, came and desired
lie to pot him m a way how to save count
Coningamark'slife, insinuating tome, that, as
be was a man of vast fortune, he could not
wake a better use of it than to support his own
iaaooeBoe, and riueld himsdf from the edge of
the bw, in a strange country. I told him, that
if theeoont was really innocent, the law would
nataially acquit him, as much, though a fb-
nigMr, as if. he was a native; but that he
ooght to be canlioas how he made any oflSers to
pervert instiee; far that it were to make ail
menaf VoBonr his enemies, instead of gaining
them to be his friends. This was one of the
first bribes of ndne ever offered to me, which
I vugbt httfe aoeejted without any danger of
disoMry, and without doing much n>r it:
But my opinion kaa always been that what is
so aofoired is np addition to our store, but
lather the cause of its waste, aocordmg to the
si^iDg, * Male partamale dibibuntur ;' 1 there-
6n refected tins now, as I had done others be-
Isie, and as I hope I shall always do for the
time to come.
^ Bills being found atHkk^ haSagainst the
Ikae norderers of Mr. Thynn,^ as' principal.
ind affainst the count as aceessary ; they the
BflHoay made theit appearance at the Old
Bafli^, where after a tnal which lasted from
nine m the monung to five in the afternoon,
sad a very vlgoreus prosecution on the part of
Hi. Tkynn'a rdatkinsy the three were brought
ingoil^aapriBGipalB, and the count by the
suae j«ya0i|aittedaa not accessary ; itbeinjg
* per JMMatcni liagiM,' aooorting to the pn-
[6
in the county of Bfiddlcsex aforesaid, in and
upon Thomas Vbynn, esq. ; in the peace of
CkMl, and ovnr saui sovereign lord the king,
then and there being, feloniously, wilfnlly, and
of your malice aforethought, di4 make an asi-
sault. And that thou the said George Borosky
alias Boratzi, a certain blunderbuss of the
value of five shillings, the said blunderhosi
being then charge-* '—• <mder, and four
leaden bullets ; whicM sau. jlunderbuss thou
the said George Borosky alias Boratzi in both
thy hands so as aforesaid, loaden to and against
the sud Thomas Thynn then and there hadst
and boldest And that thou the aforesaid
George Borosky alias Boratzi, knowing the
blunderbuss aforesaid, to be so as aforesaid,
chaigedwith grunpowder and leaden bullets,
to and agamst the said Thomas Thynn then
and there, with force of arms, fefoniouslv,
wilfully, and of thy malice aforethought, didst
discharge and shoot oft And that thou the
said George Borosky alias Boratzi, with the
said leaden bullets shot and sent out of the
blunderbuss aforesaid, by the violence and
force of the gunpowder aforesaid: And by
thee the said George Borosky alias Boratzi so
as aforesaid discharged and shot off, the said
lliomas Thynn in and upon the right-side of
the body of^the said Thomas Thynn, near the
short ribbs of the right side of the body of tha
said Thomas Thynn. then and there felonious-
ly, wilfully, and of thy malice aforethought
didst strike and wound ; giving unto him the
the said Thomas Thynn then and there with
the leaden bullets aforesaid, so as aforesaid
shot and sent out of the hiunderi>uss aforesaid
by fhrce and violaice of the gfunpowder afore-
said, by thee the said George Borosky alias
Boratzi, so as aforesaid dischai'ged and sent
out, in and upon the right side of the body of
him the said Thomas Thynn, near the short
ribs, on the right side of him the said Thomas
Thynn four mortal wounds, every one of them
of the breaddi of one inch, and of the depth of
six inches ; of which said mortal wounus, he
vilege of stranfi«rs. I was the first that car-
ried the news of this to the king, who seemed
to be not at all displeased at it ; but the duke of
Monmouth's party, (who all appeared to add
wdght to the prosecution,) were extremely
dissatisfied that the count had so escaped.
•* The captain, and the other two his ac-
complices in the murder of Mr. Thynn, were,
pursuant to their sentence, hanged in the street
where they had perpetrated the crime. The
captain died without any th^ least symptom of
fear, or offering at the least glance of reflection
on count Coningsmark ; and seeing me in my
coach 88 be passed by in the cart, he made a
bow to me with the most steady countenance,
as he did to several of the spectators he knew,
before he was turned off; in shoi-t, hia whole
oarriage, from the first moment he was appro*
hend^, to die last that he resi^rned his breath,
savoured much of gaOantry, but not at all of
religion*"
7 ] STATE TRIALS, 54 Otf ablks II. l682^7rk/ of Onmi Cminguwk [8
Ihe said Thomas Thynn from the said IStb
day of Febroaiy in the d4th ^ear aforesaid,
unto the 13th day of the same month of Fe-
buuary, at the parish of St. Martinis in the
Fields aforesaid, did iangaish and lived lan-
guishing : On which said 13th day of Febru-
ary, in 34th year aforesaid, he tne said Tho-
mas Thynn at the narish of St. Martin's in the
Fields aforesaid, of the mortal wounds so as
aforesaid given, died. And that you the said
Christopher Vratz and John Stem, then, that
is to say at the time of the felony and murder
aforesaid, by the said George Borosky alias
Boratzi ; so as aforesaid feloniously, wilfiill^,
and of malice aforethought, done and commit-
ted, th^n and there feloniously, wilfully, and
of your malice aforethought, b^ force and
arms were present, aiding, comforting, abet-
ting, assisting and maintaining the saidGeorge
Borosky alias Boratzi, the raony and murder
aforesaid foloniously, wilfully, and of his ma-
lice aforethought, to do and commit. And so
you the said George Borosky, alias Boratzi,
Christopher Vrats and John Stem, the said
Thomas Thynn in manner and form aforesaid,
feloniously, wilfully, and of your malice afore-
thought didst kill and morder, against the
peace of our sovereign lord the king, his crown
and dignity. An'i that thou the said Charles
John Coningsmark before the felony and. mur-
der aforefaid, by the said George Borosky
alias Boratsi, Christopher Vratz and John
Stern in manner and form aforesaid, felonious-
ly, wilfully, and of their malice aforethought,
done and committed, to wit, the said 12th day
of February, in the 34th year aforesaid, at the
parish of St Martin's in the Fields aforesaid,
them the said Geoige Borosky alias Boratzi,
Christopher Vratz and John l^rn the felony
and murder aforesaid, in manner and form
afoi'esaid feloniously, to do and commit, felo-
nlouslv,. wilfully, and of thy malice afore-
.thought, didst stir up, counsel, persuade and
procure against the peace of our sovereign
lord the king, his crown and dignity."
L. C J. ^Sir Francis Pemberton.) VFhy you
must read tnis to them now in their language,
or else they cannot understand it.
L. C J. North. You that are the interpreter,
teU thetn that you are going to interpret the
iadictmoTTt to them by d<^free8.
Mr. Vandore. Yes, my lord, I will.
L, C. J. Do not read all the circumstantials,
but only the substance of the indictment.
Then the Clerk of the Crown M'ent near the
bar, and dictated to the Interpreter dcUbe-
lately, who interpreted it to the prisoners.
i. C. J. Well, you have told them the sub-
stance of it, that tnev are indicted for killing
Mr. Thynn. — Mr. Vandore, Yes.
L. C. J, Well, what says the first man ?
CLofCr. I asked him if he be Guilty of
the murder whereof he stands indicted, and he
says he is Not Guilty.
X. C J. Dceshcsay so?
Mr. Vandore. Yes, be says be is Not GuiUy •;
L.C. J. Why now tell him the tbrmality/
tliat he must put himself upon the jury here.
[Then Sir Nathanael Jokntan was sworn In-
terpreter.]
L. C. /. Ask hun this question. Tell him
he is accused of the murder of Mr. Thomas
Th vnn ; ask him if he be Guilty or Not Guilty.
vandore. He says he is Not Guil^, my Lord. «
I asked him just now.
X. C J. Then sir Nathanad Johnson, if you
can make him to understand it, tell him that oar
manner of trial here is by twdvemen, and that
is by putting himself uoon the country, and
th^*efore ask him, how he will be tried. Tell
him that the method is by saying, * By God and
* the Country.'
Sir N, Johttton. My Lord, he is a very dull
kind of man, he, knows not how to answer, nor
what to say ; nor won't say any thmg ; thai is
the truth of it
X. C. /. Ask him if he be willing to be tried
afler the manner of the English.
Sir N, Johnton. Yes, he says he is willing
to be tried according to the fasnion of the Eng-
lish.
L. C. J. North. He hath pleaded Not Guilty,
and the other follows of course.
X. C. J. Ask tlie other, the captain, the same
thing.
Sir N. J. He desires a French Interpreter,
for he speaks French.
X. C. X Surely here are enough people that
understand French, but ask him u he aoen not
understand English.
Sir N. J, He can understand some, he says.
X. C. X Then ask him, whether he be Guitty
or Not.
Sir N. J, He says he is Not Guilty, my
Lord.
X. C. J. Now ask Mr. Stem, but first ask
the captain how he will be tried.
Sir V. X He says he win be tried by God,
and half his own country and half Engfish.
X. C. X He sliall have his request.
^ N. J. He desires one thing further.
X. C X Look you, sir N. Johnstm, vou must
tell him this ; he shall be tried by half foreign-
ers and half English; that is it, I suppose h«
desires.
Sir N. J. My Lord, he desires that there
may be none of the jury that are any thing
a kmdred or relation to Mr. Thomas Thynn,
nor any particular friend of his, and .he is sa-
tisfied.
X. C. X No, there shall not, we will take
care of that. Now ask Mr. Stem then the like
question.
Sir N. X Mv Lord, he says he is Not Guilty*
X. C- X Ask him too, how he will be tried ;
whetlier by a jury ?
SiriV. X He says, he is content ta be tried ag
the others are, by half strangers and half Eqg-
lish.
X. C. X Xow then ack my Igrd CoDiBgiitttt'k
what he says.
STATE TRIALS, 34 Chablss IL l6S2^and t%hn%fm^ MrJkr. [lO
Mr. Vandare. My Lord, hcadn this ques*
lion of your lordslup aod tliis bnoura^le court,
if it be agreeable, and iiooqrdiiif to ^t ji»tic&
ofthisnadon, that my Lord navbeattowed
two or tlkree days delay, beatae ne ii to pre-
pare himself and witnesaeB for hs trial.
Sir N, J. My Lord, he says this ; hi wit-
nesses are not prepued, and henot haTiv huci
time to recollect himself, so as to fit hkiseir
for his defence, therefore he begs the iaTOv of
the court, that he may hare a day or to*s
time to recollect himself. He says he ts ton.
swer circumstanoes with ciroumstaoces, \y
Lord ; he says he has some*^ wimesses at^
circumstances that are Tery materiai to aostr
such circumstances as are brought against hit^
he does not understand the law, my lord, n«
has had no time to have any counsel to infoii
himself.
L. C. 'J. You must tdl him this, that whid
he is charged with is matter of fact, tiiat nooc
can instruct him in bat himself; counsel can
do him no good in such a case as this.*
Sir N, J, My lord, he says, the matters that
are okgected against him are onlycircumstan*
ces, mv lord, and they require an answer,
which be can do by other circumstances, and
he desires time to recollect himself two or three
daysresnite ; he desires, if it weie but a little
time, a day or two.
Mr. Thynn. My lord, oar witnesses ore all
ready, and the counsel instructed, and wait here
toffoon.
X. C. J. North. Look you ; pray wtfl yoa
tell him, when the trial is once begun, the jury
can neither eat nor drink till they hare giren
their yerdict ; that is the law, and we can-
not change the law, therefore we cannot
allow him the time he desires. He knows what
he is accused of, and has known it a good
while, and has had time to recollect bimsen and
prepare himself.
8ir JV^ /. My lord, he says, the jury are not
yet together, nor charged with him, and there*
tore tUl the jury are charged, he thinks he may
have time, if your lordship please to allow it.
Ir. C. J. Look you, you must tell htm, -that
he J9 to understand that here is but one indict-
ment against the , nrincipals and himself, and
we'cannottrythis by pieoe^meals; we cannot
try the principals now, and my lord Conings-
mark another time.f
9]
Mr. Tkytm, He speaks English, my Lord.
L. C. J. But not well enough, may be, to
ondentand the whole.
JL C J. North. iHr Nathapad, what does he
say? •
Sir N. J. My Lord, he says it is a concern
of his life, and therefore he desires he may
IwTe not only one Interpreter, but others : he
desktps he may hare two or three^ that they
may make no mistake.
JL C J. Very weU
&&r N. J. lie says that I understand the
Dutch language ; but his life aod honour are
coaeemed, and therefore he woiild hare three
or four.
i. C, J. Who would hfe have ? ^
8tr N J. Sir Thomas Thynn* said they had
one that was brought by them.
Mr. Thynn. T&A is Vandore, who is sworn
already.
X. C. J. liook you sir Nathanaet, tell my
Lord if he pleases, he shall have a French In-
terpreter ; tor 1 know he speaks that language
verywdl.
m N. J. My Lord, he says, that High-
Dutch is his natural language, and he can ex-
press himself best in that.
[Then one Vanharing was called for by the
Count, but did not appear.]
X. Ch. Bar. (Wm. Montafirue, esq.) Sir N.
Jobns<»i, you must ^ the Count whether he
be Guilty of the Indictmoit, as accessory be-
Ipie the fact
Sir N. J. I have asked, my lord^ and Not
Guilty he answers.
CL cfCr. How will yon be tried ?
Sir N. J. He says he will be tried by God
aod half his own country, or half foreigners
aod half English ;t and he desires they may be
persons of some quality, as they use. to treat
persons of his quality, and strangers.
L, C. J. There shall be such strangers, tell
him. You have merchants of good aocoant,
1 suppose, upon this pannel ?
Und. Sfter. Yes, my Lord, they are air such.
8triV. /. He desires he may be tried dis-
tinctly from the others.
JL C. J. That cannot b|e : but look you, Sir,
Pray tell my Lord this, that though the- evi-
dence most oe given, and the jury must be
oharged all together, yet in this case we will
disti^uifih his case to thejury, if there be oc-
X. C. Bar. And his evidence will comedis-
* So in the former edition.
f As to the right of an alien to have in trialk
whether civil (unless both parties be aliens) or
criminal (except indeed for treason&and in the
case of Egyptians, under st. 32 H. 8, c. 10.) in
which he is a party, a jury of which one naif
iluJI be aliens (if so many snail be forth-coming
intbe place). Seethe IStatutes, S8 Ed. 3, c.
13, and 8 Ueo. 6, c. S9, andBlackst €omm.
Book 3, ch, 123, Book 4» ch. 2U
* See the Note to the Case of Don Pantaloon
Sa, voL 5, p. 566, and to the Case of Twyn,
vol. 6, p. 516, of this Collection.
f *' Most oertainly they might, and it is fre-
quently done although there he hut one indict-
ment, as in the case of the Begiddes and many
other cases ; but it was more for the interest of
the count to try him then, though he was not
aware of it himself." Former Edition. As to
an inconvenience attending the trial of more
than one prisoner at once^ see a note to the
Case of Campion and otheis, vol. 1, p. 1051, and
a note to the Case of Coke and Woodlmme^ tu
D. 1721, in this CoUeetioiu
i 1} SrrAT£ TRIALS, 34 Cba&IBS II. l6$i.^^Iiriat tf Cmmi CankigimaHk [ t<
Sk N,J. If itainst be so, hesays, he ma!$t
throw binflelf uton your lordship : he hopes
be shall kave nohiiig bat what is just and iair,
aQ4 he lopes yoir lordship will be of ooonsel to
fainifas^eftshonofthis oonntry is; if any
thing aHes of natter of law, he desires he may
have tl^ advttitage of it : and if he cannot
have a^Ay or two, he says the innocency of his
case *iU prelect him. Count Coninfi«roark
knoiK^g how innocent he is, won't stid^ for a
day i two, but he will be ready to be tiied as
youiordsbip shall think fit : he has innocence
on ]» side and that will protect him.
j C /. Let my lord know, that we will
beireful in examining alj things that concern
hi;
•ir N, J. He says he does not fear it, my
Vt having to do with such honourable per-
gs, nor doubt it at ail.
X. C. J. ' Then swear a jury. But look you
y lord Coningsmark, consider this ; as the
^utlemen of the jury come to be sworn, if
ou do dislike any of theas, you may except
grsinstthem.
Sir N. J. My lord, he says, being altogether
stranger here in Enffbnd, and not knowing
.ny of u&e persons, he negs the fiivoor of the
>ench that he may have the names of those
that are returned of the jury, and a little time
to consider of it.
X. C.J. That we camiot do : all we can do
for yon is, we will take as much care as we
can, that vou' may have indifferent personsanii
persons of quality.
JL C. J. North. Pray tell him, the biw gives
him the privileffe of a peremploiy challenge.
Sk N. J, He say^ my lord, he does not
know who th^ sre, but tb^ may be persons
that are tooohed, and may have something
of evil will or spleen a^psinsk him. His father
served against the kmg of I>ennaark and
against the Poles and the Ptipists, and his
mher was a Pmestant and served the Protes-
tantcause.
X. C. /. What eoontrymen are they, BIr.
Sheriff
Under Sheriff, They are French and Dutch
most of them,! do not believe there is ever a
Dane amongst them*
X. C. X We win can all FfwchmeB, if he
had Fsdier have tiicm than Dutch.
Sir JV. J. He would very gladly have them
all High-Dutch ; if not, tluit he may have
X. C. X I thought he had eicepted agaiBst
the Dutch.
I%r Jf. X No, against the Danes ; ibrhis la-
ther in the wars burnt their towns.
X. C. X Rxamine them, as they come to
diebook, if there beany of the Roman Ca-
tholic leligion, and do not let any such be
•worn.
Mr. Sheriff TilkingUm, There is none such
«mong them, I dare say.
X. C. X Sir N. Johnson, tell my lord, be
•ban banre. no Roman Catholics at all.
Sir ^.X He thanks your kuddup. Hede-
sires he may have the penoel tolook upon, aiid
he hopes tliat is an easy fitvour.
X. C. X Let him have the pannel, if it will
do him any good. He is a stranger, mtisiy
him in what we can.
[Which was delifered to him, and he looked
it overj
X. v. X Tdl him, as the jury is called, he
shall have every one of theOntlandishmen and
En^rlisbmen brouglit before him.
8ir N, X My lord, he thanks you for this
favour.
X. C. B, Sir N. Johnson, tell the Count, tliey
call fir&t an Englishman, then a tbreigner, and
they shall be broufi^ht to view.
X. C. X Pray, have you told the other per-
soas, that their time to challenge is before the
jury is sworn P
Sir N. X The Polander says be can chal-
lenipe none, because he knows none*
X. C. X What say the rest ?
Air. Vandore, They say tliey know nobody,
and can except against nobody.
C/. ofCr, CaUSir WUI. Roberts. [Whoap*.
pearing, stood up.]
X. C. X My lord Coningsmark, there is the
foreman. «
8ir N, X He has nothing to say against bin.
X. C. X Then hold him a book« and swear^
him . [Which was done ]
CL ofCr. Call Mr. Downing.
Interpret, He says he is no foreigner.
X. C X Then he most not be sworn.
CI. ofCr. MosesCharas. [Who appeared.}
Interpret. He has nothing to say against
him. But he himself says, he does not speak
English, but he desires to speak French.
CL qfCr. Then tell him in French, he must
lay his band on the book and be sworn, and
barken to his oath.
Sir If*. Winnington. We challenge him fet
thekinff.
X. C! J. For what cause ?
Sir Fr. Winnington. My lord, we take it
that we need not shew any cause unless there
be any want of the number in the pannel.
X. C X Then we must do him right, and
tell him what advantage the law fives him.
Tell my lord, you that understand English,
that this gentleman is challenged for the king ;
and if the king shew any goml cause for it, ne
must not be sworn, else be must. And the*
way for him to cause the king's counsel to
shew their cause, (if he desire it) is to cbal*
leoffe all the rest
Mr. Williatns. We wave our challenge : for
the reason why wechalleneed him was, because
he did not understand Enj^ish, which will be no
reason at all. ^Then he was sworn.}
CL afCr. Sir Henry Ingoldsby.
Sir JV. X He challenges him, my lord.
CL of Cr, Sir William Gulston.
Sir Jv. J. He excepts against hnn, my lord.
X^ C. X Does be cballoige him in respect
of what I said to him about the Outlandish
gentlemen, that thekinsr is to shew cause ? Or
bow does be challenge nim f
a^l STAIS TRIALS^ U Cuabibs II
IiRlfrprrf. Hy lord, be njB beliean he u
• fnend to Mr. Thynn.
JLC J. Well, let him be passed by tben.
CL of Cr, Sir John Mnstera. [^Vho did
«ot ap{)ev J
Sir N. Johnson. He says, my lord, he only
desires mdiffemit persons. ^
CL ofCr. Henry Herbert, esq.
8ir N. J, He challenges him.
CL ofCr. llichard Paget, eso.
^ JV.. J. He desires to see him.
L, C. J. Let him be brought into the middle,
Ihai he may look upon the prisoners.
Interpret. He has nothmg to say against
.Jam. [Then he was sworn.]
CL of Or. James Bucgone.
Interpret. He excepts against him.
C^ of Cr. Claudius Derolee.
Interpret. He excepts against him too.
CL rf Cr. Charles Beelow.
Interpret. He says he looks like a man, and
1^ does not ekoept against him. [And he was
fwom.]
CI. cfCr. Ralph BocknaB, esq.
Interpret, He challenges him.
CL qfCr. Thomas Earsby, esq.
Interpret. He challenffes faiim too.
L.CJ. Look you, sirj^. Johnson, pray teU
Imn he can challenge but tw.enty .
Sir N. J. He says very well ; he will not do
anymore. Hedenres thefiiTour, that those
that he ehaUenges may not come near those
that are sworn.
' L.C.J. Wdl, it shall be so; wewiU take
fare of it.
CL ofCr. Richard Oowre, esq.
Sir N. J. He excepts against him.
CL qfCr, George HocknaU, esq.
Interpret. He challenges lum. .[But then
die ^unt looking in his psqier, retracted the
<;faallengp, and he was sworn.]
CL <^Cr. Peter Vandenhagen.
Interpret. He says nothing to him. [Then
he was 8wom/|
* CI. cfCr. Widter Moyle, esq.
Interpret. He does not challenge him. [He
was sworn.]
CLafCr. Christopher Ripkey.
Interpret. He does not challenge him. [He
was sworn.]
CLqfCr. Thomas Henslow, esq.
Interpret. He does not except against him.
(Then he was sworn.]
CL qfCr. Lewis Doncarr.
Interpret. He challenges him. ^
CL (fCr, Peter Lecane. [He did not ap-
sr.] David Colli Faux.
Interpret. He challenges him, because he
knew mi. Thynn, they say.
CLqfCr, Andrew liodderlej.
Interpret. He challenges him.
CLqfCr. James Burk.
Interpret. He challenges him.
a ofCr. Daniel Grigsrion.
Interpret. He does not challenge him. [So
kevas siWom.]
^CL<fCr. Robert Jordan, esq.
l682[.--tffiif othen^ for Mwritr* [IW
Interpret. He challengB him.
CL OfCr. hucy Knig5ey,esq.
Interpret. He challengs nim.
CLqfCr. John Hayne, esq.
Interpret. He does no except against him,
[He was sworn.]
CL qfCr. I^wis le Coint
Interpret. He challenies him.
CLofCr. JohnBellier.
Interpret, He challenges him.
CL qfCr. James Froitein.
Mr. Williams, We clallenge him for the
kine.
CL of Cr. John M\ssey.
Interpret. He chal^ng-es him.
CL of Gr. Andrew Irimow.
Jfi/erpref . He cballeiges him.
CL of Cr. Nicholas Teufor.
Interpret. Hechallen^him. Hesaystbev
are all Walloons, and the^re he cbaUen^
them.
L. C. J. Why does he ^cept against Wal^
loons ?
Interpret. Because they l|ye always serVed
against the Swedes.
CL of Cr. John Lebarr.
Interpret. He does not ex(^ against him.
[And so he was sworn.]
CL qfCr. Cryer, reckon t^se, &c. Sir
Will. Roberts, bart. Moses Tharas, gent.
Richard Pagett, esq. Charles leeiow, gent«
Geo. HocknaU, esq. Pet Vandei^agen, ifent.
Walter Moyle, esq. Chr. Ripkey gent. Tho,
Henslow, esq. Dan. Griggion, ^nt. John
Haynes, esq. and John LehuT, g^t.
Then Proelamation ibr Informatin and Ph>«
sedition was made:. and a Chair las set for
the Count, at his request.
CL of Cr. Gentlemen, look upoi the pri-*
soners, you that are sworn, and h^rkea l»
their cause,"* they stand indicted prut in the
indictment, mutatis mti^atu/u— — aspinst the
peace of our sovereign lord the king, ni^ crown
and dignity. Upon this indictment tfey hate
been arraigned, and theTCimto hate ^verally
pleaded. Not Guilty : and for their trii, have
put themselves upon God and their ctintry 9
which country you are. Your char|^ is to
enquire, whether they, oic eny of thtn are
Gmlty of the offences whereof they st.ud in^
dieted, or Not Guilty. And if youfiDCthem,
or any of them Guilty, you are to fini what
goods or chattels, lands or. tenements they
had at the time of the felony and murdei com-
mitted, pr at any time since. If you fine them
or any of them Guilty, you fixe to equire,
whether they or any of them fled foiit : if
you find that they, or any of them fled for it,
you are to enquire of their goods and chittels,
as if you h^ found them Guilty ; if yon flnd
them or any of them Not Guilty, nor thakhey
did fly for it, you are to say so, and no Bore»
and hear your evidence. But if you ipquil
any one of'^the principals
tmmm*^^f^
So in the former Sdition.
15] STATE'RIALS, 34Chakles II. l6S^.— Trial of Count Coningsmark [l6
m
L. C. J. That iai mistake, it must be dlthe
|irinci|»al8^
C/. of Cr. If ya acfrait the principals, you
are not to en^re if Cnarles- John Conings-
mark as accessary >^re,
Nr. Keene. May t please yoar lordship^ and
9M gentlemen that are sworn of this jury,
Teorge Borosky a.a8 Boratzi, Christopher
Vratz, and John Sten, the prisoners at the bar,
stand here indicted for that they not having
the fear of God befo« their eyeM^ but being
moFedand seduced >y tb« insngation of the
devil, the 12th day of Tebruary, in the d4th
year of the reign of thl<king» telonieusly and
voluntarily, and of thtf mdice aforethought,
did make an assaultopon Thomas Thynn,
esq. at the parish of tt. Martin's in the Fields
in this county*; and tiat the said George Bo-
foaky having in te hands a blunderbuss^
which he knew to b charged with four lead on
bullets, did dischoxe it at Mr. Thvnn, and
gave him four moval wounds, of which wounds
be languished tk the 13th day of Febru-
ary, and then «ed : and that they the said
Cbristogher Vriz and John Stem were tiiere
present, aiding assisting and abetting him to
commit the »d felony and murder ; and so
that they the iaid George Borosky, Christo-
pher Vratz, a>d John Stem, did of their malice
aferethougbtin manner aforesaid, murder the
faid Tbemairf^ytm. And Charles-John Co-
ninjpsmark, fle other prisoner at the bar, stands
indicted, fc that be before the felony and
murder afbftsaid, so done' and committed, to
wit, the l4i day of February aforesaid, did of
his maliceidbreUiought, move, incite, counsel,
persuade,md procure the said Borosky, Vratz,
and Sten^ to do that niiurder, a<piinst the
peace of fte king^ his crown and dic^ity. To
this indilment they have severaJly pleaded
Not Gu'iiy ; and you are to enquire, whether
they areOuilty, as they are cliarged, or no.
Sir Irancii Withens. Mj lord and gentle-
men, 1 im of counsd in this case for the king,
agatnstthe prisoners at the bar. There are
three € them indicted as principals in this
ttiurde, the fourth as accessary oefore. In
this cae that is now before you, gentlemen, I
cannoichoose but take notice unto you, that a
tnurdcof this nature has never been heard of
to be prpetrated upon English ground, both in
respei dT the person mur&red, and in respect
of thi ctrcumstaocfs of the fact. For the
persot murdered, was a gentleman of that
^ualt^ and estate, that be hath left but few
eymi behind him. That this man being in
hmcacfa, shfrald be way-layed, surprized, and
mnr^red, and this murder committed ui the
midsof our streets, is that wjiich works amaze-
mant in all English hearts. And our only
oomhrt upon this sad occasion Ls, that there
li na one native of this country found amongst
all tkee diat are aoeused to be instrnments in
this mibaroos ihct.
I tid observe to yoo, gentlemen, before, that
tiienaie three named to be principals; Bo-
ipakr, whom for diitfaictioii wSke^ I shall call
by the name of the Pokmder, Vratz, who is
called tlie captain, and Stem, who is called the
lieutenant. Borosky the Polandcr,* we say,
was the man that discbarofcd this bluniWhuss
against this worthy gentleman that was slaio ;
but thougli he was the only man thnt dis-
charged it, yet if we can satisfy you that Vratz
and Stem were with him at the same titue,
aiding and assisting him when he ^ave the
blow, they are as much principals as he tJiat
shot off the gun. It will be natural to open
to ypu what is said against this captain Vratz,
he is a Swede by birth,' and did formerly'
belong to count Cuningsmark ; he was a re-
tainer to him. Afterwards, I think in the war
he was made a captain. This gentleman had
been formeHv in cngland, but at th* last time
he came, which was three weeks, or there-
abouts, before the murder was committed, his
bodying was in King-Street at Westminster.
This captain Vratz, ue shall prove, did often
discourse that he had a quarrel with Mr.
Thynn, that several times before this murder
was actually done, he ordered his serrant to
way-lay his coach ; and upon that very fatal
day, the 12th of February, when this unhappy
accident fell out, having information that Mr.
Thynn was gone out in his coach, immediately
he puts on bis boots, ^ives order to his ser^
vant to bring his clothes to him atsudi a plare,
because he should remove his lodff tag, he said,
that night, that he should bring his clothes to
the Black- Bull Inn in Holboro, and brinsr his
horse thither too. "When he went from his
lodging, the Polandcr went along with him,
anu they came to the Black-Bull in Holbom,
where they met with Stern. We shall shew
you, that these three gentlemen being thus
anned, one with a blunderbuss, the second
with pistols, and the other very well provided,
rid out about six o'clock, the murder bcin^
committed about seven or eight. At their
going out, they enquired which was their wa v
to Temple-Bar ; they were seen to ride througn
the Strand to St. James's, the fact was doi:e
in the Pali-Mall, and we shall shew you the
way of it was thus ; Mr. Thjmn passing
through the street to go home in his coach,
three persons came riding up to the coach
side, and while the one stop|>ed the horses,
imniediatdy the blunderbuss was discharged
into the coach against Mr. Thyun, and gave
him those woun£, of w hich the next morning
he died, presently these three men ran away,
but one of them let fall a pistol upon tise place,
which I shall observe as a material circum-
stance against these persons, because we fihall
prove whose the Unnderbuss wns. These
things being done, this murder comntittcd, and
they gone away, it begun to work in pe(»ple's
thoughts, and 'circumstances began to eoine
out, Siat this blunderbuss should be orden*d to
be brought by captain Vratz, who had dis-
coursed with many persons about the quarrel
he had whh Mr. Thynn, and given enter to
his servant to way-lay his coach ; and theso
persons being rid out at that time, there was a
1
•
prjnci^abw Forlilefoiivtby feAtlenMO, eount-
Conm^fsmapk, he ki t pcMon of g^i*eat qoBiity^
anct 1 am- OKlniorduiary sorry to find the evi-
deuce 8» stroll^ agMii«t him, at my brief im-
ports ; I wbb m» ianoceaee were greater, aood
our Of idoBce less ; for be io^ a person of too
^frest ^fialky, one weuM hope, to be ooncenied
in * Untkg ot'this natiire ^ but thai he was iho-
main abettor and procurer of this barbarous*
bofltness, we sh^U prove upCM these grrounds :
Fifst, That he htd a design upe» Mr. Thymi'»
life; for, geiitleiB€B^ csomiBg; into Englaadr'
absiil three weeks before this matter was trms
sacted, first be lies in disgfbise, and livvs prin
vate, ' and remoxres hia lodging icom place' toi
place freauently ; tiiat he sent a person t9> tan
qiMNrof ttieSfWedfeh vesideiit, whether, oi« tto,
»f he shoald kill Mr. Thvim^iii a duel, he eoukl
by (he l&ws of England aftcrwaands nkarry ^m
lady Ogle ? So that Mr. Tbynn's death was in
pibspeel ftoin the beipuniag. Cientlemen, we
shall prove to you, as 1 did in soofts^ bmmmimi
open before, that the count himself ^Mu pleasied
to give sxpress order, tLat the Polander should
have a good sword bought him; tb^tbeilM
he came into England,, he was very mtlds
troubled, by reason of the stormy weather, ib^
fenr he should be cast away ; that he lodged
him in hi^ own lod^ng the night before ui A
act was perpetrated ; and* that captain Vratz
was the morning before, and immecnately affer,
with the count. Another thing, gentlemeir,
that t had almost forgot : The count was will*
iog to be instructed in the laws of England,
and enquired^ Whether a mau might lawfully
ride out upon a Sj^mday ? and bnng told, That
afler sermon he might; he was very well
satisfied ; and the day he enquired of it, was
the day that the murder was committed. After
the thing was done, count Coningsmaik, the
next morning, pretended he was to go to
Windsor, and leaves his lodgmg ; but instead
of going, to Windsor, (being still in his dis-
g-uise) be goes to Rotherhithe, by the water-
side, and weve, I thiuk, he continues two or
three days in a black peruke, (and that 10 dis-
guise enough for such a gentleman) and after^^
wards he goes to Gravesend ; but, ] tluuk, he
was upon the water some time, befisre he
thought it convenient to land ; and there he
was surprised in this disguise. And when h&
wav surprixed and taken, he sHewed hims(4f
to be in great disorder ; but being charged with
the fact, acknowledged i^othingoA' the matter.
But how it slioidd come to pass, thaft he should
lie so long disguised, upon no pretence that
caa be kkiowDy aivl afterward to pretend thflX
he had; a business to effect, aud theo be wa^
to g0 into Fi-auce, that will lie upon him to an-
swer. Butthcfse are tbe inducing evidences
that we give to you ; liis keeping the Polauder
411 his house, his. disgiiiung of himself, aad
hieeBquirtng, whether ii' be killed Mr-Thynn,
be might not marry my lady OgleP HisfOghft
the next day, andpotendiiiflf to§fo to WindsoVy
When he w«Bt qwie theotner way, and all ifk
sfrdisgHiM I 9fiA these wmwB not beviBg aur
C
BN«t wtfpittOD Ihet they 4iA il. Giaat- eave
fliere waetadi^y and gtim aweos eaad^aeee
dsefttllMreweeld be, %o apprehend fkemole-
fm^tm ; end by ^^aat providedoe it was fb<2iid
out at last, Utadi&is oitotaiB VralB^ aotordmg
to his word, had altered his lodging, and Was
Mtteedeetor'iihwMe, that lirod^ I tbitik, in
leieesler-FisUft. Bcfog there sufpfized, aa4
coBUDg upon his examinatioe, he did noS deey*
bet Im wee thanaoeaof tliathteel tiuft wtut at
the pleee wkair aed where Mr. Thym waa
murdered, but he pretended, he did ielend to
liijhl fain IB a dtetU and kill him fairly, as he
called it. But, gtttOetttem^ i naesl ohsewe
thk to ye«y ih itoy small tieie ef escpeiieiM^e of
tlewacidy I eever knew a mae ga tetghi a
duel, and carry out wilb him a secood wkh a
Maederbda^. 'if is noa {passible he . should go
with such a design as he' would inaiaeate, £it
rmtber wi^ aft iiiteflaia« of murder. For Ae
Fabmdery he €afec into England bet the Fri-
day befbre,, aed so we shall prove to you that
wiab will stick hand ueoe the eoent. Upon
FMey, he being hMMie% he eequires tw the
young count's tutor, which was at an aeadeiay
af aee Monsiear Faubert's ; and there he en-
qeines for the coeet's seeretary ; he lay there^
I lUnk, that night,, and epoa Saturday he wae
•snveycd te the eoent's Mginga. There alao
ha was lodged for one night. Tbe oouat was
fheacd to baspeah ham a^erv gt>od swoid, and
eeoealbF hfaa, that he might be wellnrned,
■id these be lay ou Satasdey night, as I said,
the n^ht before the murdEsr waa committed.
Upae liendi^, ^emlemea, there beijig a mes-
sage sent to this do<^or, where Vratz lay, the
night following that ^e count would speak
wnh tbe doetory the doctor oame, aad the
doctor and the Polandef went away to captain
Vratz's lodging, and from thence to Holborn,
lathe Bleek-Bott^ and the captaift was carried
in as aaoch seeieey as be could, for he was
carried in a sedan ; and 1 think we shall be
able te prove,, by the persons that carried him,
that this wan the man. For the other geatle-
man, ^em, the lieutenant, as they call Mm,
be we« an aaeient aequaintattce of cantain
Tratz's, bad known him loo^ago in Engpiand,
and eampliuued to him, that lodgings might be
very dear ; but the captain told him, he had
a w4ig;n ; and if he would assist him as a brave
fellow^ -would niaiutaiu himj and he should not
want aaouoy to bear all his charges. But we
shall prove Hiat this was the third person ihat
rid out with the Polandorf and the oaptain ia
this garb that 1 told you of, this nighil that tiie
iaet was done. Jnd indeed, Gentlemea, «p^
their examinaliae, they have every ouo con-
fessed the faei; even tUePolatider confessed
that he did shoot nfS the bhiaderbuss ; 'and
Viets confessed that be was there, and the
keetanant $tem> an that if there had been no
msffo evidenee, ii would have bean siifBciont
W raaintinn the isaae, and id oar circumstances,
it is nose ^erhaf^ then oouid be eacpeotedb
Tkis^ gentkaaan, ia the principal som of the
avidonce, that will be given agamtt tho thrae
VOL, IX,
] 9] STATE TRI ALS» 54 Ca aelbs II. l6st.—TMal iff CoMf Camng$marJt [i^
Appearance, or any reason whatsoever, lor any
iMuticnlar quarrel to Mr. Thynn, but the count
having some disgust to him, upon terms that
the witnesses will tell you of by and by,
and beiug related to the count, we must leaTe
it to you to judge, whether these gentlemen
did it sin^y and purely upon their own
heads, or whether they were not set upon it by
the count. ^
SirJV. Win. My lord, I shall not trouble
yo« with repeating of our eridence, but we
will begin and cbU our witnesses, directly to
prore the murder done by these gentlemen ;
ve will prove the (act downright upon them,
•ttd then we shall afterwards come to the
Qomit.
Mr. WiUiamt, My lord, first we will direct
cndenoe to the principals^ and then to the
accessary. ^1 William Cole and William
EUers.
' L. C. J. 9wear some person to faiterpnt the
tfridence that shall he given : I do it for the
sake of the aliens that are of the jury; for
tome of them understand no English, and they
will not know what to make or the evidence,
if they do not repeat it to them in their own
language.
Theu Vundorc and Wright were sworn for the
King.
Sir N. Johnson. My lord desires that the
doctx)r and the tailor that are in prison may be
seut for, to be here, for they are witnesses for
hiui.
Sir p/'d. Winn. We desire thej may be here
too, for they are wjtueMses for the king, and 1
believe they are here, my lord.
Sir iV. J. Mr. Vandore does not speak
French.
Sir W. Roberta. Mr. Craven speaks Dutch
and French very well.
Mr. Craten was sworn.
Sir A^ J. The count desires the fiivoor of
pen and ink. v
L. C. J. Let the count have pen and ink.
Mr. Wiliiams. Call William Tole and Wil-
fiam Ellers. (Who appeared, and were sworn.)
Which is Winiam Cole? Set him up. Ac-
quaint n)y lord and the jury how Mr. Thynn
was assaulted . nnd the roatmer of it.
Cofe. My lord, my master was cominff up
St. James 's-street from the countess of Nor-
thumberland's.
Sir Fra. Winn. Name your master.
Mr. Williamt. Who was vour nuister?
CoU. Mr. Thynn. Amf I hati a flambop.u
in my hand, ami was going bef«)re the coach,
and coming along, at tliu loivt^r end of St.
Albsn's- street, I hearJ the bhiRdf^rbuss go
off; so upon that £ tinned my face Lack, and
«aw a gteat smoke, and heard luy roaster cry
out he was mur>lered : And f sec three horse-
men riding avray.on the right-side of the coach,
and I pursued afler them, snd cried out mur-
der: I ran to the npper and of the Hay-
market, till I was quit« spent, ami wss able'to
(|« BO further; and tnmingback again, my
master was got into thef honsa, and I wider'
stood he was wounded : That is all I know.
Mr. WiUiamt. You say yoa haard a blonder-
bus . go off, and taming back, ycfn saw iSmtet
men riding away from me coadi ?
Cole. Yes.
Mr. William* Look anon the prisoners at
the bar : Can yoa laj an of them, or any of
them were the men ?
Cole. Ni»,l cannot; Ididnotseetfieirfiux^
hot I saw Ae horse of one of them was a Itttin
Imkv horse*
Mr. William. But do yoa take any of thoi^
mentobeoneof tbethreef
Cole, I did not see any of their laees.
Sir Fm, Wirm. What time of night was it f
Cole. A qnaiter after eight
9tr Fro. Winn. Pn^ what day of the week f
CoU. Sonday.
Sir Fra. Winn. What day of the month f
Cole. The lltfa or 13th of Febmary.
Sir JVa. Winn. Then, where b WilUani^
EUers ? Ptay do yoa tell the coort and jury*
how Mr. Thynn was wounded, and by whon%
and what yoa know of it.
Ellers. My lord, I came with my master
from St. James's-street, from my lady Nor-
thumberiand's, and as I came at St. Alban's*
street, there oame three men riding by th«
right-side of tlie coach, and as they nd, one ef
them turned abont, and bid me stop, you dog ;
and just as I looked about, the fire was let into
the coach upon my master, and the men raift
away as fast as they could.
Sir Fra. Winn. How many were then of
them t
FAkrt. There were three.
Sir Fra. Winn. Were those men at the bar^
or any of them the persons f
Ellets. I cannot tell.
Sir Fra. Winn. What were the words the^
said when the coach Was stopped P Hold, boh),
or stop, vou dog P
Mr. WiUiams. What condition was yovE
master in tlien? Wss he shot then ?
tilers. Yes.
Mr. Williams. We will gife you some evi-
dence now out of their examinations.
L. C. J. You had best give some evidence
of his >vounds.
Mr. Williams. Yefi, wo will. Call Mr. Hobba
the surgeon.
L. C. J. L(K>k you, Mr. Craven, you hear
what these witnesses say, tell it to the genUe*
men of the jur}* tliat are outlandish men, Thai
the:re witnesst>s swear, there were three men
did do this thing ; the one of them stopped the
coach, and die other shot into it, but it was a^
that time of' night, they could not know tlieir
faces, and they uil rid away.
Mr. Craven, My lord, if you please, the
witnesses may speak by degrees, and between
every witness 1 will give the jury an account.
L, C. /. W ell, it shall be so ; but they say
no more than what I tell yon, That three men
did do this. Then he uterpreted it to thr
Jury,
11] STATE TRIAL?, 34 C04I&I.S& IL iSh^^^^mndalursJvr Murder.
Mr. Crweeit. He gays he ban that three
ttOD did de it, but he says, he does not hear that
ihejkBetr anj of theno.
Then Mr. Hobbs was sworn.
[t1
Mr. Wiliiaau. Had Ton the searching' of
Mr. Thynn's body «fter it v as hurt ?
JETtfMs. Yes.
Mr. WiiUams. How did you find him t
HoUn. 1 was with hnn^Hir, that night he was
viNBided, and I ibiiiid him sliot with four bul-
kls, iHuch entered iiite bis body and tore his
gob, and wounded his liver and hia stomaeh,
and his gull, and wounded his ffreat guts, and
biisniattflrnts, and broke one of the ribs, and
woonded the great bone below.
Sir jRno. Whuu What time came you to
him?
AiUf. Abont 9 or 10 of the dock.
Sir Fra. Winn. Did he die of those wounds?
IMfo. Yes, he did die of diose wounds.
Mr. WiUiams. Did you apwehend them afi
unUii, or any, or wfaioi of them ?
Holit,. I Miere there was never a wovnd
bat it mightjnrore mortal.
8k Fm. ITtmi. Now tell ns what day of
tiiewe^ and what d^ of the month it was.
HoUs. It was Sunday night, the ISth of
February, I thmk.
ImC. J, What did you obsenre of the bul-
leJts; was there any thing done to them more
than ordinaiy ?
floMa. I oeuhl not see any thing, I have
taCBi herey floy lord.
Lord Chief Banm. Were they iron or lead ?
Then Mr. Hobbs delivered them into Court.
Bohbg, Two of them, the little ones, may
be iron ; for one of them went through a thick
bene, and yet there was no impression on it.
X. C*. /. And this that has the impression,
yon think might be done against die bones.
fioMi. Yea.
L. C J. Was this left ragged on purpose to
4o the more misphief ?
Hobbi. Which, mv lord ?
X. C. J. This that is left at the end here.
Wonid this be more mortal than another bullet,
«r harder to heal?
Hoifbs, No, but as they take up a greater
nee in flying;
X. C X Would not the raggedness hinder
Aebeafiag?
EM9* No, only bruise the flesh, which
kuised flesh mnst oome away before it can be
healed. All ballets wound by bmisiug of the
flesh.
X. C. X. WeQ, these were the four bullets
4pat were found in Mr. lliynn's body ?
floU*. I verily believe they are. Dr.
Lavar bad them OQt of nty bands for a day or
V&% but I believe them to be the same.
X. C X Was there any lodged in the
ilMBaeb?
MM$. Yea, one of the httle ones.
LC/j' Bad tbey broke the great bone?
HM$. Yes, the great bone in the bottom of
the belly.
X. C.X Twoofthem?
Hobbs. A great one and a httle one; two of
them passed through that bone, and lodged in
the back-bone.
X. C. X W as any of them gone through th^
body?
Hohbs. Oce of tbcm lay between the ribs
and the sidn.
X. C< J. None were got quite through then ?-
Hobbs, None.
Hir Fra. Winn. Call the Coroner, Mr.
White.
X. C. X Tell the jurVi Mr. Craven, vfiink
this witness has said. ['1 hen he interpretad
it. >
X. C. X What says that g^entleman ?
Mr. Craven. He says 'lis very well, ha
understands part of it
X. C. X Db thereat of them understand it?
8ir N. X He told it in French to the others.
X. C. X Let Mr. Hobbs have the buUela
again when the jury have seen them.
Then Mr. White was sworn.
Sir Fra, Winn. Now we wiU ask the Coroner
a question or two. Pray will you acquaint
my lord, what you know of this murder of Mr.
Thynn.
White. On the 13th of February, in tha
afternoon, I sat upon the body of Tlionias
Thynn, esq. and I tound he had four holes on
his right-side, behind his short-ribs, and they
seemed to be like holes made with buHetSb
And ^g^^^ order to o|)en the body .
X. C. X And there the bullets were found ?
White. There the surgeon found them*
X. C. J. Were you bv ?
White. I was at the taking them out.
X. C. J. 'Tis fit that the Polander should
have one to interpret what is said against him.
Mr. Wiliiams. Captain Vratz, you hear what
is said, and understand it.
Interpreter, He says he does understand it%
Mr. WiUianu. Fray tell the Polander wha&
19 said. That is, tlie two first initnessea say,
three persons^ assaulted the coach, and one
shot into the coach, dnd by that meanF. Mr.
Thynn was killed, by the shot out of the blun-
derouss : And the surgeon does say, that these
four bullets Here found in his body. [Then it
was interpretfid to the Polander.
Interpreter. He says, my lord, he cannot
tell hov^ many i>iiUets were in, he did not
cbai'ge it Ininsetf, but be tired it, he says.
Hir !></. Winn. Wo confesses he tiret) t^ien.
Sir W. Roberts. My lord, the jury desire to
know if the Pole can tell who did charge it?
X. C. X Ask him who charged it.
Interpreter. He can tell, my lord^ he says.
L. C. X It will not be very (naterial that, for
his evidence can charge no body but himself.
Sir Fra. Winn. Now, my lord, if you please
we will call those peiwjns, the justices of the
peace that examined these men upon their ap-
prehension, fur the murder of Mr. Thynn.
p
Bridgman, Yes, I was. And these were the
eaamiBBtioiM that were taken.
Sir Fra. Winn. Wei'e you by all the while f
Bfidgman, ^r i.ohn Reresl^ and I did take
these examinations *. And I will read then if
|F«u please.
L. C. J. As to that, let it alone, if you please.
Mr. firidgaian, when the Poknder was exa-
Mined ooaoernini^this murder, what did hesay f
Bridgman. He owned it, to the best of m^
remembntfioe ; hut i refer la theexaooination if
L. C. J, Look upon it to refresh your me-
mory, Sir, and then tell us.
. Mr. WUliama, Looklhst what the Polftilder
•aid, and then we wfll go on to ethers.
Sir Fra. Winn. Now, Sir, will you pAease to
acquaint my lord and the jury what he or any
of them confessed of the fact.
Z. C. J. What the Polander oesfessed first.
Bridgman. The Foiander, «pon his examifia-
tiaa befiire air John Reraebv and <ne, did wm.
that he came into England at the desire of
iMunt Cooinffsmark.
* L. C J. Speak only as to himself ; f«r it is
svidcaeeonly against nimself.
9it Fra. Winn. My lord, his eoafession is
matAte, and we oanH separate it.
L. C. J. But we tnuat Arect what is ^mt
and fitting. His evidence can ehar^ no body
but himself; and that is the reason t wonJd not
hare his examination rea^ ; for it cannot be
read but only against himselT.
Mr. Bridgman. Upon his «xaminatioB he
oonfsssed, that he was pcesei^t when the oafi-
tainetapped the oeach ; that he fined the saus-
2uetoon ky the captain's order ; and that before
e did it, the captain bid him, asssOTi as ever
Im had stopped the coach, to fire.
. «ir Fra, Winn. IMd he confess he did fire P
Bridgman. Yes, he did.
X. C. J. North. As he does now.
L. C. J. Look you, now do yon isH the Po-
iander, that the evidence against him is, «hat he
ilid fire this musi^ueloon, or UundeiiHiss, or
what you will call it.
inierpreier. He d^es confess it.
" . ' ■ ■ — • — ■. ■ III..-
* ** These Examinations are i&sevtad attfaesnd
of this trial, the chief justieei out of Ikroor to I
4M>ant Cooiugsmark, not perraittinff them to be
read in court, as he ought to have done ; fivr the '
examinations are indeed no eridi^nce against
Aoy butiheexaminant, yet are they not to be
suppressed beoanae nanaing otbeis, but onght ,
nevertbeles to be read, thougli witli the
fifiiMsaid cantioa to he given to the jury, ether-
^^e the most material evidence might be quite
Mgleeted, since ail eonfiwriaas niiist be taken
ffflcre* or not at aU.'' KoteJA imam sditiMi. I
n] STA1£ TRUI^, 34 C1IMI.BS IL 1 68fi^«Mi/<^ C^mt CmumgMsrk [24
VOali Mr. fiindgmidi md eir John JhM*y. L. €./. 3M4iviWhatiMr,tfiat4his «ri-
[Who were sworn standing upon thetendi. j deneeis giw agniit him t That te 4id ^-
Interpreter. My lord, ne says the blander- taeriy wSauomlAge hcdis<^fgedtfag idonfisr
liuss fwas giFon fatm by the eaptain. buss into the coach, when 4»pta9a VniB u^
1 Sir Fra. Winn. Mr. Bric^man, wmfc you ped the coach.
by at the tidnng of the ezaminaftien 4if these Interpreter, Yes, my lord, he says it is
trae, he fired aoeonKng to his order.
Sir Fra. Winn. Pray, Sir, ooDsider "whak
was confessed by the captain.
Bridgman. He confessed he had a 4ls8igii to
fight with Mr. Thymi, and Mr. "VlbYciB tering
several timesrefuaed to figli* with ikta^hie ve-
solved to«hHgehim to -fight (by dbroe, and
therefiire he had taken these fensoas^ilaog-widi
him ; that if he should fail in his jreyenge, «r
after the thing done he shevld be pursmad, 4m
might make bis jesoape. He^saodesBed ibe-was
there, and slopped the coach, hat the JM^aiaii
fired by mistake ; for he did not bid him Ana,
but only in case he should he Jnodered fiom
figfatiflg or aaaking his esoope.
jL. C. J. He confessed iie osme to fight Mr.
ThnwP
Bridgman. Yes, lie did so.
L.C.J. Andthct he stopped the coaehf
Bridgman. Yes.
Sir /rs. Wkm. You said lAtfAediaogwas
done, what was that thing P
Bridgman. After he had faaght, in 4Mse he
should be stopped in his escape, be^Hd iiie P<^
laM^ttT fi rB
fik Fn^ mnn. Did he confess any tiriiif ef
the delivery of the gun to him P
Bridgman. HeoonfVMSod'the IV>la«dcr had
die gu.i, but he said nothing firem iwlioaB lie
faadk.
JC. C. J. Now captain Vratz, yo^ bev wihat
is said against you by this gentleman ; that you
owned yau came Ihithsr with a design to fig-ht
Mr. Thy on, and foroe hiss to fight if hesbooid
not be wiUing ; and you bsought these ■son
with you to carry yon off', in ease you eh«uld
kill ium ; that 310U didstop the osach, «Bd you
said you did not give him ordei' tofire«Blee6 he
refused to fight yon.
Bridgman . N o, unless he cohU not make km
escape.
L. C. J. Kow what say you to this ?
Ahr N. JisbsuDn. He wires to uoderstBBd it.
L. C. J. Whv then speak itto him, yaii that
arc rhe uatforpaaer P
[Then Mr. Craven interpreted it ta bin in
French.]
L. C. J. Now speak aloud, and tell iis «fbat
he says. '
Mr. Crtum. He says it is very true, that he
was there, and bad that gentleman and the l*o>
lander along with him as his servants, Mr.
Tbynn being a gentleaaan fiiat had always a
gi eat many servants about Iiim. And be s^,
mv lord, that be had received an affioiit feom
Mr. Th^nn; upon that, be dialleaged him,
and sent letters oat at' lioMand ts desire hbn
to give satisfectioB by fighting, but cwdd have
no satisfaction ; and therefore because in M^aig-
landHu«>lswerel(Hhii',hetbs«gfat to aaabe a
renesnoler ai st, aad 4^ these fsutlsnea
3
H] ffoant^muMA,
kktt, tiiat tf«o lie Mr. i^jnn's
«h«aMtt9««tthiiiii, «rkn9eklte jm
li, «r hinder Irim liW caoapiBg', 1b«t
fc, that yott iwmi«[ aAfem one ^wertiOD, imd
Atttis, WlwtilieafitMit^vM ^MtMr. Tbyim
fVPehiiiiP
X. C J. That he apprehends be g«^e him ?
f1%e laterpretoriKked hin.^
Mr. Crtnem. Myior<l,4iefn^8, tfaattttHNfh-
VMnid he heard be ^Mkeand gmye out very til
^fygc of count GomngSHiaifc, kHio was. hi3
fiiew), and a nan he had many obh^tieiis to,
aad ao of hmeelf too, and he woold never ac-
^oaiot count Coiuiigsmark with it, but would
hare satisfaetioB, and take Ihe quarrel apon .
hinadf,lieta|^ a mrtleniaD ; he says, that he
heard that he called him Heetor, and fjave widi
ai kngoaflre as was never to be eoffered.
Sr N.Jokmim. And the ^hion in Germany
ia, if Aey wwa't^^ to shoot Aein.
*ir Fra. Winn. How can you tefl that, Sir ?
the mierpreter <bat asked me question says no
such thin^.
L.€7j. Pray wiHyouaskhimthis, whether
ever he saw Mr. Tbynn, and bow many times ?
Mr. Craven, fie si^s he. has aeen'him «e-
vsnrf Imes in the f^^house, and ndin^ in his
coach ; he did not see hhn at Riehmood, for if
he had, he woold not have put it op so lon^.
Mr. Williams. I believe be never spc^e to
fain in his life.
X. C. J. Ask him that question^ whether he
ever spoke to bi^A?
Mr. Crtseen. He says he had no fiiend to
«wd to Mr. Thynn, and he eo«dd not speidc
with Mr. Thynn himself; for Mr. Tbynn
fsight think Aat he-wM not a gentleman good
caongh to fight with him.
L. C, J. Ask him this, aboot what time he
saw him at the piay-house.
Mr. CrowCTi. He says be does not remem-
ber exactly the time when he did see him at
<he plMr-hoose.
L. C. J. Ask him vi4iefher this affront that
4e pieteuds, was given skiee be last came over
ar when be was in England before P
ifr. Crttcen. He says it is eight months ago
since he neoeiTed the affhmt.
L. C. J. That was before he went out 6f
^laod?
Mr. Craven, Yes, it was before.
8Br.PVv.lFmn. HesayshewritioMr. Thjnn
'Sutof H<^nd ; we desire to know, by. ivbom
be sat his challenge ?
L. C. J. Ask him if he sent a challenge to
Mr. Thyrai and bv whom ?
Mr. Craven. He says he could send no less
tinD a genllemaii ; and he had never a gen-
deman to send by, and so he Rent his letter by
the post.
Mr. Wiltiams, Mr. Brid!^mfm„ now we
vimid ask you concerning l^lr. Stern, the third
BrUgman. I/et me have the examinyljon,
ntf I «nll KnA upon it and teU you.
MEc WUlimi. »Riy,do,6ir,^41«s«rfaitW
said?
Mr. J3ri^||man. Upon hi^ eooimiaaliaa he
oonfased, that the eaptmn tcdd him he had «
quamel wnAk a geodenaa, aad tbitif he mmAi
assist him in it, he would make his fartnac.
And that the «aptaiB gave himoaoneyto buy
the blunderbuss.
9k Fra. Winn, ikmok did omfass that, did
he P Bridgman. Yes.
JLC.J. Did he oonjaas he was atlfaelhstf
Bridgnmn. Yes,hecoafiBBaedhe wasattho
fact ; and he said when he oame beyond Cfaa-
liae Gross, he was about ten yards before^
andPhe heard tbe captain say , stop, to Oie cmi^
upon which be tamed aoaut, and pme^rily
saw llie shot made, a&dhe saw the otherper-
sons ndeaiway, and he made away after them :
andlbe captain further told him, that he would
iriae :t«« or tbve, or £B«r hundred crowns, to
il«da man that would lotll Mr. Thymi.
Sir Fra. Wmn. What 4lid he qieak abevt
stabbing, er about an Italian ?
BridgmtM. He said tbatihe eaptaia dashed
him to Mt an ItaUai^ that wojU atob a man,
and 4hathe ««mU get two paniaris for that pur-
pose ; and that it was before the Polonianoame
over.
X. C /. This is DO evidanae againat the
captain ; but pray nfiUyanteM Stem the heutea*
ant wdiat it is that Mr. iDridgman does testify
against him ; that he ackaowladged thus and
fhus before him. And pray i^ieak it again, Mr.
Bridgman.
Eridmmn. Tbe4iaptain told Aatgoatiemaa,
that he had a quairel with a gantleman, with
whom he was resolyed to fight ; that he wasted
a goodaeirvant, and if be would asskt him. be
would make faia fortune ; that he gave bim
money to,buv the- musqnetoan, and owned he
was there ; that he went out with the captain
and Folander on honebaok, afamit fiva «r sia
o'eledc on Bmiday ; that ihey went towards
Charing^ross, and when they were gone
beyond Charin^-eross into the Pall-MaH, he
heard the captam say to the coachman, stop- :
and turning immediately, he saw the shot go
off; and that theyridmg away, he followed
them ; and that before tbe Pdander came aver
the captain desifadhim to get an Italian to atah
a man.
[Then that was indcrpveted to iitem.]
Mr. Craven. My lord, he denies Ihat i|e
spohe any thing of tour hundred poo&ds, #r
alMHittbe Italian.
L. C. J. Tel) bim it is testified, that be csn-
iessed ho was at tlie shooting of this gentleman.
Mr. Craven. He says l»e was there, and
brin^ about ten yardi o(F, he heard one aay
Hold, to the coach, but he cannot say it was
the captain.
8ir Fra. Whfin. But was he tbei'e ?
Mr. Craven. Yes, he say s he was.
8ir Fr«. Winn. Who caused hioi to be there T
L. C.J. Ask him upon what occasion he was
there?
Mr. Craven, He says tbe capiaia entfeatid
t7] STATE TB I ALS, U tnknhn If. . 1 68t.-*7Wir/ of (^mt Ccningmaark [tt
bim to be thereto be bb second, to figbt with
a gentleman, aud that was the reason*
L. C. J. Pray tell him it is testified here,
that he bought the musqaetoon and charged it.
Mr. Craven. He says, he did assist at the
loading of it, he was by.
Sir Fra, Winn. Pray, ray lord, let lis know
who it was asdsted him ?
X. C. J. Why, that is no evidence against
any body.
Sir Fra. Winn, But, my lorfl, it was deli-
vered to the Polander charged, and we desire
to know who loaded it r
L, C. J. North. That is no evidence ; but
yet the question may be asked, and then the
jury may be told it is no evidence.
JL. C. /. But We must not let the jury be
possessed by that which is not evidence.
jL C. J. North. Pray will yon ask him,
Mr^ Craven, who helped him to load the gun ?
Mr. Craven. The captain was by, he 2a;*s,
and the captain and he did it together.
Sir Fra. Winn. Now we wiUask Sir John
Reresby the same questions : you were by, Sir,
at. the examinations of these three men, |>ray
what did the Polander say uponhb examina-
tion?
Sir John Rere$by» My *lord, I cannot charge
my memory wijtfi the particulars ; but if your
lordship pleases, I will read it
X. C. J. No, refircish your memory with it,
and then tell us the aobstance of it
Sir JoAji Rere^jf. In general, he did confess
to me, thai he was the person that did discharge
the blunderbuss into Mr. Thynn's coach, and
that he was commanded so to do by captain
Vrata.
L, C. J. That is the substance of all.
Sir Fra. Winn. That is as to him ; but what
did Captain Vratz say P
L. C. J, He said mat he did go out with an
intention to fight with Mr. Thynn, and did take
these persons with him ; that he did not order
the Polander to discharge, but he mistook
lum when he bid the coachman stand, the
other apprehended he bid him shoot, and he
did so.
Mr. William. What said Stem?
Sir J. Reresby. Stem did say this, that the
4Mtain told him he had a quarrel with an £ng-
. lisn gentleman, and desired him to go along
with nim and assist him in it, and be his se-
^nd ; but, said he, 1 was chieHy carried out
#0 keqM^flr the people, in case there should be a
croud about them when they were fighting ;
llus is the chief part of what tliey did confess.
X. C.J. We would not trouble you with
more tlian is material. Did he acknowleilge
lie was there at the time when he was shot ?
Sir X Rere$bjf, Yes, he did, about nine or
ten yards off, 1 think.
L,C.J. iJl three confessed they were there?
Sir X Rtn$by. Yes, they did so.
JL C. J. (North.) Tbev had a design of
Uliiig, which was unlawful.
Ba X Rere$by. They said they cameonpnr-
piVtto fight
Sir Fra. Winm. CaU Mkbael FenidcratoD*
M^ lord, we would willingly spare your time*
and offer only what is proper m tliis case, and
now we shall produce our evidence against the
Count, and if any thing fall out ia that evi-
dence that touches these tlu*eeinen (which wt
think will be but the killiug of dead mitu} yovir
lordship will take notice of it. Now wc shall
not go to open the heads of our evidence
against the connt Sir Francis Withens baa
given an account of the general, and our wit-
nesses'wiU best declare it
Mr. Williams. We will begin with Frederick
Hanson. [Who was sworn aud stood up.]
Uow long have you known count Conioga-
mark ?
Hanson. A matter of four years.
Mr. Williams. Pray do you remember his last
ooming into England ?
Hanson. Yes, my lord, I do remember it.
Mr. Williams, Then let ns know the time ?
Hanson. I think it is above a montli since.
Mr. Williams. Where ^vas his lodging first f
Hanson. The first time 1 saw hiai was in tba
Post-bouse.
Mr. Williams. Did he come privately or pub-
licly ?
Hanson. Privately, to my best knowled^.
Mr. Williams. W hich ^ras his first lodging f
Hanson. In the Hay-Market
Mr. Williams. Where there ?
Hanson. At the comer house.
Mr. Williams. How long did he oontinue
there?
Ifaiuon. A matter of a week.
Mr. Williams, Pray in all that time did he
keep privately at. home, or did he go abroa4
sometimes?
Hanson. 1 believe he kept his chamber all
the time.
Mr. Williams. Were you with him at any
time there ? — Hanson. Yes, 1 was.
Air. Williams. What company did use t6 be
with liim to your knowledge ?
Hanson. To my knowledge I have seen Dr.
Frederick in his company.
Mr. Williams. One Dr. Frederick, you say,
who else ?
Hanson. When I came from Whitehall on a
Sunday in the evenintf, when my lord was
going to bed, I called, if I could be admitted to
see him, so I went in to him, and a liule alter
the doctor came.
Sir Fr. Winn. Pray, Sir, at that time thathe
was in that lodging, did he wear his own haic^
or was he in a msguise ?
Hanson. That Sunday night he was in his
night -cap and night-gown, ready to go to bed.
Mr. Williams. When j^ou first came to him
to the Post-house, did you go of your own
accord, or were you sent for r
Hanson. Count Coningsmark sent Ibrme^
Mr. WilliasHs. Was it sent in his own name^
or in the name of anotlier?
Hanson. It was in a strange mane, Carlo
Cusk.
Mr. William. Have yoo the note by yonf
JTcMKm. No.
Mr. WiUiams. hk ^vhose cbanicter was it
vrit?
Hantm. In thje t»nnt*s own character.
Sir FV". Winn. What was, his name in his
fee lotlgia^ ? What title was he called by,
captaiii, or what?
Hanson. I know of no other name but only
291 STATE TRIALS, 34 Charcbb I!. l6^%.^tknd<fiher§Jw Murder. [SO-
]rou are a man of onderstanding', did yoa
frequently see captain Vratz in his company f
Mow often do you remember you saw him at
his lod^ng ?
Hanson, I do not remember that I saw
captain Vratz at that lodgings above one single
time.
BIr. WUlittfM. Pray, Sir, thus : Did captain
Vratz come with the count into England thia
last time ?
Hanson. To my best remembrance he did.
Mr. Williams, You say captain Vratz came
with the count to England.
Hanson. I belief e he was before the count,
but not long before : I cannot exactly tell.
Mr. Williams, How long bei'oretne count?
Hanson. Truty 1 cannot tell, bot I beliere
not long.
Mr. Williams, What makes yon think he
came into England with him f
Ha/ison, Because I saw hini in oompsny
with the count, as soon as I saw the connt.
Mr. Williams. Were they in oompeny at
the*po8t-faouse ?'^Hanson» Yes.
Nir Fr. Win, And you saw him eiwe at Ini
firht lodging l*—£ran«on. Yes-
Mr. WilTiafns. Ptay, Sir, haTe you carried
an^ message from the count to the Swedish
resident ?
Hanson. My lord, I can say tliis upon my
oath, to my best remembrance, count Coning»*
mark nerer charged me, or gave me any ])osi<'
tive order to go to the Swedif^h envoy, but ho
diti name the Swedish envoy to me, as if he
were willing to know his advice; and so f
being obliged to pay my respect to the Swedish
envoy, who had treated the young count and
myself very civilly before ; and so paying raj
respects to the said envoy, I did remember the
conversati* n I had with the count, and spoke
with the said envoy about this business, and
that is all that I can say.
Sir Fr. Win, What was that message ?
Hanson. I say there was no direct message :
But I say this was the business : count Uo«
ningsmarlc told me in prirate fiimiliar dis-
course, that he had lieard that esquire
Tbynn had spoken some abusive langfoaffn
of him, and he would tain know what uo
consequence of this would be if he eboold '
call him to account about this business ? And
he named the Swedish envoy to me: And
I saw his desire was to know his opinion
about the busiuess, what the oanseqnence of it
would be. So 1 spoke to the Swedish enyoy^
and he g*ave roe this answer. That if the Obnnt
should any way meddle with esqnire Thynn
he would have but a bad living in England (^
bitt what the law wonld say in that partieular
case he could not answer, but he would en*
quire, and atterwards would give me an ac*
count : but I never spake with him after.
Sir Fr, Win, I ask you, beoause you haro
bceu formerly examined in another pifoe,
about this matter ; do you remember anything
that ever yon heard the count ipeekilig w
fighting with Mr. Thy no ?
Sir Fr. Winn, Was it known to any person
in die family ? -^Hanson. No.
Mr. Willunns. When did he remove from
tiience ? — Hanson . I know not.
Sb" Fr. Winn. Yon say the first place of his
M^Dg was in the Hay- market, where did yon
wee him the second time ?
HcuMon. At a corueriiouse, I know not the
ttune of the street.
Sir Fr. Wiihens, Did he direct you to come
tohim?
'SUt. Wiiliams. Had you any discourse with
him, what his business was here in England ?
Hanson. I asked liim, if we should have his
fompany here some time ? He told me he was
l^»me over about some business, and was after-
wards togo into France.
Mr. Williams. Then he never told you what
^mt badness was ? — Hanson. No.
Mr. Williams. ^Vhere was his second lodg-
(pg, do you say?
Hanson. It was at a comer house^ not above
two streets. oflTfttMn the former.
Mr. Williams. How long did he continue in
his second lodging ?
Hanson. A tew days, because the clumney
lid so smoke, that he could have no fh-e made
IP It.
Sir Fr. Winn. Then I ask you in his se-
eeod lodging, was he tlierc publicly or pri-
Tstdyf
Hanson. He was there afler the same man-
ner that he was in his first lodging.
Mr. Wiliiams. Whither went he afterwards?
Hanson. Tb St. Martin's-lane, I think it Is
foHed.
Mr. WUliams. How long did he continue
there?
Htnson. There I saw him the last time be-
fore he went away.
Mr. WiUinms. *When was that ?
Hanson. It was Sunday evening, after I
oame from Whitehall.
Mr. Williams. Was it near the time of kill-
kig Mr. Thynn?
Hanson. It was about two or three hours
afterwards.
Mr. Williams. Was he as private there as he
was in his otlier lodgings ? — Hanson, Yes.
Mr. Williams. What company came to him
fliidier?^
Hanson. The same that came to him in the
idler.
Sr^r. Win. Who were they?
Hanson. The doctor was in his company.
fkeFr. Win, And who else?
Hanson. I saw one captain Vratz there.
Sr Fr, Win* Sir, I ask you upon your oath,
Haiwm, CooBt CoBiagmlark spoke to hm
in the Germki luDffuage ; I spoke to the
SSwedish agent in French ; and when I was
before the King and council I spoke in English;
tfierelbre I desire no eril construction may be
nade of it. I cannot remember tiie count
spake of killing or duelling. On the contrary
i oan swear for count ComngsuMurk this, That
1 am confident he never told me that he had
resolved or would fight with Mr. Thynn or
wonid eall him to aeooant, bat if he should eall
kim to aooouttt, what would be the ooaavquence
of it.
Sir Fr. Wm. Call him to aeeovmt abe«it what ?
Hanstm. The count in faniliar diseoufse
ivith Hie, did teB me, that he had heard esquire
Tfa^n had spoke abnsiveW o^kim.
Sir Fr. Win, How had he spoken abushelfjv
•fhim?
Hanson. He veieeted npa» hi» pereaB aad
aywi bis hevse;
ftfp. Wiiiiunm. Was there mv thine m that
Message about marrying my lady Ogb?
Safuon^ That was the last part «i' the qiie^^
iNbv '^^^ if ^ should meddle witlr eiX|«re
Thynn, what ths eoneemeBJce mif^ be, if
ttie hrwa wi Englanif wouM be contmy to him
m the hopes or pfetensions be might faanre to
my lad V Ogle.
tfr. WiUiams. Yon mince your words migh-
ty 'y, pray femember yewjelf; Did be speak
of kilfing Mr. ihvnn, or thati Mr. Tkymi
jtbovdd her destroyed ?
Hamon, No, biff phrase was, if he should
hare wm aidnmtage ef hhii^ wheof he shonU
meddle wiin bimy or eaJl bimf to aa aoee«i%
trhattbercoMB^paeaceKriiifatbe; I eilwsay this
mp^tk niT eoasjif ce.
Sir JV. Win, Sh*, yeit are in & place wheie
y«« ai» swvna to spede the truth, the who^
trath, and nelking b«t the truth: Whait
relation have you to eotaat CooiDirsmaNrk's
fiuDily P
Hmtmn. I have m> voiatioB to iSk% ftftnily
•tall.
IKrJV. Win, iore ttat ysu giwefst t»the
ymag c4wit?
HssKm. Thecooatssa has gitcn me her
ymmgvff son^ fcr me to be Ms earapoiiion in'his
1 682.^7VM 0f CmM Omtngmntk [Sd
L. C. J. Pray, Sir, thus : what ivaa the dis-
course, as near as yo« can remember it, be-
tween count Coningsmark and you, relatitt|(
to Mr. Thyrni.
L, C. J. North. Tell the whole, Sir, ihr you
are bound to tell the whole iodifferently.
Sir Fra. Winn. And pray rememlier what
you swore in another place.
Hanson. The count sent to me a note, that-
he hod » mind to speak with me, and be oi-
tertained me with a familiar discosurse about
his tiavetting, and about the settling- of his bu-
siness, and thereupon he fell upon other dis*
course about iVIr. Thynn, and, not o> mistake,
havipgr had time i» my own ehembery I have
put it down in writings to satisfy my toed and
all thie honourable OmrU what 1 can sav a
thie honourable Omrt^
this matter.
say about
Sir Fr. Win. Sir, I ask you aplain ysestbm,
1st it lieat yoinr own deor, i# yam will not tdl
the trutk; hmt yoa any conversation witli
Cemgsnark. irhei^in he did desire you
advice ef the SwedlBb envoy or resident
abont dnellinr Mr. Thynn, or in case
ha should kiU Mr. Thyno, or upon any such
Jimssn. Ify lord, I say this was s{ioken in
Mveral hmgwafss, b^ the Count in Ehttoh, by
myself to tne envoy m French ; and I do know
I swore bclbre the king and council, but I
camiot hnr thin to cevnt Coningmiark's charge,
ler then l nsust forswear myself.
WurFra. Winn. Sir, yea ca» answer nse all
mj fsslms ia Eng&b, tf7oa pit
mdiacoarsevFas.
[OTr. Hans'on reads 'Tis very hnrd to
give a true sfbcount]
L. €. J. Read it to yourself if yoa will,
aad toil as- the substance.
Uamm^ If my worde may net l^um to tha
orejadioe of my lord count (Coningsmark v
but this is the substance of the thin^ . - My
lord coniit Coningsmark did teU me m a fh-
miliar discouvse, that e8i|«ire Thynn bad spokea
soma reflsetiny words upon him ; he did de-
sire to know if he did call him to aooounty
whether in this ease the laws of England might
not go contrary to hw design , in uis preten-^
sions tlmt he mifgbt have upon my ktdy Ogle.
And in tliat familiar discourse, he sccBfied to
think that monsieur liienburgh could give him
advice. In a Httle while afterwsurdSft I ^vaa
paying my respects to the enroy, and reflect-
ing upon' the Count^s conrersation, I spoke
to him aboat this business^ aad his answer wan
this ; he told me, that if be should meddle
^vith Mr. Thynay he would have no good
living^ in England : but as to the particular
^Mestion^ what the eeijne<|^ence mk' the hiw
miaiit be, he did aol; know, but would enquire
and tell me ; but 1 never udced him any ques*
tton about it aHerwards. And if my conver-
sation with tliis count, or with monsieur Lien-
bargh, sheuld turn to the count's prejudice I
should be answerable for it to God aad my
own conscience, all the days of my life. I
desiee Mr. Thynn's bkiod might be revenged,
but I desire also that innoceat Mood may bt
spared.
Sir Fra. Winn. Pr^y, Sir, will yoa look
upon that paper ; you signe«i it.
L. C. J. North. Only to recollect your m^
mory.
[Then he was shewed his Examination be-
fore the council.]
L, C. J. Now you have read it over ; that
there is under your own hand ? Do you near
again dehver the Sabetance of your disoourse
you had with count Coningsmark, aa you will
stand by it.
Hmnwn, Isne thai them are eSpveaNnoi ia
tkia paper.
n] STATE TRIALS, 34 Ch ari^ea II. l^^^-^-^md Merit/or iffttrAr. [H
Ih C* J. Speak not wb«t is io tliat paper,
loft vhat discourse (as near as you cap) you
liad wteh ooont Coniagwnark.
Hansom. My discourse with count Cp-
Biotgaoiark was this : in a familiar discourse
SBwngst other ihinss, be spoke, tliat he heard
cs||iace Thyan had affronted him, I do not
Jmowupon what sulject, but I believe it T^as
9aidB reflectinif upon him and his horse ; he
&I not tell me that he denred me to go, nor
Hd he give me any posttive charge to go to
die Swedish eoYoy, but by the discourse 1
bad with hina, I did understand that he was
desiioQS to have his advice ; I thought bis in-
cfiastioaa were, that I should go and ask his
advke ; I did not go on purpose to do the
OKsag^^ nor dill I receive any order tnat can
W called a message, in my life, to my remem-
bnnoe ; but when I came to pay my respects
ma ftinihar discourse, I did propose this to the
cavoy ; what might be the consequence, if the
oofuit should call Mr. Thynn to account ;
and he told me the same answer that 1 have
already told you. Now this I desire only to
ooosider, that it was spoken in divers lan-^
guagca ; and if a man should write down my
expressioiBS now, as they came from me, they
WMld upon reading, perhaps, appear not so
well ; so if these expressions of mine should
tea to isount Coningsmark's prejudice, as that
I ^oukl swear that this phrase of killing or
diielliii|[^ was used, or that ever qount Conings-
marictoU me that he resolved to call, or tnat
be would caO him to an account, I miffht do
bim wrong, perhaps ; but if he should call
bim to aooount, what might be the conse-
ipieoGe of it.
Sr Fro, Win. I would not entangle you,
bol only I would seek after the truth. I do
B0t ask yon positively, whether he did bid you
n» to aak advice of the Swedish envoy, that
he did resolve so and so ; but did he discourse
it thus, if he should duel him, or fight him P
Jioiuoit. As I am before God Almighty, I
caniiot ny I heard such csxpressions.
Mr. WiUiamg. Pray, Sir, you confess you
aojoaiiiled the envoy with it t — Hanson. Yes.
Mr. WUlians. Did you bring the Envoy's
iwer to the gentleman, or no ?
Hamaon. If 1 should be upon the gospel, I
I sore I caimot exactly tell what was the ex-
L. C. Baron, What was it that you dis-
ttiafld be doubted, if he did csdl Mr. Tbyon
to account ?
Sr Fro, Winn, He spoke in rdation to a
naunage, pray what was it?
Jir.Wittimm, What did that if relate to ?
Hatuon, If he should ask him satisfaction
flboot ii, havioff heard that he had spoken abu-
VFeworda of nim.
Sr Fra. Win, What then was to follow ?
floBSoii. If he should call him to account
An hgqrr the burs of Eaglaad might do in
Ikiipoiiit;.
Mr. WUUam, To whom ?
BoMttm. Totbeoowit.
TOU IX.
Mr. miiiam. What should be^ him P
Hanson, Whether the law should be coin-^
trary to him in the design and proposals he
might have concerning the young count^a#
of Ogle.
Mr. Williams. Well, I see you will give n#
reasonable answer to that ; but now when
came the Polander over into Eoj^laod ?
Hunton. I cannot say positively I can tell
when he came.
Mr. Williams, But when did you see him
first?
Hanson. Upon the Friday he came and
asked me for the count at M. Faubert's acar
demy. Now the young count Coningsmark's -
chamber and mine joins together, next to one
another, and there came a inau with him, I do
not know his name, but if I see the man I
know hiin.
Mr. Williams, You say the Polander came
over on Friday.*
Hanson. He came to me on Friday.
Mr. Williams. And he came to yon to the
French academy , to enquire for count Coningsr
mark ? — Hanson, Yes, he did so.
Mr. Williams, Had he any letters P
Hanson. Yes, he had two letters.
Mr. Williams, From whom, and to whom P
Hanson. I asked him if he had any lettef
for count Coningsmark, andhesaid no; bui
he told me he had two letters, and the oi^e waft
to the count's secretary, and the oth^r was t^
the count's steward in London. So \ gave
him back lus letters, and asked him wben^he
came ? He told me he waf just come mtf
England. I asked him whether he had bfpil
a great while at sea ? And he told me yea (
and that it was stormy, and he had like tf
have been cast away : said I, I hear you vt
expected, therefore nave you paid your lodgr
ing? No, said he; theu, said I, go and jip
your lodging, and come to me in me mornisiy
early.
Sur Fra. Winn. You say you heard he W911
expected, pra\' who expected him P
Hanson, The count; for he had.spokaa
formerly twice of the Polander, and in Iha-
great storm thought he had been drowned.
To the best of my remembrance, I have heanl
the count speak twice of this Polander.
Sir Fra. Winn. Of this man P
Hanson. I suppose it is the same-
Sir Fra, Winn. You say you saw him 09
Friday ? — Hanson. Yes, I did.
Mr. Williams. When did he ?peak of th4
stormy weather, and that he was afraid the-^
Polander mi^t miscarry ?
Hanson. About 12 or 13 days before.
Mr. Williams. Now say as near as }'ou can
what the count said.
Hanson. He said the Polander was a mighty
able man, and understood horses ; and the
count had a mind to buy English horses, and
intended to havehfid this Polander as a groom,
to dress them after the Geiman way, and no
man was abler than the Polander to do it ; an^
when he spoke of it, I went once to tho
D
..*.^
85] STATE TRIALS, 34 Ch aeles 11. l682.— Tria/ of C&unt ConingMtark [i&
'Change, ancT enquired whether tlie ship was
lost?
Sir Fra. Winv. By whose direction did you
gato enquire whether the ship was lost ?
Hanson, I had no direction, but only count
Gopiogsmark's speaking about it.
- Sir Fra, Winn. He seemed to be concerned
at it, did he?
Hanson.. Yes, he was afraid that the Po-
lander would be drowned.
Mr. Williams, You say you directed him to
clear his quarters? — Hanson. Yes, I did so.
Mr. Williams. Did you see him again the
Bext day ?
Hanson. Yes, he came the next day.
Mr. Williams. Was he the next day in com-
|>any with the count, or no ?
Hanson. I brought him to the count.
Sir Fra. Winn. Where ?
Hanson. It was a little before noon ; because
I went the back-way, and left him at the
Cpunt's lodging. ,
Mr. Wiili.^ms. Did you leave him with the
count? — Hanson. Yes, I did.
Mr. Williams. Pray as long as you were
there, what passed between the count and the
Polnnder ?
Hanson. I remember very well what passed
between the count and biro, for I have thought
of it. He spoke to him, and called him Thou,
«a to his servant, and asked him where he had
l>een all the while ? And he answered, he had
been at sea, and tossed up and down.
' Sir Fra. Withens, Pray ^vhat directions had
|rougiven about a sword for that Polander ?
Hanson. I went to the count's lodffings, and
being desired by htm to stay, I desired he would
exdttse mt*, for I could not stay, because I
was to g-o aboiit -another business ; he told me
the teltow was all naked, and he had no man to
■eiid to buy him a riding coat ; I told him I
wonkl very willingly and heartHy do it. And
after I had dined 1 went to an house near the
fiay -Market, and bought a riding- coat, and
brought thelidinff-coat to the count's lodg-
ings. I dehvered it to the count. Then the
count told me bis man had never ' a sword,
and I asked him how much his lordship
weukl please to bestow on a sword, he
told me a matter of tOs. or thereabouts ; 1 told
him I did not know where I should get such
/a swonl, nor how to send for it, because I was
to meet his brother ; but I mthal said, it is no
matter for /that, I viW take care you shall
. have it this erenuig ; I went intoSt. Martin's-
Lane, but could not find ever a sword worth a
groat. Then I went as for as Charingr-Cross
to a cutler whom I knew, so 1 told hmi, Sir,
6«|d I, I have a commission to bestow tOs.
upon a sword for a servant, therefore, said I,
I leaTe it to your discretion, use my friend
well, and um;yoiu^elf favourably too. I asked
him when I should have the sword, he told me
• in the eycniog ; I told him I wxratd call for it
when I came from the play, where I was to
be with the comit's brodier. When I came back
with^ the young count Coning^mark (jom the
play, I called for the sword, but hc5 told me
It was not ready. I seemed to be a little
angry, and told him that it was strange, a gen-
tleman could not get a little sword ready for
him in an whole afternoon. Well, Sir, said
he, pray do not be impatient, I will send you
the sword, and afterwards be sent it to the
academy, and I afterwards sent the sword to
count Conin^mnrk's lodgings.
Mr. Williams. Pray had you this direction
for the sword after you had brought the Po-
lander to the count, or before ? " . ^
Hanson. Count Coningsmark did never give
me any direction or charge to buy a sword
for him, but I did offer niy service, if h«
pleased, because he said he had no body to seud.
Mr. Williams. Sir, you do not know tha
question, or you won't apprehend it ; pray,
when had you this direction from the count to
buy this sword ?
Hanson. On Saturday in the afternoon.
Mr. Williams. When was it you brought tht
Polander to the count ? .
Hanson. In the morning.
Sir Fra. Winn. Pray let me ask you' ano-
ther question. When was it you ftrst heard
Mr. l^ynn was killed ?
Hanson. I heard it, I believe, about dght
o'clock in the opening on Sunday.
Sir Fra. Winn. Had you any discourse witb
the count about die murder ?
Hanson. Yos, I had.
Sir Fra. Winn. Pray tell what that dis-
course was?
Hanson. I was at ^Tliitehall till ten of tha
clock, and then I went to the count ; but I de-
sire this may not be taken as an extraordinary
visit, because I used to go to him on Sundays
in the evenings, and those three Sundays be-
fore he was taken, I used to come to nim in
the evening, after I had been to Whitehall.
When I came into his lodgings I found him in
his night-cap, and his ni^ht-gown ; he asked
me wnat news, I told him I could tell him
great news, and that was of the kilhng of
esquire Thynn, who was shot in his coach :
The embassador of Savoy had told me all that
he had heard about it, and I told it him. * After
I had spoken of this business, he asked ma
where hts brother was ; I told him his broths
W9S at the dnke of Richmond's. And after
some discourse I went away.
Sir Fra. Winn. When you told him of tht
murder of Mr. Thynn, did he make no answer,
nor say any thing about it ?
Hanson. He did not make me any answer,
by which I could conclude that oountCooings*
mark ^'as anyway concerned in the business.
Sir Fra. withens. Pray, Sir, I ask you
upon your oath, the count is a man of great
quality himself; when you told him of such an
horrid murder, what did he say nothing about
it?
Hanson, He asked me sereral qoestiont
what the people did say, but I would not moke
any mistake.
Sir Fra. Winn. Tell all he said, Sir, about ill
^n STATE TRIALS, 34 Ch IRtBS 11. lfi83.--*«Mf oiken^fer Murier. [5S
L,C.J, Youtnaj eximioe bun in French,
if you will.
Mr. Wiiliatnt. And I undersUnd none but
Pedlar's Fi-ench.
Sir Fra. Winn. Thetrutii of it is, what your
lordship savs cannot be opposed rcffularl^ ; but
1 do appeal to 3'our lordship, and «U the judges^
and all the court, whether this man does an-
swer like an ingenuous man ; you see he
shifts.
L. C. J, I do not see it, nor do I believe any
see he shifts in any thing you nak, of hira ;
cither he tells vou what the question is, or*the
reason of it ; now far that is a reason, is left
to the jury to consider.
Sir Fra. Winn. Certainly it can do no hurt
to hare an Interpreter.
X. C, J. North. My lord, if there be two
ways to take, 'tis best to take that which will
g^ive satisfaction to all pei'sons; let him be
asked by the interpreter, what qnestioDs th«
counsel would have answered, and then let him
tell his answer in French.
I, C. J. If that be liked better, let it be so,
Mr. Craven, can you tell the substance of the
evidence that this gentleman hath given 1*
Mr. Craven. No, I caunot, his ev idcnce has
been so long, and so many cross questions hav^
been asked.
l%r Fra, Winn. I would spare your time-
HanMm. 1 told him th« greatest news I had
IS, the killing of I^Ir. Thjrnn ; and I told him
who brongbt the news; and I told him the
cMBt were angry at it, that sndi an accident
ahooU -happen ; and I said it was an Italian
trick, not used in Si^land.
Sir Fra. Winn. What said be then ?
. Mr. WUiianu. Pray do yon remember what
he said?
Hanttm. What I have answered now. He
JBade me such qnestMHis upon this story as I
have told yon.
L,C~ X I>et him explain himself: Pray, as
as jou can, relate what discourse you had
count Coningsmark that Sunday night,
yon came to him and told him of the
■wrder.
Sr Fra, Winn, What did he say to yon?
Jlinijoii. I will tell yon, my lorn ; the count
was swpcized as every man would be, to hear
of so snd an accident, and so the count asked
ue what the peonle said, so I told him what I
heard ai Whitehall ; I cannot call to my me-
raocT all the particulars ; but I said the king
was neartily sorry, and all the court, tor so sad
an accident, and 1 must wrong myself, or count
ConiDgamaik, if I should undertake to relate
cxudy what passed, lor I cannot remember it.
Mr. WUliams. But you said iust npw, that
yon told the count it looked like an Italian
tridE, not used in England.
Hanton. Yes, 1 did so.
Mr. WiUiams. What did he reply to that.^
Hamton. Not a word.
Mr. Williams. Did he mention any thing of
ibrtifications to you then ?
Hanson, Yes, he ^ve me a plan, or a
draught of a fortification done with his own
hamC and that was all the discourse.
Mr. WiUiamt. So then he diverted the dis-
sourse to the business of fortification.
X. C. J. The evidence is heard ; what it is
dai he ended all the discourse with, shewing
him a P&per of fortifications.
Sir Fra, Winn, But 'thk he does say, he
asked him what the people did say of it.^
HanMOH, For my lite, I dare not say I re-
member any more than I have told.
L. C, J. Look you. Sir, now will you in
Fkench ddiver this for the benefit of those jury-
men that don't understand. English.
Mr. Williams, We pray, my lord, that our
Interpreter may do it.
L, C, J. Wnen a man can speak both lan-
guages, he needs no Interpreter, he is his own
best interpreter^
Mr, WUliams. My lord, 1 will tell you why
I ask it ; there is a great deal of difference, I
find, where you examine a roan with the hair,
and where you examine him against the hair ;
Where you find it diffiinilt to imdce a man an-
im, you will pump him with questions, and
erosB-mterrogate hun, to sift out the truth :
Boir if you leave this man to the interpretation
«f what he bath said himself, he will make
a fine story of it, and we shall be never the
L. C. J. But this is the way to spend our
time.
Sir Fra, Winn. I know your lordship does
not value time in such a case as this, but you
would have the truth found out.
L. C. J. You must repeat first the discoursjK
you had with count Coningsmark.
Sir Fr. Winn. My lord, we will reduce it to
two or three Questions. Mr. Craven, will you
please to ask nim whaf discourse he had with
count Coningsmark.
Mr. Craven. He savs; the diMSourse he had
with count Coningsmark about the PoLaader,
was, that he came over as a groom to serve him
to look after his horses ; that he had occasion
for several English horses, and English servants
to look after them as grooms ; and among the
rest of his grooms, he intended the Polander
should be one, to dress his horses after the
German wav.
Sir Fr. ifinn. So far he goes as to that.
That the Polander came over to serve the
count.
L. C. J. Look you. Sir, does not he tell you,
the count had a purpose to buy horses here ?
Mr. Craven. He says tliere was a distuHU-so
about biUs of exchange of 7,000 pistoles to buy
horses.
Su" Fr. Winn, Pray then wiU you ask him,
what discourse he had with count Conings-
mark about the death of Mr. Thynn, and what
the consequences in law might be ?
Mr. Craven. My loi-d, he says that the dis-
course with count Coningsmark, concerning the
Swedish agent, was, Tliat in case he should
ask satisfaction of ftfr. Thynn, for the affronts
that he had given him, not understatidtni; the
391 STAtB l^RIALS, 34 Chabi^^ It. ie^i^THd of Ccmd Coningiitktrk [M
Cttflftoms of the nation, if he shonM call him to
aocouqt, what, ur^judice it mi^ht be to him ;
for he did not hear, he says, that count Co-
ningsmark d^gned any thing, or resolred
upon killing him, or any thing of that nature ;
but whether if he should call him to account,
what the laws of Ens^land might be.
Mr. Wilitams. Call John Wright.
Sir N. Johnson. My lord, the count desires
to know if he may be permitted to make his
defence against these witnesses ?
I'. C. J. No, be is not to make his defence
now. But pray tell him, if my lord have a de-
sire to ask any questions of this witness, he
may ask what he pleases.
i. C. J. North. Let the question be put to
the interjirpter, that ^e may know what the
question is before the witness gives^an answer.
Mr. Craven. He asks him, if he has not
seen him oftener in his lodgings undressed than
dressed, and whether he was not to take physic
ftom his ph^'sician ?
Hanson, I do not remember, that in all the
■time I saw count Coningsmark, I saw him
dressed fbnr times in his coat, I cannot say I
remember three times in aU. The first time
when he came, he was in a campaign coat ;
but all the time he was in his lodging, as I re.
member, he was in his night gown and cap.
"As to the other part of his question, whether
I heard that he took physic ? I say this, trhen
I saw count Coningsmark first at his lodging,
when I came to him, on the Sanday evening,
•1 was told the count was in bed ; It^ was late,
but I ventured to go into his room, and sat a
Soarter of an hour there ; and afterwards the
octorcame in. Dr. Frederick, 1 saw him often-
times at his lodging; and at the same time
the young count was sick of an ague ; And
when he came one evening to see the young
count, I asked him what was the distemper the
count had? The doctor answered me, tliat he
had not told any bodv that the count was
sick, or what he was sfckof, but he hoped in
God, in a short time he would be recovered.
Mr. Craven. He asks him if he gave any
positive order,. that he should go of any mes-
sage to the Swedish envoy ?
Hanson. This I have answered before, and I
»y now, if this discourse that I Wad with the
^Swedish envoy, turn to the lordcount Conings-
mark*s prejudice, it would grate upon my con-
science all my life : Count Coningsmark never
gave me any positive order to carry any mes-
sage ; but I did gather, by his discourse, that
the count might be desirous to know the envoy's
opinion about this question ; a!id therefore I
thought, the count desiring it, I would do it to
please him, rather tha n by order. But I do not
know that ever the count had a mind to give
me such an order, but I did it voluntarily.
X. C J. In plain English, did he ever
rertyou to go to the.Sivcdish envoy ?
Hanson. No, my lonl, he never did direct me.
L. C. Bar. How came you to choose a
foreigner or Jknow what the laws of £%bm4
*«ref ^
Hanson. 1 thought it wonU'plaaMtliecmait
to know hisopittiM.
L. C Baron. But how came youlo obmt t
foreu^ner, I ask P
Hant&n, He has been nineteeti ytara bera
in EngUud, and sure he shottkl know.
Mr. Crown. My lord, he asks him if eVcr
he told him that he had a deaig^ to fig^t Mr.
Thynn, or to do him any prejudice, or Mnd hitt
acnalleBgeP,
Heuum. My lord, I am upon my oalfa, aad
this I say, I speak it before God attd the codfftt
count Coningsmark did never tell me that he
had any mind, or did resolve to Call esqmMI
Thynn any ways to account.
Mr. William. Call John Wright. ^Vfh^
stood up and was sworn.]
Sir Fr. Wtfnn. We shall ask turn but a ques-
tion or two, my ^ord . *
Mr. Williams. Pray tell me the time wfaeA
this Polander came into England ; that man
at the bar ?
Wr^ht. He came the tenth day of this
month.
Mr. Williams, Pray what ship did be coma
in ? Where did you first meet with him ?
Wright. Here in town.
Mr. Williams. Where was it ?
Wright. At the Cross-keys in ThrogmoKon-
street.
Mr. Williams. Pray, when you fint saw
him, what d id he ask you ?
Wright. He asked me where count Conings-
mark's lodgings were ? I told him I thought
he was at Oxmrd, I meant the young gentle*
man, for I did not know the other was in town ;
but I went and enquired, and they told me it
was at Faubert's academy.
Mr. Williams, Whither went you with the
Polander then ?
Wright. I went to my lord's knlgings.
Mr. Williams. What lord?
TfV^Af. The young count's lodgings.
Mr. Williams. Well, and what then ?
Wright. And I came to Mr. Hanson, and
he did deliver a letter to Mr. Hanson, and -i
staid there about half an hotir, or there*
abouts.
Mr. Williams. When was this ?
Wright. Upon Friday the tenth day of tins
month.
Mr. Williams. How k>ng vras Mr. Hanson
and the Polander together ?
Wright. About half an hour.
Mr. Williams. What said Hanson to bim ki
your presence.^
Wnght. Mr. Hanson said nothing.
Mr. Williams. Was there any thing said
about going back and paying his lodging, and
coming back ?
Wright. Mr. Hanson came down to me, and
told me he vms glad to see me, and bid me take
the PolanderbacK with me, and bring him to
him to-morrow betimes, fi>r he most' (fispa$ch
him about his business.
I%r Fr. Winn. Then be said nothidg to tba
Poboder.^
41] VTATfi UttALS, te CUAKLfiS II. i66£.-HifNl oikeri, for Murder. ^ [M
Wright. No, btH t» Mi».
Sr JV*. Wmn. Well, ^mhei, «€ yota do Ae
aext morniw?
Wright, fcmme to hun the nest nioniiiig,
tD this Polaoder, and b« took hk thiosB with
him, which was* sea-bed th^the had, and a
gnt wMi a wheel-look, and sofne other thiags.
Sr F. Winn. And whilfier did you bring htm ?
Wright. I hrou^him to ifie upper end
•f the flay-market, M. Faubert's school.
Mr. Williams. To what place did you come
ift tlie taomtng, say ynu?
Wright. Sir, if it fifeaae you, I bronght him
wilfain a door or two of Mr. Faubert's the
boise-master, that teaches to ride the great
kavse; ferhiedid desire that we mi^go to
an ho«Be hard by, because lie would not carry
Itt eanriage to my lord, he had a sea-bed, a
foAaaaBile, a goa and other things ; and 90' i
hraugbt him to en house, and there I called for
apot of aie ; and he put down his things and
"fte^t out, I thoaffht he had gone to make water,
bat within a fittte while after returns s^ain,
^mA Mr. Hanson coaes in with him : He asked
'me why I did not come sooner ; I told him I
kad seine ettfier business, I was with some
French Merchants to look upon some goods.
80 be bid the Pole pay me for my trouble, and
\tke ftp his things, and go along witli him ;
and he did do so, aod I never saw the Pole af-
terwards
L. C. J. You that are the interpreters,
tepeoc whflt he hath said tothe jury. (Which
was done.
SrFr. Winn. We have done with this man,
the use we make of him is to foflow this
Mander, and we shall lynng him to the count
by and by. Cirfl Dr. Frederick Harder. (Who
was sworn.)
L. C. /. The Doctor understands English,
donHhei"
Sir Fr. Winn. Yes, we are told he doe^.
Mr. WUlianu. How long hare you known
the count that stands there at the bar ?
Dr. Harder. I have known him a good
while, it may be this four or five years. I
%VPe known nim fbnr or five years.
Mr. Wiliiawu. How long hare you known
cart. Vratz?
Dr. Harder. About a year and a holf, or
ilroyears.
Bfr. Williams. Was nw lord and captain
^fatz acauainted then ? — Harder. Yes.
Mr. Williams. Was he in employment under
TBj lord, was be in the tonnt's service ?
Border. He was with Hie count, but whe-
dier he was his companion I cannot tell.
Mr. Williams. Did he live with the count ?
Harder. Yes.
Mr. Williams. Did captain Vratz, when
^ count came Iflst over into England, come
over with hira.^
Harder. Yes, by my knowledge.
1. C. J. Do you know it or not?
Border. Captain Vrat^ cadie to me, and
IQUnie, mr ford desi^d to speak with me, and
I irent witn him to my lord.
Sir Ir. Winn. Was that the first
you received firom the oooat ?
Harder. Yes, it was.
Mr. Williams. How long was that ago ?
Harder, The aane day the Morocco em-
bassador did exercise in Hyde-Park.
'Sir Fr. Winn. How h>ng is that ago f
Harder, About a month ago.
Sir Fr. Winn. What was that his first h>dg>^
iag after he came last ihto Bn^nd ?
Herder. It was in the- Hay-4ttarket.
L. C. J. Was it a ooraer hoose, as thft
other witness saith, or net ?
Harder. Yes, it was.
Mr. Williams. Was the count % prit^te
lodger there ?
Harder. He lay in his bed ^en I came to
him ; he came as a traveller privately.
Mr. Williams. Did he go by Ins own name,
or another name?
Harder. Nobody did question him about bis
name, but when I did come to him, I did dis-
course with him about his body.
Mr. Williams. Pray,, Sir, thus : You went
often to visit him, pray did you ebquire for
him by his own name, or any other name ?
Harder. He desired that he might be pri-
vate, because he was to take some medicines,
and he would not have it known."
Mr. Williams. Now, Sir, I would ask yoil,
did you observe him to be in any disguise?
Did he wear a perriwig, or how ?
Harder^ He had a perriwig.
Mr. Williams. Was it a fair perrivrig, or
what colour ?
Harder. It was brown or blade.
Sir Fr. Winn. Sir, was he in a divinise,
or no?
Harder. He had his own clothes, but He
had a perriwig.
Sir Fr. Winn. Pray what name did be gt>
by, hi^ right name, or any particular name ?
Harder. In the first be^nning 1 gave him
no name ; but, said he to me, if any body ask
you about me, I would not be known ; for if
they know that I lie privately thus, they wiU
think I ail some ill distemper, therefbre I would
have you call me by the name of Carlo Cuski.
Mr. Williarfis. "Were you with, him, pray
Sir, upon the Sunday moroing that Mr. Thymi
was murdered ?
Harder. I cannot certainly tell, but I was
with him in theafiemoon.
Sir Fr. Wtnn. Pray call yourself to mind, Sir.
Harder. I cannot certainly tell.
Sir Fr. Winn. What time were you with
him in the^ evening ?
Harder. At nine o^clock, at night or there-
abouts.
Mr. Williams. Did you receive any letter
firom capt. Vratz at any time ?
Harder. I did upon Saturday morning, the
Saturday before Mr. Thynn was murdered.
Sir Fr, Winff. Have you that letter about
you ? — Harder. No.
Su: Jr. Winn. What was in the letter ?
Harder. Hedesiiedme to go tolheoQunty
40] STATC TRIALS, 54ChaelB8 II. l682.--Tria2 of Cemut Cwing$mmrk [M
who had a desire to apeak with me. I came {
there, and had some speech ivith bun about bis
indisposition. I told bim be bad better stay
till next day, before betook physic, because it
was cold weather. And after that, went with the
Polander tp my iodginc^, and the captain's man
came in, and then saic^ here is a man that will
direct you to captabi Vratz's lodging ; which I
did not know.
Mr. Williams, Look you, Sir, you say you
went to the count, did you shew the count that
letter from capt. Vratz, or no ?
Harder, The count saw it.
Mr. Willioms. Then . bear a little, When was
it you shewed the letter to the count ? Was it
Saturday or Sunday ?
Harder. It was Saturday.
Mr. Williams, Now, was the Polander then
in the count's lodgings or no ?
Harder, Yes, lie was.
Mr. Williams, Was there any discourse
about him then ?
Harder. I had never seen him in my life.
Mr. Willimtu, But was there any with the
ciount?
Harder. No, not at all.
Sir Fr. Winn. Then, upon your oath, I ask
you once more. Was the Polander ever in
company with you and my lord at any time ?
Harder. No.
. Sir Fr. Winn, Upon the Sunday, upon your
oath ? — Harder. No.
Sir F^ Winn. Nor the Saturday evening.
■ Harder. No, I have not seen hun since that
morning when the captain's man 4ook him
idong with bim to his master.
Mr. Williams. Pray, bow came the Po-
lander into your company on Saturday morn-
ing?
Harder. I had bim from my lord's that
morning.
Mr. Williams. Then my lord and the Pp-
lander were together ?
Harder. No, they were not together.
Mr. Williams. Was the Polander in my lord's
lodprings?
Harder. Yes, the Polander was bdow
stairs.
Mr. Williams. And did you take bim from
the lodginsf ? — Harder, Yes, I did.
Mr.nuliams. How long did he continue
with ypu ?
Harder. Not at all, I went home with him.
Mr. Williams, Had you no discourse with
him ? — Harder. No, none at all.
Mr. Williams, Where did you part with him?
Harder. I brought him to my house ; and
when he came in a-doors, the captain's man
being there, I told bim there was a man would
show him the captain's lodgings ; and he took
him away along with bim.
Mr. Williafos, You say, the ca^itaiu's man
had the Polander from you ; pray name that
man ?
, Harder, I cannot tell his name.
Mr. Williams. Was his |iame Berg?
Harder. I believe it was.
Sir Fr. Winn. You say you delivered a let-
ter from captain Vrats on fiiaturday morning to
the count ? — Harder. Yes.
Sir JFr. Winn. Did the count read thelet-»
ter , and tell you the contents of it ?
Harder, No, it was not sealed.
Sir Fr. Winn. Did not you know the con-
tents of it then ? — Harder. No.
Sir Fr, Winn. Pray, when you delivered the
letter from captain Yratz to the count, what
did the count say to you ?
Harder, The letter was not written to the
count, but it was writ to me.
Mr. Williams, What was the reason that
you shewed it to him then ?
Harder, I received a letter from captaiji
Vratz, that the count desnred to speak with
me ; and afterwards I was desired to direct
this man, the Polander, to captain Vratz ; and
so I directed him to captain Vratz, and nothing*
more I know.
Sir Fr. Winn. Well, Sir, one thing vr/Km
and J have done with you ; for you will not, I
see, give a reasonable answer : pray, when tbm
Polander came along with you from the
count's, did you observe he had any tbin^
about him ?
Harder. He had a great campaign coat.
• Sir Fr. Winn. Dui he se^n to have an/
thing under it?
Harder. He bad a portmantle under it, I
think, or some such thiuflc.
Mr. Craven. My lord, the count desires 10
ask bim some questions.
L. C. J. Let bim ask what questions be will.
Mr. Craven. My lord, be asks him whether
be does not remember, when he first came to
town, he bad bis bodV ^1 of spots ?
Harder. Yes, my lord, when be came from
Tangier, he had spots over all his breast ; and
it was feared they might^pet up higher toward*
his neck, and encumgerbun very much.
Mr. Craven. He says, if my lord pleases, he
will shew it openly.
L, C.J. No, there is no need of that, doctor.
Did you give bim physic for that ?
Harder. Yes, for that I did administer physie
to him-
Mr. Craven* He says, my lord, he over-
heated himself in riding to Ttogier, tliinking
to do the king and the nation service, and tlie
heat broke out in spots over his breast.
X. C. J. The doctor knows nothing of that.
Mr. Craven, He asks whether the doctor
was not desired by him to cure him ? whether
he did not tell him he would cure him of those
spots?
Harder. He desired me to administer phy-
sic unto him.
Mr. Cra:ven. He says be went to Strasburgfa,
and when became back he was in the same
condition he was in before ; and be asks vrhe-
ther the doctor did not undertake to cure bim ?
Harder. Yes I did administer physic unto
bim ; and this my own man can testify and be
witness of; because my I<Mrdbid me takecare
that be might be private, for he would not have
4
is] STATE TRIALS, 94 ChabIes II. l€$<l^end other$,far Murder. [4,6
klmowii that he did tmke phync ; but I told
my man, said I, it is my loni Conuigsmark, and
tberefore pray take care of him, and see that
fliephysi6 be inade very well up.
JL C. X You aeem to intimate as if he lay
piivate to take phync ; pray let me ask you this
^oestioD, did you me him phasic all this time ?
Harder, Not always pm^ingf physic, but
some sort i^hysic all the tune.
L. C. J. What erery night and moitung?
Harder, Yes, evefy day.
Mr. Craven* The count desires to ask him
irhere be was that mihappy day this business
wasdone?
Harder, I found him that day ill, lying
domi upon the bed, I asked him how 'his physic
bad wotked : he told me he was airaid he nad
got some cold \ and indeed I found him very
modi disordered, and I went home and letchcd
bimspme physic to take that night
£. C. /. By the oath yon have taken, was
there any other occasion, or had you any other
discoor^ with him, when you came on the
Sunday night but concerning his physic?
Harder, My lord, I will tell you the truth ;
I nerer heard the count speak any word in my
life, that he had any concern, or design of any
quarrel at all, nor any discourse, but about the
administration of his physic.
L, C. X Let me ask you this question, for
they desire it here, what was the occasion ? anQ
whether you know the occasion, why my lord
aiteied hislodfings so often P
Harder, The mrst occaaon was this ; because
it was in the Hay-market ; and his man said
it would be quickly known if he did continue
there ; so he would take anodier lodging, which
was in Rupert-street, and there he lodged three
days ; but the chimney did so smoke, that my
lord could not stay, because he could have no
fire in his chamber, and the weatlier was very
cold, for it did snow, and therefore I told my
Koid,itwas not so proper for taking of phy-
sic : thereupon he desired me to take him ano-
ther lodging in C^ueen-street, which I did look
about for, but it was not ready, so he had a
lodging taken for him in St. Mai'tin's-Lane,
iHiere he lodged till he went away.
Mr. Williams, Pray, Sir, the physic that you
gave the count, did it require his keeping within
doors? might not he walk abroad with it, upon
Tooroath ?
Harder. It did requiv^liim to keep in.
Mr. Williams, Pray then, how comes it to
pass iliat the count so suddenly could go by
wmterto GraTcsend ?
Harder. I do not know what was dMie after-
wards.
SKr Fr, Winn. I would ask you one question
ynd I would fain have you give me a lair an-
sv«' to it, what became of the letter that cap-
tim Tratz writ to you, and you shewed to the
count?
* Harder. It remained there upon the table.
Sfr Fr. Winn. Did not- you keep your own
fetter?
Harder* Itwas notofany coBtttm.
Sir Fr. Winn, If the letter were written to
you, it is not so long since but you can tell us
the contents of it ; pray, what were the con-
tents?
L. C. J. Can you remember what were th^
contents ?
Harder. He desired me to so to count Con-
ingsmark, who would speak with me, and that
I would give his man an answer when I came
from him.
Sir Fr. Winn, But what were you to go tatlie
count to do ?
Harder. Nothing ; but the count discoursed
to me about his own body and indisposition.
Sir Fr. Winn. But captain Yratz was n»
physician ; why should he send you a letter to
talk about physic ? .
Harder. It was nothing but my lord would
speak with me.
Hr. Williams. We need not trouble ourselves
with this fellow, he confesses he found the Po-
lander in the count's house.
Sir Fr. Withens. Pray, Sir, let me ask you,
who was with the count on Sunday night.
Harder. Mr. Hanson was there, I think ■
Sir Fr. Withens. Who else ?
Harder. The captain came in, and went out
again.
Sir Fr. Winn, What time of night was it
that Vratz came into the count T
Harder. It was at the same time that I was
with him.
Sir Fr. Winn. That he swears to be about
nine o'clock : was it after Mr. Tbynn was
killed ?— Harder. We had not heard it.
Sir FV« Winn. Sir, was it nine of the dock ?
Harder. Yes, it was.
Mr. Williams. You say you found the Polaop"
der at the count's lodgings ?
Harder. Yes, upon Saturday morning.
Mr. Williams. Then he came along with
you from the count's lodgings ?
Harder. Yes, to my house.
Mr. Willianu. And you parted with him
there?
Harder. Yes, the captain's man took him
away with him.
Mr. Williams, That was Berg, was not it f
Harder. Yes.
Then this Evidence was interpreted to the Joiy.
Mr. Craven. He desires the jury should
know what the doctor said about his sickness.
L. C. J. Let it be repeated to them. .
Mr. Craven, He desires to know whether he
may not speak it in French himself.
L. C J. No, the Interpreter must do it ;
I (which was done.) My lord, would you ask
any more questions of tne Doctor ?
Count Con. No more questions but them I
h ave osked t
SirFr. Winn. Call Thomas Howgood. [Who
was sworn.]
Mr. Williams. ' Pray, did you sell any sword
to the count? .
Howgood. I sold a sword to the goremor ; t
broad horseman's sword.
47] STATE TRIALS, .34 Charles U. I682.— TVts/ of Cotmi Cmmgimnrh \4S
Mr. Williams. When wu this P
Howgood. On Satufday was fortnight.
Mr. WilUam. What tune was it that he be-
0poke it ?
Howgood, He bespoke it half an hour after
6 at ni^t.
Mr. Williams. What did he say to you when
he bought it P
Howgobd. He said he would call for it about
d o'clock at night, when he came from the
^i&;
fr. WilUam. What kind of sword was itP
Howgood, An horseman's sword, as broad as
two fingers, such as the gentlemen of the
guards wear.
Sir Fr. Winn. When he came for the sword,
what said he. ^
Howgood. He was angry it was not done,
and I told him that I would send it to him
quickly.
Sir Jr. Winn. Where was it sent?
Howgood. To the Governor's lodgings at the
academy.
Mr. Williams. Now, my lord, we call several
persons that were privy to the concealing of
this gentleman, that can give you a better ac-
count, Richard Hayes and Robert French.
^Robert French appeared and was sworn.]
Sir Fr. TTinn. Piray will you tell my lord
wliat you know of the count's concealing him-
self and changing his habit.
French. I never saw him, my lord, before I
came here in court ; but it seems be did lodge
in my house 3 or 4 days.
■ Sir Fr. Winn. How lone is it since ?
French. Between 3 weeks and a month ago,
just 10 days before the murder.
Sir Fr. Winn. What name did he go by
then?
French. I did not know his name.
Sir Fr. Winn, Who. used to resort to him at
that time?
L. C. J. You say, Sbr, you saw him not,
what company did come to him P
French. 1 did not see him indeed. *
Sir Fr. Winn. Pray did captain Vratz come
to him to your house r
French. He lodged with him all the tiiiift.
Sir Fr. Winn. You say you know capt
Vrsts was there ?—JWficA. Yes.
Mr. Williams, Did Dr. Harder use to come
to him ? — French. Yes, seyeral times a day.
Mr. Willianu. What name did he enquire
for him by ?
French. The Doctor took the kdg^ing and it
was for a strancer ; I heard no name at all.
Interpret, my lord desires to know^ whether
you did not su^ect he took physic in the
house?
« French. I suppose the Doctor did give you
an aecoont of that ; 1 don't know that he
did.
Interpret. Did not your siaid know of any
•uch thfng ?
French. Myviaidis her^abowillgireyou
■aaocount
8k Fr. Winn. . Call Ana Prince ; (Who
sworn.) Pray do you acquaint my lord what
you know of count Coningsmark; whether
ever you saw him at your master's housQ in
the Hay -market P
Prince. Yes, he lodged there.
Mr. WiUiam. When ?
Prince. He came thither last Friday was a
month.
Mr. Williams. How long did he stay there T
Prince. Till Wednesday.
Mr. Williams. At that time, who used ta
frequent his company P
Prince. I know nobody but the doctor that
used to come to him.
Mr. Williams. What name did he go by?
Prince. No name at all, as I know of ^ they
did not ask for him by any name.
Mr. Williams. Did the captain use to eomm
tohunp
L. C. J. Her master says he did lie there.
Prince. Yes, he used to lodge there.
Mr. Williams. Did the captain giye him iMiy
physic ?
jL. C. J. No, butthe doctor did.
Sir Fr, Win. He only asks a merry quesk
tion.
Z. C. /. But we are now upon the life and
death of a man, pray let us have those Ques-
tions asked that are serious, not iauch light
tilings as are permitted in ordinary cases.
Sir Fr. Win. Now, my lord, we will call
Francis Watts.
Mr. Craven. Maid, my lord asks, whether
he did not take a vomit in your house ?
Prince. Not that I know of.
Then Fra$u^ Watts was swom.
L. C. J. How old is the child P
Watts. 15 years old lost Christmas.
L. C. Baron. Ask him whether he under-
stands what an oath is P
Mr. TAj/nn He was swom befinre the king
and council.
L. C. B. If he were swom before the king
and council, he may give evidence here sure.
Sir Fr, Win. Were you at the couut's aa^
vice at any time?— -YTa/^^. Yes.
SirFr. Win. Howk>ngP
- Watts. I was with him 11 days : I came lo
him upon the Friday.
Sir^r. Win. How long was it before the
death of Mr. Tbynn?
Watts. I think it was 10 days ^fore the
death of Bfr. Thynn.
Sir Fr, Win. What was your employmeot
with him?
Watts. His boy to wait upon liiro.
Sir Fr. Win. Did you lie in the same lodg-
ing?— Watts. No, at my &ther's.
Sir Fr. Win. What was the agreement be«
tween your fitther and the count ?
Watts. 6d. a day and my diet.
Sir Fr. Win. What comnany did you ob-
serve came to the count's lodgings P
Watts. That gentkmaB toere in the hlaoli
perriwig.
19] STATE TRIALS, 34 Charles II. iG^^'^-md Mer$Jar M^ier. f 5(>
mt Fr. Win. Wts li^ •i^p with your
Watt$. Yei» efery 4ay.
Su* Ft, Win, Hov masxj lodlgiDg^thBd he
viiile j<m w«r« with him ?
Wattt. Three: One 19 the Haynuuriket,
md, one ia Rupert i^r^et, and Uien the last in
St. Maitw'g.
Mr. WiUiimtf' Thns, child; doyoureipem-
. ber the timeof kiUiiigMr. Thynar
WmUs. Yes.
Mr. WUUam. Were yo« in yo«r master's
semccthenP—JFa/if, Yes, I was.
Mr. WiUiatiu, Who was in rmir master's
ompsDy ihat morning hefmrelir. Tbymi waa
JDl]0d ?
Waiis. I came vp, as I used to do id the
momin^ to my master, and he asked me what
was tbematter with the hustle in the strael ?
And I told him somdbody was takeo upon sus-
pkaon of liHinif esquire Thynn.
Sir IV. Winn, That was on IVlonday mom-
ii^; bat the Smiday raonung before, what
eomtpoBy did you observe there then ?
WaiU, I cannot teU any thing exactly of the
Sunday morning.
8ir>r. ITian. Was dmtainVratz there?
Wmtts, I canhot eaxdj^ remember.
Sirl^r. Winn. Whai time in the ereoii^
was it reported Mr. Thynn was killed?
Watti. Aboat 8 o'ek)ck.
Sir JV. n^im. Can you tell who hrooffht the
fintaews? ^
. Wmtts, One of my Udy Sejrmour's nuuds,
who was teHing the people of it below.
Sir JV. Winn. Did you oboerre any body
oome to your master's lodgings afterwards ?
Watts. \ en.
Sir Ft. Wi*n. Pray who came ?
Watts, Tliat gentleman in the Uadt perri-
IFi^^iaaif . Pray in what habit was he ?
how came he in ?
Watts, He came in a great coat ; I cannot
tell whether it was doth or camblet.
Mr.^ Williams, And what, did he speak to
auyhody, or go strait op ?
iVattt, Noy he spoke to nobody, bat went
Mrak np stairs.
Mr. Williams, Didhegouptoyourmastar's
ladflngs?
Waits, Yes, I beliere so, hut I stayed below
ia the shop.
Mr. Wiuiami, How long did you stay in the
shop?
Waits, I stayed there about half an hoar.
Mr. Wiiliams, Did yon leave biul there?
Watis, Yes, I did.
Mr. WiUiioms, Did he cOMinue there aH
the time that you were in the house ?
Wmtts. Yes.
Ml*. WilUams. What time did vou go awa^ ?
Watis, About throe quarters oran hour after
tel gentleman came in.
Sir Fr. WUAins. Do you rememher you had
aayAeonAe with the count, aboiit nding on
SandayP
▼OL. IX.
Watts, He asked me on Sunday in the fore-
noon, whether people were suffered to ride
about the streets on horseback on Sundays ?
Sir Fr. Winn, This was that Sunday morn-
ing, was it ?
Watts, Yes : He asked if they might be
suffered to ride about the streets on Sunday ?
I told him yes, before sermon-time and ansr
sermon-time.
Sir Fr, Winn, About what time of the day
was it that he had heard this discourse ?
Watts, AboutlOor llo'ckKsk.
Sir Fr. Winn, Are you sure it was Sunday ?
Watts, Yes.
Sirfr. Winn. Then I as|c you another ques-
tion: Upon Sunday nooming, or any other
time, do you remember that the Polander was
with the count your master ?
Watts. He came in on the Saturday morning.
Mr. Willianu. Was he in the company or
presence of the count ?
Watts, I was aboye stairs when he came in.
Sir Fr. Winn. What do you know of any
sword that was delivered to him ? v
Watts. Upon Sunday morning tb«>re was a
sword brougnt to my master's kiikfings, and
my master's man took it of me, and earned it
up stairs, and this man^ the Polander, after*
wards had it below stairs.
Mr. Williams. When was thiasword brought
to your master's house ?
Watts. It was on the Sunday morning.
Mr. William. What, the cutler brought the
sword?
Watts, No, it was sent by a porter from Mr.
Hanson.
fltU*. WilUams. What room was it carried into
when it was brought?
Watts. I think I did not carry i^ up : Yes,
truly, now 1 remember, I did^ ahd deliveiad
it to my master.
^r.WiUiums. Pray wh^t did the eoui||t say
to you ?
Watts, I asked him if ^ere needed an an-
swer to the note I carried with it, and h^ saH
no.
Mr. Williams. To whom was the sword de«
livered afterwards ?
. Watts, It was brought dowui and afterwacda
this Polander had it.
Mr. Williams. That man there?
Watts, Yes.
Mr. Williams, You jeulv that the sword was
^en to jthe Polander : Pray speak that the
jury may hear. Who brought dowi^- the
sword ?
Watts. I saw it in the Polander*s keeping
when it was below, but I cannot say who
brought it down.
Sir Fr. Winn. Where did the PoUnder dine
on Saturday ?
Watts. He dined with my master's torn and
I on Saturday.
Sir Fr. Winn. Where did he He that night ?
At whose chamber ?
Watts, At our lodgings in the garret, in my
master's man's dhamber.
•^1 STATE Trials, 34 Charles II. 1 6S2^1VW <»/ CaktU Ceningimdrk ( 5r
Sir JV. Winn. What day was this, do you
•ay? — Watts. Saturday.
Mr. Williams, When the Pulander had the
'•word, do you remember auy boots that he had
under his arm ?
Watts. Yes, he bad boots under bis arm.
Mr. Williams. And he had the si^'ord with
him when he went ai;i ay? — Watts, Yes.
Mr. Williams. Had he any coat ?
'. Wdttn. Yes, a new coat.
Mr. Williams. Well, I astc you once more,
.what time of day was it that fape went away
with the sword and the boots ?
Watts. It was ip the forenoon.
Mr. Williams.. What day of the week ?
Watts. Stindav morning'.
X. C. J. Ay, but your doctor that you exa-
mined before, says, the Pohinder went away
' with him, and be was not there on Sunday
mominjr.
. Sir Fr. Winn. It is true, my lord, it was too
* tender a |K>int for the doctor, he lies under
some suspicion ; and it is proximus ardet with
him. ^ '
^ ' L. C, J. Well, call him again : Look you,
' lloctor j you were asked before, and now you
are asked again, were you at count Oonings-
* inark's lodgings on Sunday morning ?
Dr.. harder, 1 cannot certainly telL
L. C. J. When did you see the Polander at
the coqnt's lodgings, and whether was it on
Sunday morning ?
' . Dr. Harder. On the Sunday morning I did
not see him. The only time was when ffotch-
ed him from my lord's ; I have not seen him
betbre nor since.
JL. C. J. Then call the boy again. Where
did the Polander dine on Saturday P
Watts, He diued with me and my master's
man.
L. C, J. Where ?
Watts, Below in the kitchen of our lodgings.
L.C.J, Where by thePolander that night?
Watts,^ He lay in our garret.
L. C, 7. When went be ftom your master's
lodgings ? .
Watts. On Sunday morning.
Mr. William*. Had he an old coat or a new
ceat upon him f-^Watts. He had a new coat.
L.C. J. WasJhe doctor with him ?
Watts. Yes, Ae doctor went away with him.
Dr. Uartler, I have not seen the Polander
above ouoe in my life.
Sir Fr. Winn^ But were you at the count's
on Sunday morning, or no, I ask you P
, Dr. Harder. I do not know whether it was
Saturday or Sunday.
L, C. /. But when you fetched him away,
was it Saturday or Sunday morning P
Pr. Harder. My lord, I cannot very well
remember.
X. C. J. Had the Polander a sword when
jon went away h ith him ?
J^r, Harder. I cannot positively say, but (as
travellers commonly have) he might have a
•word.
Six Fr. Winn. Now come to youraelft •&<!
deal honestly, for von are upon your oath ; I
ask you, firie^d, this, you say he might liatr#
a sword, do you remember a pair of boots ?
Dr. Harder. No, 1 do not,
Sir Fr. Winn, Do you remember the co«t
he had uppermost ?
Dr. Harder. Yds, he had something oiid0r
his coat, but I don't know it was boots.
X. C. Baron, Had he a buff-ooat under hiv
campaign ? — Watts. Yes.
Sir Fr. Withens. Let me ask you one ques-
tion, young man ; do yon remember you saw
any musquetoon in your master's lodging f
iVatts. I did see a gun there.
SirFr. Wtthens. When was that?
Watts. I saw it upon Saturday.
Mr. WiUiams. The musquetoon or gun that
was in your master's lodgings, was it thtft
which was brought by the PoNHider, or no.
W^tts. I cannot tell that.
Mr. WiUiams. Waa it a long piece or a
short piece P
Watts. It was not a short pieces
X. C. J. Did the Polander take^it awagr
with him P-* Watts. No, not that I know of.
Mr. WiUiams. Now, ybun^ man, I would
ask you as to Monday roonung : about what
time on Monday morning did you come to your
master's lodgings ?
Watts. U was between seven and eiglift
o'clock, a little after seven.
Mr. WiUiams, What condition was he in F
Was he in bed, or up ? — Watts. He was up.
Mr. WiUiams. What was he doing ? Was h«
packing up ? — Watts. Not that I see.
Sir Fr. Winn. It was when he asked you
about the hubbub in the street ; pray tell what
he said to you ?
Watts. He asked me what the matter was
with the bustle in the street, and I told hioi
that some were taken that had killed esquir*
Thynn ; and I told him all thestory, as near a#
I could : he asked me when esquire Tliyno
was murdered ; 1 told him the night before ^
but I did not mind any thing that was done :
but as I went down stairs, 1 met with a stran-
ger, and he went up stairs, but I never saw my
master after, till he was taken.
Sir Fr. Winn. Did he ask you what Mr.
Thrnn was P
tVatts. Yes, and I told him I heard he^wi#
a man of a great estate, and well beloved, and
that the duke of Monmouth was in the eoaeb
but a little before, and if he had not gone out^
he had been killed too.
Sir IV*.- ITmn. What said the count to voui
when von told him Mr. Thynn was well be-
loved ?— Watts. He said nothing.
Sir Fr. Winn. Can you remember who if
was came to your master then P
li 'attS' I know the man if I see him again^
Sii* Fr. Winn. Do you know his name f
Waits, No, I do not know his name.
Mr. Williams. Were any of your masltr*^'
goods earned away then P — Watts. Yes.
Mr. WiUiams> What goods, were caiq(|
away then ?— WaU$^ Two pnrtmantton
Mr* WilUmmi. Who carried them away f
Watts. My father carried them away.
Mr. WUUams, What time was it ?
Watts. Between dght and jiiae oVilock,
Sr Jr. Winn. Itwaa time to J>e gone. How
parted youand your master ?
Watts^ The stranger did come in, and I
never saw mj master afterwards.
% Fr. Winri, What, did your master take
pa leaTe, nor say any thing to you ?
Watts. No.
3ar Fr. Winn. What kind of periwig had he
when he went away ?
Watts, He had a black perriwig«
Sir Fr. Winn. What clothes?
Watts. A light-coloured suit, wiih gold
^QtlODfS.
X. C. Baron. Will the count ask the hoy
'&
in the
_ IT. Craven. Did you see the gun
floom after the Polanuer was gone ?
Watts. Yes.
L. C. J. It is very plain that this gun was
none of the sun that did this uuschief, but the
gnn the lV)lander brought over from be-
yond sea.
Sir Fr. Winn. Call the boy's father, Thomas
Watts, (who was sworn.) How long have you
known the count ?
71 Watts. I do not know him, but as I have
aeemhint,
8ir-J?r. Winn. Were you employed to carry
any thing for him ?
T. Watts. Two or three times I was.
Sir. Williams. When were you last em-
ployed by him P
T. Watts. The morrow afier the murder was
committed.
Mr. Williams. 'What tiaae in the morning
was it?
T. Watts. It was between eight and nine
o^dock in the morning.
Mr. Williams. What was it you did for him ?
T Watts. I carried a portmantle, and a
portmantle- trunk, and some other things.
Mr. Williams. Where were you directed to
deliver these ?
T. Watts. His man told me they were to
go to Windsor.
Mr. Williams. Welly tell the whole story.
T. Watts. He i bid roe carry them to Char-
ing-CroGs, that they might be put into the
coach there. But when he came to Chariuff-
Cross, a coachman and he had some wor£,
and he hid him open his boot, and then he took
the&ingv fcom me, and put them into the
coach.
L. C. /. Who was it that told you they were
to gp to Windsor ?
T. Watts. It was his man.
Sir Fr. Winn. I would ask you. Sir, when
iris the first time you knew the count ?
T. Watts. It was ten or eleven days before.
Sb Fr. Winn. What was the occasion that
hnn^t yoa acquainted with him ?
7. Watts. I was Dr. Frederick's porter, and
lie sent me to carry sobe things to tba count.
9} STATE TRIALS, 34 ChaklbsII. 1 $82.— ^mf oikenjar Mwnkr. f 54
Mr. WiUimu. Wat it your son that waited
upon him ?
T, Watts. Yes. For when I brought tho
things, they said they had forgot to give me a
sword which I was to carry with the things :
and I said, tliat I had a boy that I woul^
send, and I did so, and so th^ tock a likiog to
the boy.
Mr. Williams. What was the agreement for
your son's service ?
T. Watts. Six-pence a day and his victuals'.
Sir Fr. Winn. What Was the man's name
(as you remember) that eave you the things t^
carry to the coach, whicb were said to go for
Windsor?— r. Watts. I cannot tell his name.
Mr. Williams. He that pinched and pusbeil
yon back, and took the things from you, and
put them into the coach ?
X. C- J. Did you see the count that mem*
'mg?—T. Watts. No, I did not see him.
Mr. Williams. Have you been laboured and
sought to by any body to conceal your boy, that
he should not be brought at this trial ?
T. Watts. No, Sir.
Mr. Williams. Had you no endeavours used
with you about it ?—T. Watts. No.
Mr. Williams. Did nobody speak of any sudi
thinfftovou?— r. Watts. No.
Mr. Williams. Did any merchant or any
body send to you about this boy, to take him
into service ?
T. Watts. There was a merchant that would
hare helped the boy to a place on Saturday
last, but the jierBons that Hould have procured
it, were about it a good while ago.
Mr. Williams. Call Derick Raynes and
Richard Cliappel, (who were sworn, and Raynes
stood up.) yV hen did you see the count, the
prisoner at the bar ?
Raynes. On Monday in the afternoon.
Mr. Williams. What time was it in the
afternoon? — Raynes. In the evening.
Mr. Williams. Where was it ?
Raynes. At my hmise.
Mr. Williams. Where is that?
Raynes. At Rotherhith .
Mr. Williams. How came the count to your
house ?
V Raynes. I know not ; 1 was not at home
when he came.
' Mr. Williams. Pray when you saw him, had
he his own hair or a perriwig, or how was ha
habited?
Raynes. He had black hair then.
Mr. Williams. How long did he continue at
yonr house ?
Raynes. From Monday till Thursday morn-
ing. *
Mr. Williams. Was he privately there or pub-
lickly ?
Raynes. He walked up and down the house.
Sir Fr. Winn.. What countryman. are you?
Raynes. I am a Swede,
Sir Fr. Winn. What became of him alter
Thnwday.
Raynes. On Thursday morning he to^
water and went to Deptford.
55] STATE TMALS, S4 CttAute II. 16«S*— 7H«i «f Ccmt OmiitgtMrk iS6
Chtqmd. OitThittadiy taataiag, at ttnof
tlio cloclc*
Mr. William. Where?
KrJFr. TFtten. Whattray dMllego,lr|r boat
or hov? ?
Raynes. A waterman carried him. .
Mr. WiUiums. Pray what did the ccnmt say
to you aboat his comiog in a disguise to your
house ?
Raynes. I knew nothing* at all. I came late
home, and when I came to know of him what
be was, then he told me that he was count Co-
ningfsmark.
Mr. WiUiami. What did he say to you when
you discovered that he was the count? What
did he tell you of his business ?
Ratines' He said nothing ; but that he was
desirous to go to Gravesend.
S'u- Fr. Winn, Upon your oath, Sir, did you
furnish him with any clothes ?
Kaynes. Yes, I lent him a coat
■ Sir Fr. Winn. What say you to a black
Auit?
Raynes. The blacksuitdid not belong to roe.
Sir Jr. Winn. Whats?y youtoa velvetaip?
Raynet. I helped him to a coat, stocking,
and shoes.
Sir Fr. Winn. Thai I ask you, what did he
declare to you ?
Raynes. Why, he did desire to have those
clothes.
Sir Fr. Winn. You are an honest man, teU
the trntl).
Raynes. He declared nothing to me.
Sir f>-. Winn. When you dressed him, i^hy
did he put on that habit r
Raynes. He thought his own clothe^ were
ioo cold to go upon the water.
Sir Fr, Winn. Had he no deaths before ?
Raynes. Yes, he had.
Mr. Williams. You had the warmer coat, had
you?
Sir Fr. Wmn. Did he desire you to let him
have your clothes, because he was in trouble ?
Raynes, He desired a coat of me, and a pair
of stockings to keep his legs warm ; and when
be had got them, his own shoes would not
come on, so I lent him a pair of shocis.
Sir Fr. Win?i. I do ask you, did he declare
the reason why he would nave tho$e deaths
was, because ne would not be known ?
Raynes. He said he was afitud of coming
tnto trouble.
Sir Fr. Winn. Why were you unwilling to
tell this ?
Raynes. As soon as I came to know he was
iStie man, I told him he should not stay in my
house.
Sir Fr. Winn. Did you lend him those
clothes, or seU them ?
Raynes. I lent him them.
Sir Fr. Winn. Had you them again ?
Rayngs. No, I had not.
Sir IV, Winn. Are you paid for them, or no?
Raynes. No, my ship lies at the key, and I
came home late in the evening, and found him
there.
Sir Fr. Winn. Setup Richard Chappel.
' BIr. Williams, When did you first see that
gentleman ?
Chappel. At Rodberbith.
Mr. Wmiam. How came you to him? Who
brought you f-^Chappel. That man.
Mf . William. What were you to do with
him ?
C/tappel. To carry him to Gratesend.
Mr. Williams. Do you row in a pair of oati,
ora sculler ?—CAap»€/. AscuUef.
Mr. Williams. Whither did Von carry the
count that day ?— Chappel. To Deptibrd.
Mr. Williams. Whither the next day?
Chappel. To Greenwich.
Williams. And whither then ?
C/mppel. To Greenhith and then the iMSt
day to Gravesend.
Mr. Williams. Was he in the same do^ife
all the while?
Chappel. Yes, all the while.
L. 6. Baron. Were you hired to wait upon
him all that time ?
Chappel. Yes, I was to have five sbittidgk
every 24 hours.
L. C. Baton. Was he alone ?
Chappel. No, this man was with him.
L. C. J. Did he go in the sculler with him ?
Chappel. Yes, to Deptfbrd.
»Ir. Williams. Well, no# we will call the
gentleman that seized him at the waterside at
Gravesend.
Sir Fr. Winn. What did the count call hioK
self? What profession did he tell you he was
-af?
Chappel. He told me he was a merchant.
SirSV. Winn. Did he say he was a jeweller,
upon your oath ?
Chappel. Yes, hfe said hfe had bought jewels.
Sir Fr. Winn. Where is Mr. Gibbons, and
Mr. John Kid P
[Who wei*e sworn, and Mr. Kid stood upt^
Mr. Williams. Mr. Kid, pray, sir, will you
acquaint my loh) and the jury in what condl-
'tion you found the count at Gravesend ? Tell
the whole story, and speak aloud, ^at all may
hear you.
Kid. I had some information upon Friday-
night of him.
Mr. WilUatns. Of whom and what ?
Kid. Of the count where he was. So I
made it my bnsmess to enquire into it On Sa-
turday in the aHemoon a gentleman came tb
me, and guve me certam information where he
thought that gentleman the count was. This
gentleman coming to me, said, Mr. Thynn iH ti
stranger to me, but said he, I would not hare
Mr. Thynn's blood lie at my door. This same
person who is put out in the gazette, I beheve,
1^ at a neighbour's house of mine. Says he, I
desu-e you to be private in it, because it may do
you a prejudice ; so we went into a coach at
Charing-cross to go to a justice of peaee; I
did not know where sir John Reresby iWed, bitt
enquired of Mr. Gibbons, who told me, but be
was not At hovaey and Mr. Brid^nan was not
17] arrMTE trials, H CttAntti II. lG^$.-^iii{ 9thetBj&r Mitrder. r5>
■t bonif ) ib 1(fiG!V6Dt to ftit teCfft^tHtf tfnd flwre
we hiMl a Irarrant, and then I cmtte by wtkter to
RoAetiitfh, and t^s same Raines that ih» ex-
anrineil, and hm wife wliere be lay, were g&ne
to Greenwieb to carfy liis ekftfaes, a grey miff,
ad other elMbes that he had left. So gfOing
dawn to GrfeeiMriob, we caHed etery boat that
was upon the fiver aboard of us, to know,
frhaiee they catile. Afid t^e had takeh b6r
fkstttr tkoog with as, and she called out her
•aber's name, Bfall Raynea, and her brother's
name, Derick Raynes, and so at last we got the
boat wherein they were, on hoard of ns. A»»d
We asked the man what he had done with the
eentleman that lay at his house ? He dechired
be was gone away, he did not know whither.
So I Went back again to ibis gentleman that
<*aTe me this first inihrtnation, who did go to
htm as a neighbour, to know whither he was
etme, and whetehe was to be found, and where
be wocdd hind. 9a he declared the particulars :
That if we missed him that night, we should
haTe him iti the Hope upon Mondar morning,
yapoa a Teasel that was to be cleared upon M on-
miy morning, ^o upon Sunday night coming
to Graresend dbout eight ot time o'clock, or
IbereaAioats, there he landed. There were 13
or 14 St^edes at the same house where he was
to land ; so we thought it convenient to take
Ilin at his first landing, lor fear of further
danger. 8d I staid at the Red 'Hon back- stairs,
and he landed at the fbre-stairs, where the wa-
termen were. As soon as he was laid hold of, I
eameto him ; said I, your lordship shall not
Want finr any thing that is convenient. He de-
sired to know whether I knew him ; I told him
yes ; and that his name was count Coning^-
mark. That is my name, says be ; I do not
deny h. So the mavor came, and the Custom-
faoose officers searched him, and found nothing
at all of any arms about him. He desired he
might be used like 'a gentleman, and so he was ;
fer there waa no abuse given to him, as 1 know
of. Coming op the river, the most of my dis-
touRK was about material aflkits ; a seijeant
that h^d the command of a file of mnsqueteers,
%hieh the deputy governor sent to guard the
coout to Whitehall, a gentleman sittit^ there
by me. Was asking me concerning Mr. Thynn's
tnnrder ; I told him, that I was at Newgate on
t^riday, afad there I saw those that had done
thai barbarons f^ct. With that, my lord asked
what lodgii^ ^ere were in Newgate P And
Whetfier the captidn had a good K)dging ? I
told him a very good one. I^ asked me whe-
ther he confessed any thing: I told liim he
had omfessed some particulars. And, said I,
it is the most baiharous thine that ever was
done. Cvtainlyy says my lord, this Mr. Thynn
most have correspondence and commerce with
tome lady that this captaib knew, that belong-
Hi to the*conrt, or he would never have done
it As for the Polander, 1 told him that be had
eonAMed, he wept mightily. With that my
lordseemed \ery much concerned, and took up
llts clothes and bit them, and sat awhile up,
hot Was verv mtieb dSscoodposed, and then de-
aired to lie down.
Sir Ff, Winn. That Was, wbcM ym told
him, the Polander had oonfeascd f
Mr. Kid. Yes ; my lord was miglMily al«
tared in his countenance.
8ir Fr. Winn. 1M yon at the first time that
you seized him charge him with the tuurder ?
Mr. Kid, No I did not.
SirFr. Winn. Was he in a black perriwig?
Kid. His cap fell oflf, and his pemwig, just
as I came to him.
Sir Fr. Winn, Set up Mr. Gibbons. Pray
will you tell what passed ?
Gibbons, My lord, as soon as ever he came
to shore, I walked by him, and gave him a
little kind ofa justle ; and ray reason was, to see
whether he had not a black coat under his cam-
paign : I walked close to him just in this man-
ner, as be walked along,, so he turns about n^^n
and went down to the waterside, and adced the
watermen; Watermen, have you stowed your
boat f They answered, yes. Then come away,
said he ; so soon as he came back again, 1
catcfaedliim fast hold by the arm, and the first
word he said to roe was, What, do you come to
rob iwe ? Said I, my lord, you are liiy prisoner,
and I told him I was the king's measenger,
that had waited several days for him ; and
holding of him very hanl; whether that was
the occasion of it or the watermen that wera
od^the other side of him, he dropped down his
sword between his legs ; but when 1 named hit
name, he gave a little start, and his perriwig
dropped oH' his fiice. We went up tbe stnpet to
the mayor, and the people crowding about us,
were very rude and very rugged, and he de-
sired be might be well used. We did all we
could to keep the people from him ; We went
up to the mayor's house, and when we came
there I desired he might be searched, whether
he had any arms ; He said he had none, and
there was none.
Sir Fr. Winn, When yon had the custody of
him, whither did you carry him ?
Gibbons. We carried him to the mayor'a
hodse, and afterwards we removed him from
his house to an inn.
Sirfr. Winn, What did yon do the next
day?
Gibbons. We staid there about ^me two ot
three hours. After an hour, or half an Inmi^a
time, near upon an hour, my lord came ""to me
and asked mewmy name ; and he said, the rea-
son was, that after his trouble was over he
would give me thanks for my civility to him.
Captain Sinkleer, who stood up, gave him my
name before I could, that it was Gibbons. Yea,
said I, my name is Gibbons, and I belong to
the duke of Monmouth : Why, says he, the
duke of Monmouth has no command now
and therefore bow could I take him by hia
order ? My lord, said I, I do not apprehend
you by his order ; you have killed a very good
friena of mine, and had not providence ordered
it othen^'ise, you had like to have killed a more
particular friend, and a master : So, my lord,
he seemed to be very sorry at that ; but, says
he, I don't think they would have done any
harm to the duke of Monmouth.
< a
il9] STATE TRIALS, M Chabi^ks tl. 1682.— Tm/ of CowU Cmumgmmrk [6*
tberp ore ^igainrt yoa. That yoo weft oogni-
zant of thisy and that you were the perwm thai
deogned this : That you cnxae into Ensland
about a fortnight or 3 weeks before the death
of Mr. Thynn ; that cwtain Vratz, who was
one of them that killed nim, came with you,
that he lav at your lodging, that he was oon«
stantly with you, that you lay incognilo there^
and prifate, would not be known what your
name was, that you shifted lodgings from time
to time, that Borosky the Polander came OTer
by your order, Wias brought to your lodging,
was provided for there, that be had clothes, and
be bad a sword provided by your lordship foi^
him, and that tliere was care taken that it
should be an extrordinary good sword, that
you did discourse to Mr. Hanson about your
calling Mr. Thynn to account, and this ropch
about the time, or a little before the time of hia
death, and what the laws of England would ba
in case you should call Mr. Tliynn to account}
Sir ¥r, ITtlm. What else did he say?
GibboM. I think I have told you all that
is material.
Sir Fr. Winn, Were you in the boat at any
tune, and gave him any account of the roan's
having confessed ; what did he say to it ?
Gibbons, Sir, I was not there, nor I did
not come uii in the same boat with him.
Mr. Williamt. Did he mention any thing
about a stain to his blood ?
Gibbons, I ask your pardon, he did so.
Mr. Williams, What did be say ?.
Gibbons, Says he, it is a stain upon my
blood ; but one good action in the wars, or one
lodging upon a counterscarp will wash away all
that.
L. C, J, What did he say was a stain upon
his blood?
Gibbons. My lofd, if you please, I will
tell you : As I said, he asked me my name, be-
cause he would come to give me thanks for my
civility after his trouble was over; the captain,
bc'in{>: quicker than I, told him my name : Yes,
Sir, said I, 'tis Gibbons, and I belong to the
duke of Monmouth ; said he, he has no com-
mand now, how could you come upon his
order ? Said I, I do not come upon his com-
mand, but you have killed a very good friend
of mine, and a ooun|ry man ; and if providence
had not ordered it otberwne, you had killed a
more particular friend of mine, and a master,
that I bad served many years ; said he, I don't
think they would have done the duke of Mon-
mouth any injury : After that he walked up
and down a- while, and then said he, 'tis a stain
upon my blood ; but one good action in the
wars, or a lodging upon a counterscarp, will
wash away all that The mayor was m the
room, and several others.
Sir JV. Witin. Pray, Sir, one thing more;
when you did speak to him of confession, did
he say any thing to you about captain Vratz ?
Gibbons, l^r, he was only asking of me
how thinflfs were, what the people said, or
some such thing ? 1 was not forward to tell
him at first, but afterwards I did tell him, that
the captain had made a confession, thoiigh it
was athin^ I did not know then. Says he I
do not beueve the captain would confess any
thing.
X. C. J, Did he say so?
Gibbons, Yes, he did, to the best of my
remembrance. ^
' Sir Fr, Winn, We have done with our ^i-
denoe, my lord.
L, C. J, My lord Coningsmark, will you
ask him any thing ?
Count Coningsmark, No.
X. C, J, Then the next thing is, you heard
the evidence that is given against you. Now
you must come to your defence : I will put
you in mind of some things, my lord, which
things it will concern you to give some ac-
eount of. It is here laid to your charge. That
you were accessory to this murder of Mr.
'Thynn, and that you were the person that di-
rected and designed it* And tnese evidences
my lady Ogle. And that after all. this, Mr,
Borosky was not only clothed by you, but was
sent by you to Vratz, (that the Doctor says)
and after Vratz him, that he lay in your lodg-
ing that night before this evil tning was done,
and after toe thing was done, the same night
Vratz came to your lodging and was with you,
and had private conference with you, that the
next morning you got up and went away,
though you had taken physic the night be-
fore, and though you yourself, nor your Doc-
tor, thought you fit to go abroad, and you go
away incognito, in a pernwig, disguised, you
direct your servant to carry your clothes one
way while you go another ; then you &;o down
to tne water-side, and lie private near the river,
at a Swede's house at Rotherbith for several
days together ; you afterwanls take great care
to conceal yourself, by changing your clothes,
and putting^ yourself in a gain not like your
own, and giving out you were a merchant or a
jewdler, or some other trade; that afterwarda
you trifled away the time and went 2 or 3 miles*
and then strucK in upon one side of the^river*
and afterwards on the other side of the river,
suspiciously up and do^vn not to be known, and
this not like yourself in any manner, but io a
pitiful popr disguise, and hire a sculler to carry
you, from whom you concealed yourself, and
so all along you trifled away the time till yoa
were taken at Gravesend : That afterwards wbea
you were taken, you were inquisitive about the
captain, whether ne did confess ; that you should
likewise say some such suspicious words aa
these, That you believed those who killed Mr.
Thynn had no design against the duke of Mon-
mouth ; that yon nelieved the captain would
not confess; that you seemed to be concecned
when you were told the Polander had cob«
fessed ; that afterwards you should say, my
lord, this is a stain to my blood ; but one good
action in the wars, or a Jod^^ing upon a counter-
scarp, will take away all thia, or wash it clean.
f 1] STATE TRIALS, S4 CHAfttsft 11* I^S^l^miI otters, far Muritt. [62
And then, wbk^ is also testified against yon,
Ihat yim dbould ask the boj that ?ery morning
«f tbie day the oDnrder was committed, whether
&ey used in Lcmdon here to permit men to
nde up and down on horse-hadt upon a Sun-
^y ? Now these thmgs, my lord, it wiU im-
f9ti you to give some account of.
Sir N. Jokason. My lord says, he desires he
BiaT answer all these things one after another.
X. C. /. Let him do so. And first let him
answer what his reason was to come into £ng-
kod in such a manner incognito, at this time,
and lie concealed, when he had been in £n§r.
land betbre, and Uved in a mighty good eqm-
paee and condition ?
Mr. Craven, My lord, he says that hearing
there was a p^ce between Swedeland and
England, and Holland designed, and like to be
eonfimied suddenly against the French,' he
same with a design to serve England, and to
niae a regiment of horse here for the serrioe
of tbe king of England.
Gonnt Comngtmark, If any such peace
shooid be, if any appearance of an alliance he-
tween Enifland and Holland, and Swedeland^ I
had a des^ to propose, if I could have a regi-
L» C. J. Why did he come unknown, aikd in
a disguise?
Sir N. Johnum. Secondl3r he sa^s, my lord,
the reason of his coming incognito was, be-
sanse he had a distemper upon . his arms and
biesst, and having formerly tried and employed
dus physician, and having experience tnat he
was an able man, he was resolved to lie private-
hr till he had cured himself ; ibr he could not
dnak. wine nor keep company, having this
distemper upon him, and he was afinid, if be
had ki^"^ oompany, it would have hindered his
cure, and he should not have been so soon
cured, as if he kept in the house ^ and he says,
that his equipage could not -come 'till after,
and he would not willingly appear 'till he had
his equipage as a man of his quality ought to
do; and these were the reasons that made him
keep private.
Z. C J. Pray ask him upon what occasion
he did chanse his lodgings so often ?
Sir N.JoSuon. He says that his first lodging
was changed because it was too cold for bun ;
and he says, the next lodging, where he was,
diose that were there can tell, the room where
he was smoaked so cruelly, that he was not
able to endure it. And be says, he liked the
house BO well, that he sent to see if the chimney
could b|^ mended, and it was not to be done,
otherwise he had gone back to that house, and
he has the man and his ivife to bear witness of
ft, if you please.
X. C. /. Let him call them.
Count* Call Joseph Parsons and his wife.
[But they did notappear.3
L C. J. Then ask my lord this, to what
nrpose he did brine: over this P<ribnder here ?
fieoogfat to oonsiderofthot, and give an ac-
foaot why he brought him hither.
' bt^prtUr. He says thi# Pole was taksn
into his service ivhen hewent to Tangier, whea.
he went several thousand miles to do the king's
service, and he had designed at that time to
bring him into England to dress his horses
after the German way.
X. C /. Had the Polander been a groom
formerly ?
Interpreter , He s^y** he thinks he bad been
groom to his uncle beiore.
X. C. J. Bat to what purpose did he bring
him hither ?
Interpreter. He says there was a great dis*
course about Strasburgh's being besieged, he
did design to buy some hordes, for every dne4id
ar|n themselves ; and he says he sent over
1,000 pistols to be answered by themerchant^
here, to buy horses.
X. C. /. Hath he any body to prove it ?
Count, There is Mr. Risby, Mr. Hanson^
and my brother.
Young Counts My lord, I had a bill of Ex-
change.
X. C. J. For bow much paonev, my lord ?
Young Count, For 1000 pistols,' to buy
horses, and he has bought one horse, and way
to buy more.
X. C J. Do you bear, gentlemen, what he
says ? He came over to buy horses, an'd he
returned 1,000 pistols for that purpose ; and his
brother (Joes attest there was such a sum return-
ed by hdis of Exchange, for the buying of
horses.
Interpreter. My lord, he says he does fear
that the jury that do not undei'stand English^
do not understand his reasons for being in a
disguise.
X. C, J. Cannot he give an account of k
himself?
Mr. Williami, No, my lord, his evidence
must be interpreted to them by the Interpreter.
X. C.J. Tne doctor's evidence haUi been
heard already abbut the same nuitter.
Sir N, Johnson. He desires, my lord, to know
this; whether he niay not say the same
things over again to the jury m French?
there are a great many persons of quality that
understand it, and they will see whether he
speak true.
X. C. /. Let him, if he pleases.
Sir Fr. Winn. But then, my lord, I hope
that your lordship will tell the jury it goesror
nothing without proof.
[Then the Count spoke to the Jury in French.
X. C. J. My Lord, I do not knoi^ whether
thegentlemen that are of your right-hand heard
you or not
Jurymen. We understand not French. [Then
the count spake it in Dutch.]
Interpreter. He says, if it had not been (w
the great stormy weather, the Pohmder had
been sooner in London, for he sent for him *
before. He says, the letters go fiomStras*
bufg to Hamburgh inseven days, and that moai
commonl^r diips^do come from tibenoe in sMt
days, but in a great deal less time than the ro-
lander eamsovar in. And he says, thai ha mit
63] STATE TRIALS, 34 Charles II. l682.-*Tna/ ^f Cmni Coning9wmrk [64
four months before to i«toh the Polander ov«r,
and be mi^bt have been here long ere now, if'
it had not been for the weather.
L. C. J. Then, my lord, I would ask you
some more questions, which concerns yoik to
answer. Upon what occasion did you male
your discourse of Mr. Thynn*s death to Mr.
Hanson ? Had you any <Uscourse with him ?
and upon what occasion r
Sir N. Johmon. My lord, he says in common
discourses, it is impossible to give an account of
the di80ourse,H)r renaember the occasion of it so
long ago.
L.C J. Adc him if he bad any quairci with
Mr. Thynn? Or knew Mr. Thynn ?
^ N. Jolmson. He saytf, my lord, that he
never had any quarrel with Mr. Thynn, nor to
the best' of his remembrance, with bU eyes,
jMver saw Mr Thvnn.
L.C,J. Then 1 ask you this, my lord, did
you ever bear Mr. Toypn liad married my
lady Ogle before you last came into Eng-
land ?
Interpreter. He says, he never heard of it
ontilbe wasgoin^toStrasbargh, and then all
the whole town did talk of it
L, C. /. How long is that ago f
Interpreter. Half a year ago.
L. C^J. Then k was before hu last coming
into England.
I9ir Fr, Wihn. My lord, his discourse with
Mr. Hanson, was not when he was last in town,
but before.
L. C. J. Then pray ask Irim tbifl, what oc-
casion be had to ask the boy upon SundaT.
whether horses might ride about the town of a
Sunday ?
Interpreter. He says, my lord, this is a veiy
strange thing, that he s&odld go and ask a
seoHMn-boy, whether people might ride on
Smdays, when he himself, over and over again
has rid upon Ssoidavfii to Hyde-Paik, as niany
persons of qualitr do.
L. C. J. Has be any body to pvove it?
Bir N. Johnwa. Here is major Oglethorp,
(who, with divers other gentlemen, testified they
liad seen him ridingr divers times, en Sundays,
m Hyde-Par^. "
L. C. J. Tnen that questten signifies no-
thing ; there oould be notbinff in that question.
Sir N. Jchmon. My lordThe de^res that I
may b«^ examined concerning the boy, of what
I heacd by chance from the boy himself, and I
wfll give you an account of it upon my &ith and
Toputation.
£. C. /. Do BO, Sir Nathaniel, say what
you can say.
Sir N. Johnmrn. My lofd, I having had the
honour to serve a -while under my lord's fother,
I WM desirous, knowing the honour of the
fhbuly, and bearinga grrat respect to it, to do
My lord all the rea^inable service I could. So
heiHing my \Kvr6 was taken, ajid in Newgate,
i went to wtMt upon'him ; and coming there,
if r. Uiohardson told me^ there was a Uttle boy
*«nai«id at the count's door for his wages, as he
mki. So Iapak«t»lhebey, andtfkadhim,
whatdo'st thou stay for ? He laid rae for his
wages. Said I, certainly nay Imtl will pay
you your wages ; how long hare yoq aerve«
nim ? He said, a little whila ; and then said I,
if you Ikwed with him, what do you know of
his business? And then ofhinaseif he began
and told me : only this I know. That VralB
was an my master's chamber that oitffat, and
the PolauM' that mght went 4Mit wim a jpair
of boots under his arm, and more than this I
do not know. Said I, boy, who do yau serye ?
Says be, I have no master at present; but
mn of his own accord be told me, sir Thnmm
Thynn bad nroKused him a place, and in the
mean time, r am, says he, to go to aerre my
lord Privy-Seal; and oo noiyToed gave him
90r. for his wages.
Interpreter. My lard desices die boy may
he asked', whether he did not go to fetch
plwwc.
X. C /. Ask him ; where is the boy ?
Watts. No, 1 do not remember it.
L. C. J. Now, you should put the oooot in
•mind.
Sir Fr. Winm. We observe what a aovt of
iaterprelar sir N. JohniMm is : he speaks move
like an advocate Uian an interpreter ; he min-
gies iQterpfeter, and witness, and advdbate to-
getl)er, I don't know what to make of him.
L. C, J. The count had taken physw that
day.
i^ TAoimu^IT^n. My lord, I desire to be
heard, I never smdte to the boy in ail my lifo.
Mr. rAyiifi. Nor I. Bai he gave the same
testimony be ^ves now, bcfose the king and
council:
jL C J. Look you, sir Thomas, it does nat
ooacern you at all tospeak to tfaait, there is no
reieotioii made upon you in it But my Imrd
Ckmiogsmark, it wiU conceni you a htUe, to
shew upon what occasion eaptam Vratx came
to you that night that Mr. Thynn waa IdHed.
interpreter. He says, my lord, he cant
teU why he came there ; it is a proper ques-
tion to ask ^rntain Vratz himself.
L. C.J. That can't be.
Interpreter. He says, my lord, he kept his
chamber at that time; he had taken cold
upon his taking physic, and the captain came
to give him a visit, and he never reflected what
any one came for ; he was lying upon his bed.
L. C. Baron. Pray a^ my lord this : why
this man, tliat was sent over to attend horses,
should came upon tlie Friday, and a cam-
paign coat be boiiglit him on the Saturday, and
he nimiriied with a sword on the Sunday P
' Interpreter. My lord, the noise is great, but
I suppose your lordship desires to know what
was the reason why he Dought a sword for him
and a coat?
L, C. Btunm. Ay, and how he came by the
buff-coat ?
interpreter. He ^ays he had that before.
L. C. Betron. Bat why must he have sueh
aatrong baaket-bilted sword furnished him in
a day's^time.
^iitmrpreter. He aaye, my lord, •• to the
4
fe] WMrra TfrtlALS, S4 Charles 11. l682.— amf others, for Murder. [66
iSMiies^ ^Heii lie saw bun with all his clothes
leni, he must of necessity g«t him a coat, or
life he was a shame to him and hisi^enice.
And 19 for the sword, it \ras no more (he sa^^s)
ihaa what servants of bis bulk and making
ned to wear.
% If. Jokrt^m. And he says aQ t!ic servants
«f gjentlemeti it Gennany weai* such broad
tirordv.
i. C. J. You know it yoarself, sir f^athantei
Jbhosdn, you hart^trareUed there.
Sir.N^. Johnson. Yes, my lord, they do ; and
flie' Vo\es much broader and greater swords
Aaa the others* Here is one in court that
liffa a gr^at broad sword now by his side.
L. C. J- Now, my lord, it will im|)ort you
tft ^e some account, how, you having
troD^ht over this Polandcr (as you say) to
\htioae boTses, and help you in the mauage-
Bsent erf them, to take care of them in the
kahire of a oroooi, how yon came to part with
Mm to captekn Vratz as soon as he came over ?
Interpreter. My lord, he says, being that
tap was sick himself, and tliere was no hopes of
' iSic alliance between England and Holland, he
had na ^tmh occasion for him, as when he
%rrate ftnr him, and thei^fore saw no reosod to
fteep him.
X. C J. How long was it beftre that he
imts for Htnii ?
Coant. JFy lord, after the siege of Stras-
idrgh, when"^ every body thought there would
hwfe been a War, but it was not so ; th^efbre
f had not need of him, but he had been seven
#eek9 at sea ; and, my lord, it is a common
lOam^ iuQermanv.
Interpreter. He says, it is a common thing
id diehr coantry , to gpve servants aWay , if there
htriio occastoa for them.
Cnrnf. My lord, it is a common thing in
QeiYilany, it may be, it may not be so much
fMdin England to give a servant away.
jL. C. l^rpn. What, the next day that he
comes orer ?
t, C. J. WUat say yon, Or Nathaniel
Jblnisoit'?
flb If. Jxjknian. Yes, my lord, it is Yety
ifeqoent in Germany to give a servant away if
tbere benousenf him^ for these Folaadcrs are
Hke blares.
Interpreter, And, my lord; he says> that
Mr. Russel does know, that the merchant that
seat him over hither is a man of good repute ;
0eA' if this man had had an ill deputation in
(Sennany, he vvo'titd not have sent hitit.
' Witnctf. My loi*d, I know very well he is a
tan of very gfreat credit' in Hamburgh, and of
great estate.
LC. Ji Bid he send over this Polander?
Witness, Yes, my l6rd, so I understand.
X. C. f. Ctta 3'ou speak of his credit, sir
IKftbsiei J(^lm<«yn ?
* Witwag. Of the metclianfs credit I cian,
my lord ; I know him to be a man ^f consi-
derable estate and credit; He is a man of such
itpotaiiofi, tHal he would not send a man of an
m^utatiaii'.
TOi. IX.
i. C. Baron, Oh, Sir, ' Nemo . rcpente ftt
' turpissimus.' He could not be so ill a roan at
the nrst dash ; he must be a man probable tor
such a service.
•Sir Fr. Winn. You. may observe, my lord,
how sir Nathaniel Jubnsoii v ho is interpreter
in the case, is a witness, and argues for the
prisoner too.
Mr, Witliamt, Pray, ^ Nathaniel, is a
rencounter the killing of a man after this
manner ?
Sir N. Johnson, A rencounter is another
sort of thing', Sir ; you don't speak as if you
were a soluicr.
Mr. Wiihams: My being a soldier or not
is nothing to the business ; but the captain said,
he intended' to have made a rencounter of it.
Sir Fr, Winn, But, my lord," we desire to
take notice of sir Nathaniel's forwardness ;
for it may be a precedent in other cases.
L. C. J. What do you talk of a precedent?
When did you see a precedent of a like trial of
strangers, that coidd speak not a word of Eng-
lish; but you would fain ha\e the Court
thought hard of, for doing things that are ex-
traordinary in this case.
Mr. Craven, My lord, he desires he ifaay
inform the jury what he sent for this Po-
lander for.
X. C. J, Let him.
[Then the domA spake it in French and Dotch.]
9
L. C,J. My lord, another thing is diis, how
came your lordship presently to go aws^ in
such a private secret manner, and to direct
your clothes to be sent as it were to Windsor ?
And yourself to go away, and to make such a
private withdrawing of yourself down the
river in this manner F
Mr. Craven. My lord, he says, that one
Markham, that is here, came and told him,
^at upon the killing of this man by the Po-
lander and the captain, who were taken in
such a fact, there was a discourse of it that
it might turn to hb prejudice, and &at the
common people do commonly fall upon stran-
gers; that his tay lor told, him; that he heard
the common people name him' as concerned in
it^ and that he believed, if the common people
did catch him, they would tear him to pieces,
and so his friends did counsel him that ha
would withdraw himself.
L. C. J. Is the taylor here P Call him.
Interpreter, Call Markliam the taylor. (n^ho
stood up.)
Sir N. Johnson. My lord, he says, that he
was afraid the people might tear him to pieces,
before he could come to justify himself.
X. C. J. Look you, friend j did you come
to coimt CohiAgsmark's lodgings after Mr.
Thynn was killed, on the Monday morning f
Markham. Yes.
L. C, J. What did you tell him ?
Markham, I told him nothing, but I wa>
sent there by Mr. Hanson ; savs he, tell the
count that the duke of Monmouth and several •
noblemea have beeb here : ^o w I had not s^ea
F
671 STATE TRIALS, 34 Cuables II. 1 68£.^Trta/ fff Count Conhtgmmrk [69
the count at that time before, but he told me
ivhere he lod^d ; when I came there I, told
the count of it, but be told me he knew no-
things of it ; but, said he, I am sorry if any
such thine be done.
L. C. J. But what did you say his friends
advised him to about it ?
Markham, I did say nothing of it.
[Then the count spake to him in Duteh.]
Markham. That was aflcrwards.
' X. C. J. What was that afterwards ?
Markham, I was told, the people said, if he
were taken he .would be knocked on the head.
X, C. J. What time afterwards was it ?
Jilarkham, After he went away.
X. C. J. Who told you so then ?
Markham, Mr. Hanson told me so then ;
I would not toll a lie for all the world.
Count, He can tell also when I went away
^^-the rest he nwke in Dutch.'
Interpreter. He says this man can witness,
that heasked his man what inoney he had left,
and he told him that he had not above 10 or
11/. so he put his hand in his bag and took out
•ome, and put it into his pocket.
Count. So ill was I provided for an escape.
X. C J. Ask him that question; do you
know any thing of what money he took with
him?
Markham, No, I saw him take an handful of
silver, but what it was I cannot tell.
Mr. Thynn, He had 7 or 8/. about him when
he was taken.
Interpreter, He desires leave to tell it to
the jury, (which he did.)
Jt. C J, Now,, my lord, this will require
some answer ; how came you to tell those gen-
tlemen that took you, that he believed Mr.
Vratz and the rest would have done the duke
of Monmouth no harm ? ^
Interpreter, He says, the people told, when
be waa taken, that the di;ike of Monmouth was
in the coach, and that they did follow the
coach a g^'eat >^'ay, and would not do the ac-
tion till the duke of Blonmouth was out of the
coach.
Count, They did tell me, the croud that
were about me, that those that were taken said
that they would rot do it till the duke was out.
Interpreter, And he says, that gave him
sufficient reason to say to Mr. Gibbons that he
did behere they had no design upon his grace
the duke of Monmouth.
X. C. J. He heard it so commonly, it seems.
Now, my lord, there is one thing more that
you should explain yourself in, what you
meant by this when you said it would be a
stain upon your blood, yet one noble act in
war, or the lodging upon a counterscarp,
would wash it off.
Interpreter, He says, my lord, that though
he knew himself not guilty of any thing, yet
his being taken upon suspicion, and clapped up
in prison, would be a great disgrace to him, and
would be worse resented in his o^vn country
than tho thing itself was : It being not the
custom in his country to take persons of
quality prisoners in that manner.
X. C. J, Now, my lord, is there any person
that yon would have called to ask anr ques-
tions of? If you have, they shall be called.
Count, No, my lord ; nut if you please to
give meleaTe to tell something- that may be ne-
cessary. [Then he spake in Dutch . 3
Sir N, Johnson, My lord, he says, if yoa
will give him leave, though it does not come
very well ftt>m himself, yet he desires to say
something for his own reputation.
Mr. Williams, He should be armed witfi
witnesses to make his defence.
X. C. J. It is fit for any men that stand
heipeto say any thing that is reasonable for
themselves. My lord, if vou can speak any
thing that yOu apprehend the jury can under-
stand, speak to them what you please, so as
they understand it, but do not be t<x> long. ~
Mr. Craven, My lord, if vour lordship
please, he says he would spoik it nrst in French,
and then in German.
X. C. J. Ay, hut then the Englishmen of
the jury will not understand a wora of it ; he
had better speak in English to the jury.
X. C. X (North.) Bly lord, it u an indif-
ferent thing, it may be interpreted, not being
matter of net.
Sir N. Johnson, My lord, lie says it is a
great happiness in all nis trouble, that he was
in a country where he was^ to appear before a
protestant iudicature, himself hemg a a pro-
testant, and his forefa^ers also. He says, that
his fore-fathei-s, under Gustavus AJolphus,
were soldiers, and did there, with their swords
in their hands, and the loss of their blood, en-
deayour to settle the jprotestant religion in
Germany, and protect it there : He says, that
it has been the nonour of himself and his fa-
mily, that they have always been ready to yen-
ture their blood and their lives for the ad-
vantage of the protestant rdipon, as the ex-
amples of his g^randfather and father do shew ;
and there was never any thing done byhis &-
milybut what was done for the honour of
his country, and his religion: And he says,
that if any of his former actions can give any
the least snopicion of his hemg guilty of this,
or any foul lact, he is yery wilhn$[ to lay down
his lire, and very vrilling to have it cat off im-
mediately.
Count, Immediately.
Sir N. Johnson. He says, that he is yery
I'^^y* upon all occasions, to serve the king of
England ; and that he loves the English na-
tion so weO, as always to be ready to do any
thing to serve them.
Count. Without any interest in the world,
against the will of all my rdations ; and I have
brought my brother into England to be brought
up into the Protestant rdHgion, to shew mv
inclinations to the religion, and the English
nation.
L, C, J, Haye vou done ?
Sir Fr. Win, Yes, my lord, we haye done
with our eyidenoe, and we ha? e no mattsr of'
«
STATE TRIALS* 34 Charles II. l6sz.--aHd aiheri^for Murder. [70
&et to ivpiy unto ; batwe think it is oar duty,
oD^cieniig the defience my ]ord has mtfde,
t^ we should take some care to put the king's
ciidenoe a little togedier, it being a case ot^
aadi luiture, and so cruel and horrid a murder.
My Ixfecd, and you Gentlemen of the Jury, I
am of cofonsel here for the kine, and you are
nntlemeD upon an enquiry to nnd out the of-
ndeis in a very ffreat, a baiharous, and a wil-
fid mmrder. And, my lord, in relation to the
principaJs, J need not spend your lordship's and
the jury's time about them ; for all those three
men, that ate indicted as principals, do, my
kid, oonleaB the fact, though th^ do it in a
£ferent nmnner, and though in form of law
they hare pleaded Not Guilty ; yet when they
cane to be asked the question, their guilt flies
b their iiioes, and they cannot deny it. So
dbenibrthofle three men there is no need to
spend time in repeating the evidence.
But, my lord, that seems to require the con-
aideratioa (tf the jury is, whether this wicked
and horrid minder he only circumscribed in
the goilt of it to those three men that have
oonnssed it, car whether any rational man in
the world wiQ believe, upon the account they
give tliemselves, that they had only a design,
a study, or a deligfat to loll this innocent gen-
tleman. No, my lord, the thing must Tie a
fitde deeper, and there must be some other
icawn why this barbarous murder vras com-
mitted, 1 would crave your pardon for what 1
say. My hnd, I would not speak any thing
that afaomd mislead a jury in matters of blood,
and 1 tfaank it was rightly said by your lord-
ship, that when a man is tried for his life, we
ought all to behave ourselves seriously, as in a
matter <^ weight and moment. And so it is, I*
think, a Tery serious thing, and a matter of
eoDcemnient to us all to enquire who hath shed
innocent blood ; for such was this poor gentle-
man's blood that was killed, innocent blood.
My lord, this count is a very unhappy per-
son to have such a relation as has been proved
to be of the principals : I will do my lord no
wrong in the repetition, if I do, and am mis-
taken, I craTC your direction, I am sure you
wiU eorrect me in it. Two of the persons that
are piincipab, that was captain Vratz and the
Polander, happened to be persons relating to
my lord^B family as his servants. For it is
agreed by the witnesses that were thai comet's
frwnds, that they came over into England ivith
the eoimt, the last time he came over in that
private manner ; and it is likewise proved, and
not denied by him, that captain Yratz was fre-
qoenliy with him, not only to the very day
when this bloody fact was done, but afier that
peat crime was committed : I say, my lord,
It is a very mifortunate thii^ for this lord, that
th^ men should have so near a relatioa to
bim, who have had their hands in it, and can
pfe DO account why th^ did it.
My lordy I do know, (and your lordship has
yady directed ns) that no evidence from one
pisoner, or the confession of one can charge
(kothoB IB point of evidenuDes but J cannot
but take aotioe, that captain Vrats could giva
no reason in the world fur it, but as it were for
some aifrout to the count and himself. But,
my lord, the evidence that lies heavy upon this
lord at the bar, is made up of these particulars.
First, That here is a murder committed is
plain, then that this lord did fly, is also plain,
and when he did fly, gentlemen, he kept him-
self in di^^ise before that fact was committed,
and whether or no the reasons be sufficient
that he has given to your lordship, and the
jury, must be left to consideration. He says,
that he had not his equipage, that he was not
very well, and that he could not drink wine :
those I take to be the reasons given, why my
lord Coningsmark did conceal himself, till the
time after Uie fact was committed.
X. C. /. He was taking of physic, and ha
thought it might be prejumcial to him to drink
wine,, or keep c<mipany.
8ir Fr, Wtnn. But, my lord, these kind of
shifts, we think, are not able to balance the
evidence ; for that which is truly the evidence
is this, Mr. Hanson, who is very much con-
versant in that; family, and who did give his
evidence very linwiihiijdy ; yet, he dul really
confess that, which wDI go very far in tliis
case ; for afVer he vras pressed several tiroes
{your lordship, and the court, and the counsel
pressed him) to tell what was the reason of that
discourse he had with the Swedish resident,
and he was asked, Had you any command
from my lord Coningsmark? He answered
no : but, says he, I mought it would please
him, if I could have the opinion of the agent
or resident to know what tlie laws of Enghnd
were, if so be he called Mr. Tbynn to account,
and what the consequence would be in refer-
ence to bis design upon my lady Ogle, and
upon this he does go, and ask the question of
this resident.
. Now, What does he mean by this calling »tQ
account? We must take things according to
the reason of them. Certaimy it was soma
oflence that he had taken to Mr. 'i'hyno, and
that is ijlain in regard when he was asked what
the prejudice did refer to, Mr. Hanson was
pleased to name that great lady, my lady Ogle,^
and said she was mentioned, and he did desire^
to know what the influence of the laws of Eng-
land would be in that matter, if be should call
him to account.
My lord, I think, with submission, it carries
this m it, as if he had a purpose in his mind to
caU Mr. Thynn to account by quarrelling with
him and hazarding him in nis life ; I do not
undertake, nor would not, of myself, to ex-
pound it, but this I will say, it must signify
something, and nuist have some consideration ;
and without all doubt, a person of this lord's
quality would liot let ftdisuch an expression^
but for some end and purpose.
My lord, after Mr. Hanson bad given his
long evidence, which came so difficultly from
him, we traced it down by several witnesses,
Wright, Harder, and others; that this Po*-
landtr canK OYer, a» it happened, on the Fri-
71] STATETRIALS, 54Chablk8 II. l662.r*7Ka/ 1^ CbMl Cfinkigmm-k [ff
4ay, (which » a thing comes mighty dose)
npoa the Siitarday he is proviiled \nm a coat
and a .sword ; oa the Sunday he committed
this inhaman bloody fact. Now, it is a mighty
unfortunate circumstauce upon this lord, that
this should be a man whom my loi-d Coniugs-
mark should be so Tery much concerned ibr,
that because he was not come, he should be
afraid he had miscarried in the weather; to
ihat his answer was this, that he was sent for
cnrer by liim to look after his horses, and he
liad c(imc a great deal sooner, if it had not
beett ibr the storsny weather. But, yoar lord-
ship observes, that it was not above three or
four months before, and then by -his own shew-
ing tlie biuiiness of Mr. Tfaynn, and his mar-
riage with my lady Ogie was talked of far and
near ; and so, my ioriC it makes tlie sui^Mcion
of the malice the greater, that he who has
done this bloody murder, and has been so much
under the command of (bis lord's family, that
he should come but two days before, aitd tite
count provide him with a wword that very day,
and then tiiat letter from captain Vratz to Dr
Harder, which he carried to dhe count, and the
count ituifl, but of which he can tell you none
of the contents; that speaks something in re-
gard when the doctor went away, this iV>lander
was sent to the captain by the doctor ; bat
this is certain, however,, tnere was a sword
that was brought by the cutter, that sword was
oairied up to the count's chamber, that sword
was deliyeied afterwards to the Polauder ; for
he had it on the Hunday morning when he
went away with the boots under his arm, and
the campaisp) coat upon his back, with a buff-
coat under it ; and he went out, aitd never re-
turned till the iiftct %va8 committed.
I say, ray lord, it canies a vehement suspi-
cion, that he was privy to this murder, because
this was a servant at his devotion, and your
lonlship and the jury see what kind of a crea-
ture he is, likely to io any thing, being at the
command of so great a person.
•But then, my lord, to come closer to the
Cftitter, (for I will only repeat that which is
most material) tliere is the evidence of the
boy, who I must say, tells you a very sensible
story; he tells you upon what account he
came to him, that he was there ten days before
the murder was committed; he swears ex-
nressly, that the Polander lay there the night
before, was there that morning, went away
with the sword, and Dr. Haider with him ;
that this murder was committed about eight
O'elock at night, that captain Vratz came
buKtlinjj into the cotmt's lodgingn, where he
lay concealed, and the boy, by airreement, fee-
ing to »;'o home every night, staid tUl half an
hour past nine, and leil the captain there at
that tmie, and the captain had been there m
the morning.
My lord, surely it is a strange thing, and
much to be wondered at, that the captain, who
had tlie manajfement of this murder, had no
wbei^e to go ibr a refuge, but to his patron
my lor* ConiBgmnvk» re^mg hot witli Mr.
Tbytm's Mood, when ilie blow Was giveo^
within an hour after the murder ^mmitted,
(for so the boy swears emrcssly, ibr the ■blow
was given at eight o'clock) stni alterwardafae
went to the doctor's to bed, abfiot ten o'ckick
at nigiit, as the doctor hath confessed ; 1 take
that for a mighty evidence. And then^ mkf
lord, upon the Monday morning, when the
boy comes in, the count asks faim. What wae
the matter with tlie bustle in the street the last
night ? Will any man in England believe, but
that he had had earUer uewy of it? And §uf
what reason should he ask the question, if Mr«
Hanson speaks true, who brought the news in
from Whttebali ?
But tiie great question that we nwnder should
be asked the boy, is what Mr. Thynn was P
Which certainly was a very odd expression, if
we consider what Mr. Hanson says. That the
count had mentioned him in his discourse, sod
my lady Ogie too. One of the count's answers
was, It could not be imagined that he could
speak io a scullion-boy ; but you see the boy
swears it, and tells it so, as that it is rery
probable.
We now come, my lord, to give an aeosuot of
hb flight
The fother of the boy comes in the nmminr i
and I would observe, though be pretended bis
business and bis distemper brought bim over,
and that be was ill and under cure ; yet tbts
matter made the place too hot to hold bim ; sUi^
here he durst not ; immediately be forgot bis
physician's prescriptions, and gave order to bis
man to send awa)r nis things. Then the boy's
fotlier was sent for, and me portraantles are .
siven him, and he is told my Imd was going ti^
Windsor ; but when he came to Cbaring«Cross
the things are put into a coach in the Strand,
and from thencs they went for Rotberhitfa.
Then came the man at whose house he lay»
and he was a Swede, and by the way I "would
observe, the wlmesses are most of them my
lord's own friends, unwilling to tell the truth
until we get it (and that very nardly ) from them.
This man was very unwilling to tell bis know*
ledge, but begot him the clothes, which dothes,
by the bulk ot the man, one wouUl think would
hardly fit the count .: but the more he was dis*
guised, the more was* his security ; and wheu
he was asked this question, why ne desired to
have these clothes to secure him ? He said at
last. It was to prevent trouble. '
Now let us consider, my lord, whether tbd
count has given any answer lb that. Mylord|
there is nothing in what he said, under pardon.
He says, he went away, because he was afraid
the people would tear him in pieces, before he
could justify himself. If be were innocent, hs
knew where to go to be secure irAm any hurt
iVom the people ; he might have applied bim«
self to your lordship, or to any other magis*
trate. He is so ingenious he could not but
know he might have protected himself undef
the government, which protects and secures
say man whatsoever if he be innoemt.
I bavs these two tbiogv neoe to mcntiaB^
fi] STATiE T&IALi, 34 CJKA&LES IL iCBe^P-^Mdr Marfjwr Bturdtr. {JA
«dllM«itkrilfeNnieilto your tocUiip, «bi*
thejiuj ; anrf oba w liie eridpMf of Mr. Gib"
kMis,aiidJllr. Sid.
Mr. Kid girc^ tkA vtoh to ase k a reiy
Material efidence at* wiiat |ttawl ^en they
idzeii him : as they weraooming up the river,
the coant airiai him, whelher ttaw were. any
gaod Mgin^ in l^ewgale ? and pai$ieidaiiy
opraasad Ihs cave af tlw ca^itaiD, to ask wbe-
Iharhe were wcU lodged. Aadwheahewae
Irid tfiat Ibe Palander had«OB&Ked, he nys he
wenwd od the sudden 4o be vary MMch een-
CRved, bit his <doAeS| and threw hi^tisflf along
witfi aoioe agony. My ierd, «d iauocent man
seeded not to use any such actions.
Then onics Mr. Gibbons, n^o was mry in-
itnunental in tiie puisuiag of' him, and is known
to be an banest man, he gi^os lAiis avidenoe,
tbit when diere was a osoourse about Mr.
lliynn, an4 his old master die duke of Mon-
mouth, the ooont, presently replied, they meant
to bare done die dake of Monmou^ no harm ;
and waHring about the room on a sudden, burst
oat into this expression, This is a stain upon
my blood, but one good action in the wars, or
Issging npoa a counterscarp will wash it all
away.
^ow, ny lord, as to what he answers to this,
I lay any bmb may make that evasion which
b»Wb«ddekcuseit by, to say that the accusa-
tion ii a scandal or a slain, may be worse than
the guilt of the action ; buUyour lordship and
Aejary see iMainlv, if so be the thoughts of a
nan's own ieartlte that he is Guilty, it will
break oat some way or oUier. These things
1 only repeat, I leave thcMi to the consideration
sf the jury.
But when I have said ^is, there is ene thing
■lore, and timt is, above aU, relating to the
captain : says Mr. Gibbons, I did not know
tbat the oafjtsin had con^sed, but 1 did ven-
ture to say he had ; but the count replied he
M not l>elieve the captain had confessed.
My tard, yon see how the captain appears
bme you, and if the count wiH take upon bim
tossy, he does not believe the captain would coo •
^ ; it dotb strongly argue he knew as much of
Ibeeaplaifi'a mind as he himself. Then look upon
tbe resolute behaviour of the captain, the fa-
■uiiarity he Kved in with the count, that he had
ibvaysbeena dep^damt upon his family, it
•bewi some reason for bis assurance of secrecy
ftom the captain, l^iathe would not confess the
SBtbor of this most notorious murder, and it
hea heavy upon him. My lord, I look upon
IbediflCGvery of fiiis as a very miraculous thing ;
sad pray consider, gentlemen, where shall a
nongo to settle his thoughts i»r the original
besueas ? I>o you (or can you) think it was
ke^oD, invented and contrived by yonder three
BMn ^ To what end or purpose, or for what ad-
vaatitfeto them ? you nave heard the evidence
••£ ihave repeated to you ; you hfiv^ heard
^^tbis lord has said for himself ; how Ik has
M, and what has been done. My lord, I
^Bot use any thing of argnment to persnade
"^J^ ; bHtleamiotdKiie but say, we kaoir
no w&aictD fo4br 4^ asdhor of dhts vittulMNih
f^uot, usr wbsm to aBouse as 4he mme -oan*^
trivar, hut ibis ooont befoM yau. I pray 4ie
God of Heaven to direot yon in your en-'.
qairy ; and if I have said any thing aDnas,
I hi^ yoar pardon for it.
[Then a great ahou) was made» which the
court rebuked tbepeople for.]
Mr. Wmi«mi$, My kMrd, I did not thiidc to
have aaid ai^ thing more in this case ; but I
mnsterave yo«r lorasbip's and the jury's pali-
enoa for a few words. As for jhe three persons
at the bar (the Pole, the Captain, and the
Lieatenant) it is, gentlemen, very notorious
they aie g^nltjr m this most hellish mur-
der. But all the labour and difficulty of thia
matter is, haw iar tiiis ooont is Guilty or Not
Guilty.
Ptb^, gantkmen, do hut afiserve tiie nateie
of this crime, and the manner of our evidence
that has been g[iven you. The crime he is ac-
ouaed of| is, ibrbemg acceaaary to a witfhl
murder: accessary tefore the fact; contri-
ving of it, and laymg the train, whidi these
nereons wai« made use of to fire. This
being so, it is almost impossible to give you
that dear ttgbt and pregnant proof against an
accessary, as against the principals. The
principal is he that doth the fact; that is
notorious and open. Ilie accessary is the per*
son that prepares the scheme, contrives the
management, first setsthe wheel on wciric, gives
the necessary instructions, who lies behind the
I curtain. Now, considering that, and the nature
' of the thing, it is impossibly to nve a dearer
evidence than what you hat« had.
Pray, gentlemen, do but first consider who
hath been the privadees and the intimates itf*
tllis count, with whom he has had conference
since he came into England, Hanson and Dr,
Frederidc, who are brought as witnessea
(though unwilling ones) against him : the boy
that was employ^ by him ; he is in no other
hands ; I cannot bear he was amon^ any other
persons but these, and captain Vratz, and the
Polander. These are his company, and those
alone with whom he had conversation. Now,
gentlemen, that we should be abl^ to produce
Siese very men (that were his only companions}
i^inst him as witeesses, is a mighty things
considering the privacy he lay in.
As for Vrats, his most intimate privado, he
easneover with him into England, liw'd arith
him in his first lodging, and was ooutinuallj^
with him dnring his utay. 8o then, W hat can
we oqiect about this man, gentlemen, when he
had laid his design with all the privacy he
could, would have as little conversation with
Englishmen as he joould. It was very craftily
laid, that h? would converae with none but those
that were privy to his design , or had an 'han<t
in it in a ^eat measure. 'Then pray considet
how it was carried oo, gentlemen; Vrata^
who was the great commander, and the Po-
lande)r, who was the immediate actor In it, bad
been his oimsefTanls. TratSi Isay^hehadft
7i] STATE TRIALS, 34 Cbahles II. i6Sfi.'^T)rial of Count Comngsmurk [76
great confideaoe in ; he came orer vrbik him ;
and will not ta^ man believe, tlutt this man»
who eat of his mread, who lay in his family,
was a likely man to do this for his sake, that
thus cherished him ? For whose sake, pray,
can it be thought to be? Not for his own
sake ; for the captain tells yon he never had
any communication or conversation with this
nnhappy gentleman, Mr. Thynn. So tiiat if it
w^ as they Would have it, that they did it out
of respect to this count, who was thecaptain^s
friend, it will turn upon the same point, and
confirm the suspicion. Why should tibe Po-
lander do it, if he had no reason to do it upon
his bwn account ? For he never saw the face
of Mr. Thynn, but was brought hood-winked,
in a manner, to the fact
Therefore whether it were not done for his
sake, is that which you are to consider ; and as
a proof that for the count it was done. I shall
nitch upon one circumstance that will bring it
, nome to his door, and that is, the evidence of
llanson, his brother's tutor : And, by the way,
I cannot but repeat it, that this thread goes
through all the cloth, we have no witnesses -but
those of his own faniiliar acquaintance and de-
pendance. Now Hanson has (though very
shufflingly) told you, the count and he iiad
some discourse about my lady Ogle; and
though we cannot come to know all the drcum-
stances, yet he does acknowledge so much, as
that there was mention made of requiring satis-
fiiction of Mr. Thynn, or some account of him,
and what might be the consequences of the
laws of Engluid, in reference to my lady Ogle,
in case he should call him to account. So far
be is plam, though he will not tell what the
discourse was ; that there was a discourse of
my lady O^le, of Mr. Thynn, of askbg satis-
&ction of Mr. Thynn, or calling him to ac-
count, and what the consequences m law might
be. And pray, gentlemen, observe, being to
take advice about this matter, they would not
consult an English lawyer, though I see one
behind him now, but a foreigner, the Swedi^
a^nt ; not ask the opinion^ one man of this
kmgdom. And then he gives you a mighty
reason for it, That the Swedish rendentknew
reiy well how to advise him in'this affair, l>e-
cause he had lived in England about 19 years:
80 that aU his acquaintance and friends, the
managers of the business, and those consulted
with about it, all outlandishmen; I cannot say
they are all guilty, but I will say this makes
our proof more difficult.
Gentlemen, This being taken notice of as a
DUghW circumstance, I woukl bring it a little
mort home to this gentleman, whom we accuse
as accessary belhre the ftMt. Pray consider how
all along he ky skulking, and hiding himself in
disguise, and shifting his lodging from place to
place. I need not repeat it, nut I would desire
you to think of what was concurrent with that
▼ery day, and, as it were, concomitant with
the very murder, and that will appear to be
sufficient to satisfy any rational man. We
u% Bot pickii^ up an evidence upon flying
vol
his
nai
woads, or nnconclndingf circomstances, but we
offer fads to you, the facts ai-e to guide yeu,
ou being to compare facts with facts. As to
lurking and hiding, this gentleman gives
u no manner of rational account, that he
ad any business with any man in England
that should occasion his lying* private ; but only
he tells you, he laboured under a distemper
that he would not have discovered ; and yet
take him in that very distemper, and in tha
process of his cure, as soon as this fact is over,
the next morning he values neither his disease
nor his physic, hut goes bv water, and made an
attempt to fly abroad, nill any understand-
ing man believe that he came privately into
England, that he lay skulkin^^ here, that he
made use of another name, and other clothes,
that he should do all these thinga, and rnn
away so immediately after the fact was done,
and all only because of a little distemper of
spots on his breast ?
But then» says he, it was reported in the
world, and told him the next morning, that the
Sople, the rabble, would tear him in pieces.
e was asked where he had this report, and he
brought up a taylor, and depended mightily
upon it, but the taylor denied it ; and, gentle-
men, he that &ils in one thing he says, is not
to be credited in another without g^ood proof,
lie fs&ys, that he said no such thing, so that,
eentlemen, this fictitious aigument of his fear
Sills to the ground.
Then ol»erve what fiiDows upon this vil-
lainous fiict ; he flies away privateiv, he goes to
a Swedish house at Rotnerhith, from thence
by a Swede he must be put into a sculler, and
that sculler must be towing of him. for several
days together, till he come to Graveeend, from
whence he was to have gone over sea. Pray
lay all this together, and weigh it well, and see
if you can imacine any other reason for it ally
than what we tOled^.
I would observe it to you, Gentlemen, and
pray think of it, what the count has said to
you in his own defence in so many languages,
without proof, must pass for nothing. The
court has had a great deal of patience to bear
him, and shewn him a great deal of fiivour in
permitting it ; but without proof, I say, it all
passeth for nothing. And wnat proof he hath
made of it, I must submit to you ; for I will
not spend your time in running into particu-
lars : And where be has proved any thing,
pray compare facts with fiicts, especially that
concerning the captain Vratz, which is not, in
my opinion, to be answered; that be lived
with nim, that be should be with him on the
Sunday miming, that in the evening he should
come thither a^n after the fact done« that be
should be left m his chamber, and continue in
the house so long. Will any one believe, that
when Vratz eame over with the count from
abroad, ktdged widi him here, viras every day
with hihi in ^miliar conversation, should come
that morning before, and in the evening im<)
mediately aner, and stay with him so long,
and yet ma oount be innooeDt ? N»y» will ail
uiy man rttber absolutely conclude him an ac-
teesaryiQ themuxder?
Th^ gentlemeti, take into consideratioD his
ffighl, and endeaToms to escape out of the
hands of justice ; if there were no more, that
is a great ev^idence of his guilt, hot you have
much more, and as strong as you can desire or
expect. He says he was afraid of the people ;
al^ ! he needed not to fear that, he finds a
Tery f»xr and generoos treatment here; he
knew the temper of our English nation well
CDoagfa, to know they do not presently fly in
BMo's faces ; and he could not but know, he
m^lit, without danger, resign himself up to
Ike law if he were innocent.
Gentlemen, we have given you a fair and
MlerideDoe; we have offered you sufficient
proof in iiiet, and have offered no shams to
yon ; and I do not doubt but you will do right
to the honour of England, and the justice of
the natimi, which are deeply concerned in this
U J STATE TRULS, 34 CttABtBS II. 1 (J8t.— jwrf othenjcr Murder. [7$
with a murderooti mtent, and a murder followed.
And I must declare this for law to you, that
this is murder in them all, if you believe them-
selves ; so that I think there is little, very littio
for you to consider conceroiuff these three
men, but according to what they have acknow-
ledjfed of themselyes both before the council^
and here likewise in your own presence, thej
seem all to be guilty of this murder.
The more doubtful question is concerning'
count Coningsmark, that stands here befbra
you, for he was not at the murder, nor is h%
charged as principal ; and the question will ba
as to him, Whether he commanded, or gave
any authorityor directed to have this murder
committed ? That is the thing that is now
charged upon him, and without that, he cannot
be accessory in tins case.
Now, gentlemen, you must connder as to %
that, several things are certain and positive ;
That this Pobmder was once his servant ; that
he was brought over from beyond sea by his
order; That he was given by him to captain
Vratz ; That Vratz was his gi-eat acquaintance^
and lay in his lodgii^ some time, though not
at this very time. These things are plain :
Now what answer is given to thu ? You hear
he says, the Polander was taken for him, and
hired as a servant beyond seas, knowing that
he had skill in horses ; and the count having
remitted money to buy horses, he was willing
to have him manage the horses, and to bava
his judgment in them, and sent for hhn threa
months before for that purpose, and that ka
came for that purpose ; bat knowing that the
occasion for which he was to buyhishorsea
was past over, there being like to be no war,
and therefore there would be occasion for
horees, he was willing to part with the Po-
lander, as he says, is usual for persons of qua-
hty in his countiy to do upon such occasions, to
five their servants to one another ; and 8a»
avioj^ cloathed him fint, he gave him to
captoin Vratz : And yon hear how mvt€k aC
this is made good by witnesses, and how far
this IS satis&ctory to you as an eicine and
reason for this, I leave to you.
There is mdte too that is very plain : H m
apparent that the count bid him come to bia
lodging afW this murder was committed.
According to the calculation of the time, it
must he after the murder, for that was about
eight o'clock, and he was there about nine.
You hear what answer the count gives to that ;
that he came as formerly he had done, ha
knowing nothmg of this, nor of Mr. Thynn'a
murder, and that he did not sp^ to him con-
cerning it.
The next thmg, gentlemen, is, it is plain
the count did lie private when he came to
Sngland ; uid he tells you (he brings tfaa
octor to witness it) his occasion of priyacy
was, because he had a sickness, which he waa
loth should be known, having been foi:merlj
in splendor in Ep^land ; but now without has
eqmpage, he would not publidy appear ; and
he was afiraid* |f he appeared in oompanyi ha
^Then there was a great noise made.]
X. C J. Look you, gentlemen, the counsel
Ibr the king* have been very large in the re-
peating of the evidence, therefore you must
not ezp|ect from me, that I should go over it
again in the same method that uiey have
done. I will duect you a tittle as to some
points in law, as to this case : Here is, as they
tefi you truly, a murder as horrid and barba-
reus as peradventure can be committed upon
any solyect. It is a murder of a very bad na-
ture, so that the rejieating of it is enough to
make all men abhor it ; it needs no ajsfgprava-
tioD, it la in its own nature so veiy barbarous ;
and those {gentlemen that had a hand in it,
must certaroly needs be ashamed, and look
apon themselves as not fit to be accounted men,
whoever they be. that had any hand in it, so
barbarous and inhuman, and base in its own na-
tore, and so unwoithy of a man.
I must tdl you, gentlemen, when one man
shoots another, and two are with him, tiiough
they do nothing bat come on purpose to coun-
tenance that evil fact, that is murder in them
all ; aU that were present are guilty whenever
•ocb an act is done : And three or four coma
together, and one does the fact, and the others
stand by to countenance it, whether they be
there to bring the party off, or to animate him,
and put faim into a condition that he may mur-
der and kin, it is murder in all, and they are all
asegnally euilty as he Uiat' shot, or actually
jsrethe bfow.
Now as to these three persons here, the Po-
hader that shot, Vratz who was with him and
stopped the coach, and Stem that was by with
wm, they do all acknowledge themselves to
be thane at thb n^urder ; theleast they say for
themsdves, is, that they came to countenance a
lichting- with Mr. Thynn, that is the least any
of diem say; for captain Vratz makes tibis his
«K08e, that he intended to kill him (as he calls
^ fiurH-, andthe others were to stand by to let
kflimHatheh«8tof it; so. that they aU came
79]
"f RIALS, 54 CHAttLfis n. iCSZ.'^IVial 0/ C&funt CatUngstiUtrk [80
should be intioied to drink high, and that would
veterd his cnre. And the Doctor tells you, he
i^as ander his hands for core of his disease,
'ivhich WB» somespots upon his body.
Itis^aintoo ttiat count Coningsmark did
gO' away the nett mornings after he had heard
«fthe murder, he acknowledjfeth it himself ;
toi* that he did conceal himsdf upon the water,
and was taken in such a manner as the wit>
tIMnes speak. But withal, he tells you the
^ecasion of this was, a stranger here, captain
Vrttattm he beard, was accus^ for the murder,
widsozed, and he did not know what this migfht
•ceasion to him ; how the common peonle
taig^ Ml upon a stranger that was of that
man's acqaaintance ; and it was through his
Hear of the people Hest they should Ml upon
him before heooulo vindicate himself) that he
* Withdrew himself, and concealed himself in
this manDer. As it was told you fo^ the counsel
H; was an unreasonable fear in him, for there
ii no such disorderly proceeding (we thank
Sod) in^Bngland ; but he tells you he was
alhud of it ;' and if he were, being a stranger,
lie might not know our constitution so well.
But f most tell ymi another thing for law,
ffentlemen, which was urged by the counsel
mt the Idng. Captain Vratz doth say, that he,
knowing of an aflront that had been given to
the count, and having received an affront him-
telf, he did, without the count's knowledge,
4o this murder, for revenge, upon Mr. Thy nn.
It has been said by the counsel, it will be alt
^ne whetiier it were with the knowledge of
•aunt C^oningsmark, or not. Now, I mu«3t
tall yon, gentlemen, the law is not so : for if
4 gentleman has an atfront given him which he
4tes aeem to resent, if any of his servants ofH-
cioasly, without acquainting him with it, out
ef ttM-muoh zeal, and too forward a respect to
Aeir master's honour, will go and pistol and
kHI kiffl ttiatthey ap|>rehend has affronted their
Mailer, he notlaiowing of it, it will not charge
Aeiv master with any guik at all. The law,
fMitlemeii, is noTso aswusumd ; for ifit were
1lMio«C ther eount's know)e<%e and direction,
if a zealous captain has gone and over-shot
kidH#tt^ out of respect to fats master's honour,
fpHea- rMHyit wii;»a dishonour to himself, and
IH'IImI were acquainted with it, this cannot
Be mpmt him to make count Couingsmark
fciky. But it liesupon me 10 direct you, for
sillarMap yon might swidlowit as a maxim, to
toflll one m law, which it is not.
So^Bt it win return to this, whether here
Iferany proof that count Coninsfsmark did con-
iMI»tb>thi8-niurderv or any ways* countenance
the lulling of Mr. Thynn, or command any of
Hmm persons' to 'do it.
Ibea4iyoii| gentlemen, thef« are some sns-
fMooa speeeh^that are mentioned' here of
m coont's. One is, that the boy should say
Act tiK ooont asked him whethtr men might
Hie in Lond^m on Sundays? You hetfr what
AMwer is given to that Hie count denifth
>at he asked any such question : and to shew
vd |iivveihat«uch« question ooidd not hkdy
5
be asked, be toys and proves, by /RverM per-
sons, that it was an ordinary thing fM- binwdf
to ride on Sundays in Hyde- Park, belbre this
business long.
It is also said, that when he was tadceo, he
should say, that he did believe they intended
the duke of Monmouth no hurt. Now that he
said'these words he doth not here deny ; but
he says he spoke it upon the common report,
that these men had watched the coach till they
saw his grace out of it, and then they do thn
villainy ; so that he apprehended the^^ had no
design to hurt the duke at all. This is tl!ie
answer he gives ; how satisfkctory it is I
leave it to you.
Then as to those other words ; that it would
reflect upon his family, and stain his b!ood ^
but he presently recollected himself, and said,
one brave action in the wars, or lodging upon a
counterscarp, would wash it ofp. Y^u heat
what he says to that : he looked upon it as an
injury to his family, and it woul'i ht* some
stain to his blood, Uiat be should be accused
of so base and unworthy an act ; but that ac-
cusation he thought misfht be washed' off ; and
so, though he were mnocent, it might be
looked upon as a stain, wbidi a hi-ave beha^
viour in the wars would wipe off".
Gentlemen, thus, as near as I ean, I' bare
given you an account of the most materiid
mings that are objected against him, and hik •
answers to them. I must leave it to you,
whether upon the evidence which you have
heard, you do believe that this murder was di«
rected or countenanced by count Coningtfmarte^
Ifit were, he then is Guilty as accessory be-
fore, end you must find it ; but if you believe
he did not know it till afler the murder was
done^ then he is innocent; and -you must atN}uit
him. And upon tlie whole, gentlfuien, I
must leave it to you.
[Then, it being late, after an officer was
sworn to k^ the jury, the Court acyoumed
for a while ; and in an half an hour returned ;
and sent for the jury, who came in and answer-
ing to their names, gave thib verdict.]
CL of Cr. CSentlemen, are you afi agreed of
your verdict ?— Ototnet. Vcs.
CL of Cr. Who shall say for you ?
Ofnnes, Foreman.
CL qfCr, George Borosky, alias Bontzf,
hold up thy hand. (Which he did.) Look
u^on the prisoner: how say you? 1% he Guilty
of the felony and morder whereof he standa
indicted, or Not Guilty ?
Foreman, Guilty.
C/. of Cr. What goods and chattels, lands
and tenements ?
Foreman. Noneto onrknowledgeu
CL ofCr. Christopher Vratz, hold un thy
hand— Is he Guilty, ^c-^Bntman. Guilty.
CL (fCr. What goods, &c.
Foreman. None to our knowledge.
CL ofCr. John Stem, hold up' thy band<-*
Is he Guilty or, Scc.^ Foreman, Gttnty.
CL of Gr» What goods, Sec.
tl] STAT£ trials, 34 CHARLfes II. \6S2.'^nd others Jor Murder. * [Sr
Arenran. None to our knowledge.
CLofCr. CbarieB John Coningsmark, hold
1^ thy hand, (Miich he did.) How say you,
it be Guilty of the felony whereof be stands
adicted m acoeasaryr before, or wit Guilty ?
fbreman. NotGuihy.
CoimtCoii. God bless the Idog and the ho-
imnblebenc^.
CL <f Cr. Then hearicen to your Terdiet as
die Caurt-hath recorded it, you say that George
BoHMky, 6cc. and so yon say all.
Tben the jury was dismissed, and the Court
oidered a recognizance to be taken from Uie
count, with three sureties, to appear the next
aesnons, and to answer any appeal if brought ;
arfter which the judges went away, anu the
Rconler, with the lord mayor and aldermen,
Hayed to pronounce sentence on the convicted
maJe&ctors.
Cl.qfCr. Keeper, set George Borosky .to
tiie bu-, hold np thy hand, (which he did.)
Thoa standest oouncSed of murder, for killing
niOBiaa Ttiynn, esq. what canst thou say for
thyself why the Court should not give judg-
■CBt upon diee to die according to law ?
InlerprHer. He says, he prays God to have
■wtcy upon him.
C/. <^ Cr. Tie him up. Set Christopher
Tnistothebar.
Imterpreter, He says he hears lie is con-
demned, bat he was nerer rightly examined,
nor fiiirly tried.*
C/. afCr. Set John Stem to the bar.
Intervreter, He says he did it for the cap-
tain's sake, he went as a second along with him.
Then the prisoners being tied all up by the
csDBCiitioiier, prodaroation was made for silence,
dunng the pronouncing of the sentence.
Mr. JRitcorder. You the prisoners at the bar,
Geoige Boiosky, Cbristopoer Vratz, and John
SleiB, yoa have been all mdicteii for the
■nnderof a gentleman of great quality, Mr.
Hi^ii ; a great, and heinous, and a crying
erime, that crits aloud for vengeance : you
hare been hroo^bt to your trial, and trieil in-
^fferently by a lury not consisting only of the
countrymen of the party slain, but compounded
of Ibrogners and freeholders of the county
too. These impartial men have found you
Gotl^, and indeed the plainness of your guilt
b such, that you yourselves have acknow-
le(%ed yourselves Guilty. For when you were
tfiprehended, your ffuilt did so stare in your
BO», and yon could give so little an account
bow you faiad bestow^ that time wherein he
was mardered, that you were forced to confess
your interest in the nict.
It is omr duty to pronounce the sentence of
* ^ This was because when the evidence for
Aeldng was finished, he was never asked what
he had to say for himself, which ought to have
haeo done, as is usual in all cases, but is not un-
fikdr the Court were apprehensive he mi^ht
Hy tap giiih on tb^ Gowit" Fonn^ Edition.
you «.
the law against you upon this conviction ; but
it is also our usage to open the nature of tho
crime for which the convicted person is to suf-
fer death, for the conviction of the offenders
themselves. Now your crime is one of the ,
deepest die ; it is the wilful shedding of inno- •
cent blood, to which you could be Fi^d by no-
thing but what you are charged with in the
indictment, the motion and seduction of the-
devil. This crime of murder is put into the
highest and foremost rank. When God him-
seU* had given laws to the world under the old
administration, after tlie coipmand of honour-
ing father and mother, in the next place he
forbids murtler. This crime you- have com-
mitted, and that with the most aggravating
circumstances tliat I have ever kno^i'n attend
any crime of this nature. It was committed
upon a gentleman of great quality, that was so
far from giving you any provocation to it, that
you acknowledge yourselves you nc^er had
any communication with him. It was done
upon a day when yon ought to have exercised
and busied yourselves in acts of piety and reli- •
gious worsdiip. It was done in the streets
of the cit}-, near the king's royal palace. But
the g^reatest cu'cunistance of all, is the doing
of it in such a manner, that is, it was done by
way-laying ; a sort of killing the most unwor-
thy, the most base, and the most ungenerous
of all other. For that it gives the party as-
saulted no liberty for any prevention, or any
defence by any prudence he can use ; and the
consequence of it is, as nmch as lies in the
malefactor, to destroy as well the soul as the
body ; by sutji an insidious murder,, to take a
man out of tliis life, before he can have any op- «
portunity to prepare for anotlier life. There-
fore in our public solemn prayei*s in our church
it has very justly and worthily been made part
of our liturgy', to pray to be delivered from
murder and sudden death.
You that are strangers in this country, if
you had been tried and convicted of a breach
of our municipal laws, the pecifliar laws of this
kingdom, much indulgence mi^ht be shewn ts
you because of your little acquaintance with 'the
Jaw. But that is not your case: Your offence
is a transgression against the law of God, writ-
ten in large characters in the nature of man.
It is against the laws of all nations, even yonr
own country from whence you come, and any
other countiy wherever you could ^, are
severe in then* laws against that by which you
have broken the law in so foul a fact. The
very barbarians could say, This man is a mur-
therer, and divine vengeance will not suffer
hun to live ; so that they all think the divine
vengi^nce concerned to revenge it.
You hare slain this innocent gentleman,
which is but a smgle distemper as it conceitia
him, but if it should go impunished, it would
turn to a pestilentialeontagion . If such assas-
sinations and murders of persons should not be
severely punished, it were a greater woe than
ever was brought UM&this kingrdom. There-
fore it is thought & by his saajesty, to makt
G
fej] 8TATC TllIALS, 54 Charles II. \6^2.^Trial of Count Qfiting$mark [8i
Itis justice signal and exemplary upon those
that have thus basely and inhumanly brou^e^ht
themselves under the censure of it. That when
the fame of this barbarous action shall go
abroad, his justice shall also be celebrated upon
the actors, and that this kingdom is maintained
by justice.
' I have but one thing more to say to you,
and that is in tenderness to you yourselves.
You are to consider that you are to receive
another judgment than that you will be con-
demned by uere, and that you may be pre-
pared for that is your great and your only
care. Now it is repentance that is the only
antidote against the sting of death. Yon can-
not be fbuiid innocent, yourselves acknowledge
your guilt ; then let it be yotir care to be found
penitent. For that purpose you shall have the
assistance of some of our learned divines here,
and you will do well to hearken to their good
counsels. I pray God you may submit to jus-
tice patiently, and that your contrition may be
correspondent to your crime, and so you may
obtain pardon and everlasting favour from God.
It remains only that we pass the sentence of
the law against you, which is thb:
" That you snail go firom hence to the place
from whence you came, from thence to the
place of execution, where you 6haU be several-
ly hanged by the neck until you be dead : And
the Lord have mercy upon your souls."
Then the prisdners were carried away, and
the court adjourned.
On the 10th of March following they were
all three executed, according to the Sentence,
in Palhnall, in the same place vthfire tbey had
committed the murder. Stem and Bcirasky
left each of them a paper signed with their own
hands. Capt. Vratz would make no Confession,
but persisted in denying what the others had
owned ; never man died with more resolntion,
and less siens (^fear or disorder ; his carnage
in the cart Doth as h^e was led along, and at
the place of execution, was aatonisnHig; hm
was not only undaunted, -but looked cheerfnl,
and smiled often : When the rope was put
about bis neek he did not change colour, nor
tremble, bis legs were firm under him ; he
looked often af^ut on those who stood in bal-
conies, or at the windows, and seemed to fix
his eyes on some particular persons ; three or
four times he smiled ; he would not cover lii^
face as the rest did, but continued in an un-
dauited manner, looking up to .heav6n with a
cheerfulness in his countenance, and a Utde
motion of his hands. Being ^ked, if he hod
any thing to say to the people, he said no.
When they had stood aboal:^ a quarter of an
hour under the gibbet, after, they had heed tied
up, they were f^ed, when they would giv*
the signal for being turned off ; they answered
they wei:e ready ; so a little, while after 1h«
cart was driven away ; and thus they ended
their lives. Captain Vratz was permitted to
he buried, but Stera and Boroaky w«re hanged
in chains.
The Last Confession, Prayers, and Meditations of Lieutenant Johk
Stern, delivered by him on the Cart immediately before his
Execution, to Dr, Burnet. Together with the Last Confession
of Geouge Boroskt, signed by him in the Prison, and sealed
up in the Lieutenant's Packet. With which ah Account is
given of their Deportment both in the Prison and at the place
of their Execution, which was in Pali-Mall, on the 10th of
March, in the same place in which they had murdered Thomas
Thynn, esq. the 1 2th of February before, 1682. Written by
Gilbert Burnet, D. D. and Anthony Horneck, D. D.
An AccouKT of the Deportment of Captain
Vratz, Lieutenant Stern, and Geoegb
BoRosKT, the Murderers of Tho, Thynn^
esq. both in the Prison^ and at their jEse-
culion,
FOUR days after the barbarous murder of
Mr. Thynn, which filled all people's minds
with a jnst horror at so rile and inhuman a
fact, I was desired to go and yisit the prisoners.
I carried Dr. Horneck with me, because I
heard that Borosky the Polonian spake no
other lan^age but Polish and High Dutch.
We waited on the captain, but he was unwilling
to enter into much discourse with us ; and ad-
cooncil, that he only intended to fight irith
Mr. Thynn, and that the Polonian had mistook
his orders when he shot him. The lieutenant
said at first nothing, but that he was in tht
companjr of those that committed the fikct»
without intention to murder any ; and if for
that he should be condemned to die, then said
he, « Fiat voluntas tua,' Thy will be done.
The Pokmian was free and ingenuous in bii
confesaon, and expressed great sorrow for
what he had done. But within a few days I
went again and found the lieuteiiant wonder-
fully touched. He teld me that the morning
after he was first taken, he awakened fall oi
horror for what he had done, and the first
hered o what be had confesMd befi>re the [ thing that came in hit mind was the 0th rerse
kS) STATE TRIALS* 9i Charlbs II. le^i^j^-^gmd aUur$Jar Murier, [S$
tiP9, xzzii. *' Be ye Dot as the horse and tiie J of bis hearts To this ha added a short accouu^
mule which have no anderstandhig', whoae of his life, and a confession of the crime i'ot
mouth must be held in witli bit and bridle." vrbich he i?as to suffer. •
lliis he applied to the irons in which he was» He oflen wished that from bim, all that stood
md then D^an to reflect what a beast he had might take heed lest they fell, for once Ii#
been, and tluit it was fit he should be shut up thought himself as little capable of committiug'
in a prison, and fettered as he then was ; upon | such a crime, which should bring him to such
that ne looked back with horror on what he , an end, as any man was. He was the son by
bad done, and began to cry earnestly to God the lefl hand of a baron of Sweden, who was
for mercy. made a count before he died ; but he did not
He continaed some days in doubt whether carry his name, because he was not legitimate ^
be oug^t to confess or not, and was in that and he would not have his father's name to he
^"jdety when I saw him first, which made him ' published, because he was now such a reproach
I to it : He applied himself to the war, but in alj
these 23 years in which he had been tiavelling
up and down the world, he had led a much
lay nothing at that time ; but he said after-
wards he round such inward compunction in
bts mind, that he wished to die j he grew
weary of life, and hated himself so much that
he was glad to do every thing that was lawful,
which might be a means to bring: him to be a
public example, and to suffer in this world for
bis sin. Upon that he made his confession
to the justices of peaqe, and found hunself
mnch at ease when that was done. He turned
himself ailer that wholly to God, and found
that then he was entirely out of die snares uf
Satan, and the hold which, the Devil had of
him. AH the rest of the time of his imprison-
ment, except a few hours of sleep, towards the
mornings, ne spent in reading the Bible, and
some odier good books, particularly Dilheren's
Way to Happiness, in High Dutch, which he
valn«l highly, and Tliomas a Kempis's book
of tbe Imitation of Christ, and some other
books of devotion. He thought it was also fit
for him to leave in writing a warning behind
him to others to learn by his example. He
was not bred to letters, ana so he said he knew
what he should write, would appear simple to
those diaft delighted in learning, or polite Ian-
eoage j but he said he would write from his
heart, and prayed Goi it might have a good
tSeet on others^ He had travelled np and
dawn Europe 23 years, being then in the 42nd
year of bis aspe, and he hwi observed many
tfaiogs though be had no literature ; so he said
he woiild leave an exhortation to all sorts of
people with whom he had conversed, and tonch
those sins which he himself had known many
of diem ffuilty of; and he said that if his writ-
ing shoi& become public in Germany, or in
other places where he had been, iie was con-
fideat that many might read it, who would
know for what reason be had writ maigr pas-
sages in it, and might perhaps be moved to re-
flect on those sins of which they knew them-
setves guilty, and would understand his mean-
ing better dban any others could. When he
hu writ it, he gave it to me four days befofe
his exeentioD : he had dashed and cnanged it
ia many passagto, which he said he ipi-rit at
more innocent life than might be guessed from
such a conclusion of it. He had early a scusff
of the fear of God before he came abroad intp
the world, which never \eii him quite till a few
days before this &ct ; but was always such i|
curb on him, that he never fell into tliose sins
that are too common among those that follow
the war. He was so litde guilty of plunder or
oppression in his quarters, that ne said he was
sure less than 20 crowns wpuld pay all that-
had been ever taken by him. He was nevcu
guilty of any act either of cruelty or treachery,
of rapes or blasphemies, was never false at
play, had not the custom of swearing, nor did
ne fail daily to pray to God. He had always
a compassionate nature : He was not a little
lifted up widi the courage that he had shewed
on many occasions, and had been very sensible
perfecdy satisfied in his own mind with that
religion, and detested the idolatry that he saw
in it. But he was much corrupted with that
principle which is too common in the wprld,
that it a man was honest, and good, he might
be saved in any religion : and that it was tit to
be of the religion of die country where on«
lived : Yet he said he could never look on po<«
pery but as a contrivance of priests for govern-
mg the world. About a year ago he cnanged
his religion and retarned to be or the Ausbai^
Ck>nfession. Last summer he came to Eng-
land, beioff then out of employment, and in*
tended to nave got into the Guards ; he grew
acquunted with (or found) captain Vrats here,
for I do not asmember well whether he knew
hint first here or not.
For the particulars of his confession I refer
the reader to his own paper, only one passage
which he has not mentioned will shew cleaiTy
the temper of his mind, when he writ it : He
told me that aflcr the captain and he bad talked
of smidry poignards for giving Mr. I'li^nu th^
fint, woen there was yet too much of the spirit fatal stroke, the captain spake to him one day
of the world in him, but he had reviewed it, of a musqnetoon, and told him fiiey were now
and had corrected it in the best manner he I resolved to do it by that : he answered, that he
coakL He said be had never writ so much in thought that was by no means a proper mstiu-
bk whole life, and so he did not doubt, but mentforit, since it would be seen in a man'^ *
there would appesn: great weakness in some hand before it could be discliar^d, and so they
futtditfbvA hehttawrititiattieiiBaplicity , might be catchcd, before ih« buaiiuess should
I
87] STATE TRIALS, 34 Charles II. 1 6%^^Trial of Comi Con{ug$mark [Ǥ
be done, therefore he thought a pistol was
much better : but the captain answered, Tliat
the couQt*s council were of another mind ; and
"when tlic lieutenant nskcd who they were, he
named three outlandish men. But three or
four days after tiiat he told me, That though
that passasfo'was Tei-y true, yet he did not know
but the captain mig^ht only name those persons
to amuse him, and he di'd not believe it was
tru<5 of one of the three ; and if it was not
trneof liim, then there was reason to doubt if
what he said of the other two was true : snd
therefore since it mt^ht have been said only to
decdve him, and since his namiriff them would
cast a slur upon them, he thought he ougfht to
be so tender of their rskjmtation as not to pub-
lish their names. This will shew both the
strictness of his conscience, and the soundness
of bis judgment: and that he would not say a
thinfr though it was true, in so, far as he said
it, unless he had believed it was true in itself.
He told me that for some weeks before the
fact was done, he fell under a darkness and
stupor in his mind, which he could compare
to nothing but the sense a man has when he is
half asleep : He flintinned to say his prayers,
but it was only as a child repeats a lesson by
rote, for he had no sense of God all that while ;
and he lamented much that he had not read
any^hiTg in that book of Dilherens, written
much like our Practice of Pietj% which he*had
ijarried about with him two or three years.
He »wa8 so little aWe to judge of things
aright, that he thought hewould be free of the
crime, if he did it not with his own hand ; and
because he abliorred the acting it himself, he
fancied he would not be guilty, if he only went
in the company of ih^ tfiat were to do it
When the fatal day came in which it was
done, he said, though he was not drunk, yet
he was like one drnnk, for he was almost
fltupid : it was on a Lord^sday, which he had
much and ofleii prophaned, ^pd on that day in
narticalar, he had not worshipped God neither
in public or private. The captain desired him
to go with him and fight with Mr. Tliynn. (I
think it was near six o'clock at night,' but am
not sure as to the hour). He confessed he be-
lieved it was designed to act what followed,
for he saw the rousquetoon in the hand of the
Pohmder, and he remembered well the use for
which it was bousrht, but he still resolved that
he would do nothmg, but fight, if there should
be occasion for it. He bad delighted much in
horses, and bad a great opinion, that there was
some sagaoity in tiiem ; so the dulness of bis
horse in following Mr. Thynn's chariot all
along Pall-mall, made some impressians on
bim: ibr thoui^'h he used the spur pretty
mnartly, yet hecoutd not get him to follow close.
That and a disorder inliis own mind made
that he was almost twenty paces behinil when
the fire was given, nhicn had that deplorabh^
, eflect on that unfortunate gentleman ■ Tie told
me even that did n<»» av akcn him, but his sh'p' r
continued so, that some little time past \t^ii*re
be offered to fiy avray; and tJicn his hone
without the spur, was quidc oioagh. H«
was not after that affect^ i^ith it, hot spcBt
that ni^^ht almost as ill as he had \lone the day ;
nor was he recovered of that stupidity till m
second day of his imprisonment.
He said he would have writ nothing con-
cerning the fact, if his whole confession had
been road at his trial ; but that not being done,
he thought it tit for him to leave it behind him
to the world, that the whole truth of that mat-
ter nnght appear : but he professed of\en, ^at
he did it not out of any resentment to any per-
son whatsoever ; and though he looked on the
captain as the fa^ instrament that had drawn
him into this sin, and this misery that follow-
ed it, yet he ceased not every day to pray for
him : when sentence was pnmounced, the cap-
tain reproached him, and called him with some
acorn a niurderer : Il6 said, that touchefl him
very sensibly to see bim that was the caose of
his ruin insult over bim ; Yet he oflen asked
news of him, whetl)er he was touched with a
sense of his sin or not ? anil when be under-
stood that he continued still to deny aU, but
only an intention to fight witU Mr. Thynn, he
desired ^hat he might l>e suffered to go to bim
and spcsk with bim ; for he said, though others
might speak much better, yet he hoped be
might say somewhat that would be more ef-
fectual : So on Wednesday the 8th of March,
he was carried to him ; I warned him before
hand, that the captain would perhaps use bim
rougfhiy, for he was often uporaiding bim for
his ingratitude, and for having accused him
falsely : But he answered me, that he went to
see if he could be a means to do him any good,
and not to dispute a matter of fact with him,
which he knew in hb conscience was true :
and if he saw there was no appearance of
doing any good to bim, lie would soon leave
bim. In his way to him he was to go up some
stairs and pass through the chapel, and then to
go down ; so he told me he was going up to
the house of God, but be should go higher
within two days, to a house not made with
hands. Dr. Homeck was then with the cap-
tain, and prepared him for his coining. There
was no other witness of what passed between
them in that short interview but be only. He
told me afterwards, that the lieutenant spake
to the caotain with g^reat hnmility, be toM him,
he heartily forgave him all the injury he bad
done him, by drawing him into this business,
be knew he had said nothing but the truth, he
exhorted him to repent, that so he might find
mercy at God's hands. But the captain fell in
some passion, and said, he lied, and gave him
other reproachful words ; upon which he left
him. When he came back to his chamber,
he told him how sorry be was to see ^ oap-
tain in such a condition ; but he said, though
at another time he could not have endured sodi
reproaches from the greatest man in the world,
yet he felt no resentment in his mind at what
he had said to himself, and added, thai by bear-
ing this in such a manner, be hoped he bad
got two ateps higher in his way to Heaven.
19] StATS TBIMLS, S4 CHAttW II. l682.— Airf o«ier«>/M^ Mmtden [90
Wben I repKed tfntit w«8 a good rign, that be
bdlewnedtobelike his Saviour, who when
ke was reviled, reiiled not affain : he said,
Ah ! Sneh a miserable criminaras I am, must
sot be m anythiiig compared to mr blessed
Redeemer. He desired that the Poloman mi^t
Wsuffered to stay aOthe day long in bis cham-
kr, for he foond he had a mind well disposed,
but was tgnoraiit. 80 he took great pains to
ostruct him : They were together the last
lisfbt of their liie, in which as the one slept the
•ther watched and prayed ; for the heotenant
laid to me he tbonght it was not fit that both
fbmild be together asleep that niglit; but that
aUnight long either the one or the other of them
flhould be eonslaatiy calling npon Qod. He
expressed not the least desire of living any
ioDger : He never once aske:! me if I thouglit
a pardon might be obtained : On the contrary
he said, he deserved to die, and desired ' it as
lantkk as he had deserved it. He only wished
that if it could be obtained, his. head might be
cot off; but he easily acquiesced, when 1 told
him that was not to be expected. He often
blessed God for brincriii^ him to a prison, and
thai he bad not made his escape to have led a
wicked life any longer. After he had been
under great horror for almost a week, he found
great quiet come instead of it, chiefly after he
had disburthened his conscience by a sincere
eoofession ; at last it grew upon him to a joy
in God, and at the approaches of death, •
The nijrht before he suffered, be told me he
was languishing through desire to die ; he was
now so settled in his assurance of God's good-
tteastohim, that he was longing to be with
him ; he considered that night ns the eve of
his wedding, and theivfore it would seem tedi-
eustohim. A little while after, he said, to-
morrow is the H»t battle 1 shall fight, my ene-
my sliall gain the camp, the tent, I dwell in,
hk I shall by the gra«e of God win the day.
And when he spdce of that at another time,
he looked up to God, and said, I go to fight
with thy weapons, and thy armour, and when
i have overcome I will come and offer them
4ip to thee.' He had that day received the sa-
crament with great devotion, and said, Now I
have got my pass-port, and I long to be gone.
He was mnch rejoiced to hear that night that
the captain was m a befter temper than he had
been m formerly ; fbr the minister of the
Amborg confession in London, told him in my
hearing that the captain had confessed that he
had drawn them into this snare, and had en-
gaged them in this murder. The captain also
seat a kind message to him, and gave orders
fe every thing that concerned his bmial ;
mm which he sent aretum to him foil of great
anfiMtion. Hiis made him change a resolution
he once had, of speaking somewhat concern-
mg the morder at nis execution. He said there
wasnodiiBg' naaterial m his last oonfiession that
WIS not in his first, taken hy the justices oi
feaee, so there wn? no need of making any
other pabhc declaratio& $ and he thought if he
tain, it would perhaps put bun in some diitorder^
and he would not* venture the being discom-
posed in the last moment of his hie ; therefbra
he resolved to seal up all, and give it to me at
Uie place of execution. He had shewed it
four days before to one Blr. £Mart, a German,,
of Covent garden, and had ordered me to let
him copy it. He had likewise shewed it to Dr.
Honieck, and it was almost all copied out be-
fore he died.
In this temper I left him atnight, bnt found
him much better on the morning of his execu-
tion. He had slept three hpurs, and was then
weO in his heart and health, for the night be-
fore he was very faint. He told rrte now he was
full of joy, he was going to exchange a prison
fbr a palace ; A prison iliat h<u$ beeu to me bet-
ter than any palace, fo^ heie God has touched
me, he hfc» drawn me, he lifis quickened me ;
and now, O God, I come to thee, to live with
thee for ever. He bn>ke oficu out in great
transports of joy, he said this that follows sa
often both in Fr»*o«.!h and Dutch, that I couid
notbut remember it well : O my God, my good
, God, my infinitely good Grod, how do I love
thee! 1 bless thee, 1 will bless thee as long aa
1 hve, yea, Lord, 1 shall sing of thy praises for
ever : for thou hast blessed me wonderfully :
thou bast put many good inclinations in me:
thou hast oflen toucn^ my heart with the mo-
tions of ihy holy spirit ; but above all thy bless-
ings, for this I will bless thee, that when I had
forsaken thee, and was at the gates of hell, that
thou hast brought me from thence, and hast
now brought me even to the gates of heaven.
Open them, O Lord, and I will entei- m, and
praise thy name fbr ever I bless thee that
thou hast chastised me with thy rod, bat thy
rod is a rod of mercy ; and now thou hast
done so much for me, O give me a greater
sense of thy love, that I may pnaise thee with
my whole soul, and from the very bottom of
my heart.
This he repeated often in such a manner that
he seemed as one ravished for joy. He wept,
but he told me these were not tears of sorrow,
but flowed from the abundance^ of his joy.
He and the Polonian sung the 51st Pnlm m
High Dutch, three several times ; and I saw
him particularly touched, when he sung those
words, ^< Deliver me from blood guiltiness,' O
God, thou God of my ^Ivation.'* He spent
the rest of the time in prayers and ejaculations.
A geotleman came in and asked how he did ?
he answered him. He thanked God, we0, his
friend had sent to call him to come to dine
with him, and he was ready to go. And when
it vras told him he was now to fight his last
battle, he answered. The battle was already
fhught, there was but one shodc behind, and he
was sure he should overcome. His heart was
so full of the sense of the goodness of God,
that he could now complain of nothing, or de-
sire nothing but that he might be aUe to re^
jikice more pcrfeiefly in God and to praise him
more. Helon^ much fbr the officers that
ttidairythiB^ that BVgfat reflect on the cap- shonld carry hin away, and looked irifh great
$1 ] STATE TRIALS, U Cu aalbs II. i6t^^Trial ^ Ccmii CMpti^f m«riEr [93
cheerfulness at me when he saw them oonae to
lead him out. When his irons were taken off,
be told me, scune of his fetters were taken from
him, but be had others yet about him that
should be likewise taken on very speedily, but
I have chains upon my soul which shall draw
me up to heaven. He told me that he intended
to msike a short exhortation in the cart, chiefly to
bare warned the people not to cast off the sense
of God, and particularly that as they did their
own business all the week, that Ihey would do
God's work on the Lord's-day : and learn from
him what the ill effects of profaning that day
were. He ^as likewise to have exhorted them
not to think there was any wickedness so great,
but if they did cast off God, and were forsaken
of him they might fall into it. lie had been
once in a good way, but had left it, and they
aaw the ettects of tiiat ; y( t God hai mercifully
bi'ought him back to it, and tlicrcfore he in-
tended to pray them to fear God, and keep his
commaqdments, and it would be well with tnem.
This was the substance of that which he had
piurposed to say ; but when he came to the
{dace, the noise was so great there, that he ^d
te would speak nothing, but left it to me to
publish. what I knew he had intended to say ;
and so he continued in his devotions, reading
some prayers and hymns out of Dilheren's
Book; and in several passacfes as he read
them, I perceived great joy m his looks; he
told me his mind continued firm and settled in
his joy in God ; and so he went on a while
readme^, at last he threw his book to me, and
wished me to give it to some goodsoul. He
said a few words to the captain in High Dutch,
which I did hot quite understand, but by his
manner I jud&^ed it was a declaring that he for-
gave him, anddiedin charity with him, to which
the captain made a short answer that seemed to
me a return of his kindness. But the croud ^as
such that the Geiman minister could not pos-
sibly come to the place, so this was lost.
And this is all the account I can give of
lieutenant Stem ; it is the substance ofmany
and long conversatioiis I had wfth him ; French
was the language in which we discoursed, and
he expressed himself very well in it.^
I cannot give so long an accouut of Borosky
the Polander, for all my discourse wiUi him was
by an interpreter, and the lieutenant did fer most
part interpret between us. I tbund that the
course 01 his life had been very honest and
innocent; a^d that before he committed this
barbarous act, he had not been guilty of any
enormous crime in his whole me: and ^at
particularly the last year of it, he had a greater
sense of the £ear of , God than formerly, so that
lie had reformed his life to such a dagvee, that
he had not been guilty of one act either of
drunkemiess or undeanness, of swearing or
King, and that he had constantly piayed .to
God. He said, That when count Conings-
mark made that proposition to him, which he
told me much more largely than I find it is in
bis confesbioD, be was troubled at it^ apd went
iaito another D»m an4 ImeeM down and said
the Lord's Prayer; but concluded thatsinot
his mind was not fortified against it, that God
had appointed that he should do it. He said
in his country they were bred up in such as
opinion of their dnty to their masters, and of
their obligation to maintain their hoiioar, that
he believmg the relation the count made ni the
English gentleman (for Mr. Thynn was not
named to him) having intended to murder himi
and having set six assassinates on him, thought
himself in some sort absolved, if hesnould re-
venge such an attempt. He was also deluded
by what the captain told him, that if they
happened to be taken, he only and not the
Polander would suffer for it ; so that he |vas
easily wrought on to do it. He was not spoke
to by the count till one o^clook on Sunday, but
whether in the iboniing or a^moon I do not
know, and it was acted that same evening, so
that he was never alone, nor had he any oppor*
tunity of recollecting himself, but was hurried
into it blindly.
He told n^ one passage that beiel him afler
his imprisonment, which ne firmly believed was
real, and not theefiect of a disturbed fancy : He
said, being shut up in his cTiamber a day or
two after hid imprisonment, he tliought in the
night being fully awake, that one opened the
door, which he fancied was his keeper coming
to him ; but when he looked at it, it was a
woman who had appeared sometimes to him
befor^ in Germany, upon some extraordinary oc-
casions ; she looked on him, but spake notning
to him ; and vanished, He verily believed this
was sent firom God to him, to touch his heart ;
and whether it was real or only imagined, it
had certainly a very good effect on him : For
firom that time he was wonderfully changed. ^
He said he continued about four days as hi
hell, by the rack that he felt in his conscience^
but afler that he came to have great ouict and
assurance of God's mercy. He hau no fear
of death, but every time I asked him concern-
ing it, he said he was re^y for it, and longed
for it more than ever he did for any thing in bis
life: he assured me he had from bis heart
foigiven both the count and the oaptain, and
that he prayed earnestly for them.
The lieutenant often told me, That he had
an excellent soul, and that though he had not
much knowledge, yet be himself learned much
fi-om him ; for lie bad the simplicity of a littlo
child in him ; and a love to God, and to his
Saviour that passed ail knowledge : so that h/9
spent almost his whole time in praying and
praisuig God: he went out of the chamber
wheu he was called on by the officers to bis
execution, with great cheOTulness ; and by bit
looks and carnage in the cast expressed a great
sense of his condition : He seemod to have no
sort of fear in him, nor did be in the ieairt
change colour, or was heat all terrified.
In the last place, I must say sotuewbat sf
captain Yratz, which. I dp unwillingiy, ber
cause some passages ace not such as I can re-
flect ou with aay great satisfaction. It is ocT'*
tain that nevet man died withi more resolntte
m
93] STATE TRIAL6/94 Chablbs n. ieo.'^-md oiher$y/ar Muriir. [94
and leas i^^8 of fSear, or the least disorder.
Em earrisge in the cart both as he was led
akng, and at the phiee of execution was
asts&lHii^, he was not 6tk\y ondaonted, but
Isoked cfaeerfnl, and smiled often ; When the
rope was pot about his neck, he did not change
colsur nor tremble, his le«s were firm under
him : he lo^^ced often about on those that
slood m balconies and windows, and seemed to
fix his eyes on some persons; three or four
times he smiled ; he would not corer his fiice
as the rest did, hot continued in that state, often
Iwddn^r up to Heaven, with a cheerfulness in
hit couDtenance; and a little motion of his
hands. I saw him sereral times in the prison ;
be still stood to the coniteion he made to the
council till the last day of his life: He often
said to me be wouM never say any thing but
what he had said at first.
When 1 was with him on Sunday before his
deodl, he still denied all that the lieutenant and
d» Polonian had said, and spake sererely of
them, chiefly of the lieutenant, as if he nad
confessed those things which he then called
lies, tn hopes of saving his own Hie by it, or in
to him that he might not he pardoned:
and all I could say could not change his mind
in that. I told hmi it was in vain for him t6
dream of a pardon, for I assured him if any
kept him up with the hopes of it, they deceived
hira. He had two opinions that were as I
thought hurtful to him; the one was, That it
was enough if he confessed his sin to God, and
that he was not bound tb make any other con •
ftasioD ; and he thought it was a piece of po-
pery toprsss him to confess. He had another
oddopimoB also of the next state : he thought
the damned were only excluded from the pre-
sence of €fod, and c^ndured no other misery,
but that -of seeing odiers happier than them-
irives : and was unwillin|^ to let me enter into
much discoarse with him for undeceiving him :
He said it was his own aflfair, and he desured to
be left to himself; but he snake with great as^
of Ciod's mercy to hink.
I left him when I saw that nothing I could
?had any good effect on him, and resolved
talttve gone no more to hira ; but when J un-
denfeood by the German minister, and by the
meaBas:e which I heard defiv^ed in his name
to the lieutenant smd the Polander, the ni^ht
before his execution^ that he ^vas in anotner
temper than when I saw him last, I wetft to
him ; he recdved me more kindly than for-
merly : mnat of his discourse was concerning
hb going to' the place of execution, desiring
that it might be in a coach and not in a cart :
and when I prayed him to think of that which
eoaoemed him more, he spake with great as-
fonmce that it was already done, that lie knew
€od had forgiven him ; and when I wished
him to see that he mic;ht not deceive himself,
nd that his hope might not be 01-grounded,
be taid it was not hope but certainty, for he
tras^suro God was reconciled to him through
Clinst When I spake to hhn of confessino^
^ in, he said he had written it, and it ivould
» be published to all Europe, but he did n0t say
a word concerning it to me ; so I left him, and
saw htm no more till I met him at the place of
execution : When he saw me, be smiled on
me, ahd whereas I had sometimes warned hiiii
of the danger of affecting to be a coftnterfeit
bravo, (jiux brave) he said to me before I
spake to him, That I should see it was not a
false bmrery, but that h^ was fearless to tha
last. I wished him to confiidcr well upon what
he grounded his coniidenoe: he said, -he waA
sure he was now to be received into Heaven i
and that his sins were forgiven him. I asked
him if he had any thin^ to say tp the people,
he said no. Af^er he had winspeted a short
word to a centleman, he was wdling the ropi
should be tied to the gibbeti He called for the
German minister, hot the troud was such that
it was not possiMe for' hiift to come near. 80
he desired me to pray with him in French, but
1 told him I could not venture to pray in thai
language, but since he understood EfngUsh, I
would pray in English. I observed he b^d
some touches in bis mind, when I offered up
that petition, that ftyr the safee> of the blood of
Christ, the innocent blood shed in that plact
might be forgiven $ and that the cry ot th6»
one fbr mercy might prevail over the cry of
the other for justice : at these Words he lookedi
up to Heaven with the greatest sense that 1
had at any time observ^ in him. After I
prayed, he said nothing, but that he was now
going to be happy with God, so I left him.
He continued in his undaunted manner, look-
ing up oftai to Heaven, and sometimes round
about him tn the spectators: after they had
stood about a quarter of an hour under the gib-
bet, they were asked when they would give
the signal for their being turned off, they an-
swerer that they were ready, and that the cart
migfht be driven avray when it pleased tha
sheriff to order it ; so a tittle while after it
was driven away, and thiis they all ended
their lives. It is possible that conversing in
Fnench, as we did, some small mistakes mT^
have been made, either by them in expressmg
themselves, or by me in not understanding
them right : but 1 am sure they could not m
material; for I took care to mnle them repeat
what fhey said that was of any importance
often, and in different words ; so that any er-*
rors that may have been committed are incon-
sidl^rable. G. BuiInet,
March 11, 1682.
Dr. Hobneck's Account of tpbat himtelf oh^
served in the carriage of tke late Fri»
umeru
THE Lieutenant and Polonian, the authors of
the following papers, having acquainted ma
•with their intent to have them published to tha
! world, to testify the sincerity of their repent-
ance : I was vety vrilling, at the desire of Dr.
Burnet, with whom they intnufted them, to
be instrumental m the translation, and to taka
this opportunity to give my aentunent of
95] STATE TRIALS, 54 Charles 11. i6d2.— 7Ks/ oj Obtml C^rngmatk [90
readier to confess his §^1, than 1 to exhort
bim to a free confession ; several things he bad
said to Dr. Bum^ be ex|Hre»ed now to me^
Adding that it was Clod's just jadraient upon
bim to let him fall thns : for when ne consented
to engage with the captain in the fatal enter-
prisBe, he had not said hb prayers, nor read in
bis beloyed book^ ' Dilheren's Way to Eternal
Happineas,* in a month before; which two
things if he had oontinned to do with that de-
motion he used formerly, the Devil could not*
and should not have persuaded him td com*
into such a desperate confederacy. I advised
him to repeat Psalm 51, oflen, as heinff moat
suitable to his condition ; and directed him to
other prayers in a book, which the Lutheran
minister nad lent bim. He now told me how
he was concerned for the captain, and cried
out, Ob ! this hard-hearted captain, I pray for
him day and nig[ht, that God would turn his
heart and mdt him, and make him sensible of
the errors of his ways. He pntfessed that ho
did not desire to live ; all the favour he begged
of the king, was, that he would cause him to-
be beheadra, for the reasons mentiotied in the
preceding papers. Yet he hoped his fall was
permitted by Almighty God, to bring him to a
true sense not only of this, but of all hia other
sms ; and that God suffered him thus to be
thrown down, that through ^at toss he might
rebound the higher. And that though he had
walked in the dark, yet he doubted not but
God would draw light from that darkness. Ho
protested at that time upon my expoetulations
with him, that it was not apmoa^ing death,
and the punishment that was luLe to attend him
in this world that moved him to repentancCt
but the blackness of the crime, and his of-
fending a gracious God, and fi^rgetting hia
dear Redeemer's precepts. And here he broke
fordi into holy ejaculations fit for a Christian
and a true penitent. And when among other
passages I minded bim, that it would not bo
lon^ before he would come to his trial, and so
to bis execution : He cheerfully replied, That
he was ready to obey God's summons. And
whereas I told him it would be within a few
behaviour of the respective prisoners. The
first time the doctor and mvself went to visit
them, we saw no sense of tne crime in any of
them, but the Polonian, who professed his sor-
row, and gave me a large account of bis con-
dition, and how he came to be drawn into the
barbarous murder, by the captain : adding, 4<^t
whatever the captam might say in his own
vhidication, that it was mrougfa his servants
mistake that the fact was done ; if he had a
thousand lives, he would venture them all for
this truth, that the captain did peremptorily
bid him fire upon the coadi, and kili the gen-
tleman that was in it. And that be was so far
from mistaking his conunand, that afUr rea-
soning with him about the Larbarouancss of the
' deed, the captain iMd him not trouble hunself
about 'that) but do what he waa commanded.
The lieutenant, when I told him that aocording
to our laws, men present at a murder com-
mitted were liable to the same penalty with the
actors: Replied, If that be your law, I have
nothing to say against it A^ at that time he
seemed to have no great remorse, which made
us leave him afier some eadiortations to re-
pentance, and conaideratkm of his ways.
The captain at the same time, hard as flint,
entertaineid us with a discourse of his resolu-
tions to believe himself innocent, to defy death,
and to &iicy that if his judges would be im-
partial, tliey could not bfaune or condemn him.
8o we left him. The second visit I made them,
was in a f^w days afler, when the lieotenant
sent for me: and beinff then to pass by the
captain's chamber, I thought fit to call upon
him, before I saw the other, and here repeat-
ing my former counsels to him, and putting
him in mind of the all -seeing eye above, who
knew his crimes, though he did conceal them
« from man ; he was pleased to tell me, that he
had fiur other apprehensions of God than I had,
and was confident God would consider a gen-
tleman, and deal with him suitably to the con-
dition and profession he had placea him in, and
would not take it ill if a soldier who Kved by
his sword, revenged the aifront offered to bim
by another. I replied, that there was but one
way U> eternal happiness, and that God in his
laws had made no exception for any sorts or
degrees of men ; and oonseqaently revenge in
a j^ntleman was a sin, God wimla not pardon
without true repentance any more than he
would forgive it m a peasant He asking me
hereupon, What repentance was P I told taim
it was, so to hate the sin we bad done, that for
the future no arjj^ument should prevail with us
to commit it a^n. To which be said, HThat
if he were to live, he should not forbear to give
any one as ^ood as he brings: vrith some
otber expressions, which I am kith to i«peat,
for they made me so meUncholic, that l was
forced to leave him. Yet I bid him consider
Qf what be had said, as he loved his own soul.
I went from thence to the lieutenant, in
whom I foimd a very great alteration, and saw
now several good boolu, and the Biblaamang
fit rest lying baforo him, and he now was
^
days : He said, he should be content if it were
within a few hours. He then shewed me the
places in the little book, he had by him, *• The
* Way to Eternal Happiness,' which gave him
the greatest comfort, and prescribed lim most
excellent directions. The book treated of the
nature of a true Repentance, of Conifesaion to
the Ministers of the Gospel, of the Lord's-
Sufper, and the Rules of a Christian Life ; to
which are added several meditations proper for
Festivab, prayers suited to all conditions ; and
a very pathetic Sermon on the Passion of
Christ ; all which he said were a g^reat sup-
port to him in his present condition, which no
deplored chiefiy, because he had made so bold
with God, who had manifested himself to him
upon many occasions. 1 asked him whether
he had bc&en seduced by the Count or by the
Ci^ktain? To which heanswered. That ho had
beoi in the Cgunt's company twice, but th«i
4
ff] STATE TIBIALS, 34 CiiAitLES ||. iS^a.-^andotier^Jcr Murder. [9^
ctptiio wodU not let him know that it was the
€9ttpt, jet he belieyed it was ^, having for-
nedy seen him, and tliat the captaio ^till told
him th»t he had a quarrel with sach a ^ntle-
I wiM from thence to the Poloniao, whom
I found engaged in reading a German booV»
canr^ifMng prayers and devotjoqa, fit for a pe-
uteot. which he told me he was repeating tp
iumsdf day and night. I gav^ bim such heads
flfcontemplatiMi, as I thou£^ht proper for his
eooditicMi and capacity, exhorted Lim to re-
eoileel himself, aind to find out wba^ other siDs
he had formerly lived in, it heing not sufficient
to de|dore ODe> but all he could remember upon
aoKKis examination, which he promised me to
4a, and so I departed.
Hie last time I was with them 5vas on the
8A ofMaoch, pnd while Dr. Burnet Ment to
the lieutenant, I visited the captain; wliom
when I had saluted, T to)d him I hoped he
had taken his dangerous condition into con si-
dentioo, and wroii^^ht himself into a ^-eater
afnse of his sins than I could oI>serve in him
when 1 was last with bim. He said h^ knew
not what I meant by this address. I then ex-
pbined m^sjdf, gave him ti> understand tliat I
fl^ke it with reution to tlie laie great sin he
had been engaged in, and that £ hoped his
approaching death had made bim more peui-
teot than I nad found him the other day. To
which he replied. That he was sensible he was
a (freat ainner, and had cominittrU divers enor-
juliea in his lifetime, of \ih\ch be truly re-
peDied, and was confident tliat GoJ had par-
doned him, but he 5:ould not wcH understand
the humour of our English divines, who press-
ed him to make particular declarations of thint^s
diey bad a mina he should say, though ocyer
80 nlse, or contrary to truth ; and at this he
said be woqdered the more, because in our
church we were not for Auricular Confession.
He guessed indeed, he said, what it was wc
womd have liim declare, viz. lliat count Co-
ningsmark had been the contriver of the
murder, and had been in consultation with him
about compajsing his design, and prompted
and bribed him for that end, which falshood
be would never be guilty of, if he hnd never
so raany lires to lose. He understood, he said.
Hut tnc lieutenant hail been tampered with,
and by promises of a decent burial enticed to
ooofefs things notoriously fidse ; as that ho
should shew the said lieutenaat a letter signed
by count Coningsinark, to engage him in the
business, an^ offer him money to stab Mr.
Thynn, (Jcc. But ^ for his part, he was resolv-
ed to confess no more, tlvin he bad already
declared publicly before the council.
1 let him run on, andthen.told liim, that he
WIS much mistaken in the ^vin^ of the
diurrh of England, who neither used to reveal
private confessions, nor oblige offenders in such
esses to confess. things contrary to truth ; that
tbisiras bodi ag^i^^ their practice i^d their
principles; the confession 1 j^d he was so
Mtifien exhorted to, was no pi^ivatebut ;tpubji«
TOL. ix«
poplessiop, for as bis ccjme had been public,
so his repentance and confession ought to be
public too ; ^hd in that he was loth to come to
It, he gave us but too much occasion to sus-
pect, mat his oretended i*epentance was not
sincere and cordial ; T told tiim that in such
wrongs and injuries, as he had done, there was
either restitution or satisfa^^tion to be made : at
which word he replying, how he could make
restitution now Mr. Thynn was dead f I an-
swered, because he coiud not make restitution,
that therefoni he should make some satisfac-
tion, and this he might do by a free and full
confession of his sin, and of the cause of it,
and who they wez-e that put him upon it : I
added that where true repentance melts the
heart, after such commissions, there the true
penitent was readier to arouse himself, than
othei-s to charge him wilh the crime, and
would have tliat abhorrency of ilie sin, that he
would conceal nothing that servetl either to
aggravate, or expose it to the haired of all
mankind ; and that it was an injustice to the
pubhc, not to betray the comjilices, and assist-
ants, and occasions in such heinous offences.
I told him, he seemed to talk too high for a
true penitent, for those tliat were truly so,
were exceeding humble, not only to (lod, but
to men tqo ; and one part of their huinilitv to
men was, to confess to them, aud to tfieir
relations, the wrong they had done them:
Whereupon he answered, tliat it was enough
for him to be humble to God ; but he knew of
no humility he owed to man, aud God he
believeS had a greater favour for gentlemen,
than to reouire all these punctilios at their
hands ; ancl that it was absurd to think, that
so many thousand gentlemen abroad in the
world, that stood upon their hpnour and repu-
tation as much as he, should he damned' or for
ever miserable, because they cannot stoop to
things which will prejudice and spoil the figure
they make in the World : As for his part, he
saia, he believed Christ's blood had washed
away bis sins as mcU as other mens, for on this
errand he came into the world to save sinnecs :
He was indeed sorry Mr. Thynn was dead,
but that was all he could do. I told him, that
Christ's blood was actually applied to none bat
the true penitent, and that true repentance
must discover itself in meekness, humility^
tenderheartedness, compassion, righteousness,
making inf^enTious confessions, and so far as
we are able, satisfaction too, else notwithstand-
ing the treasure of Christ's blood men might
drop into hell.
Upon this he replied, that he feared no hell :
I answci*ed possibly he might believe none ; or
if he did, it might be a very easy one of his
own making. He said, he was not such a fool
as to believe, that souls could fry in material
fire ; or be roasted as meat on a great hearth,
or in a kitchen, pointing to the chimney. His
belief was, that the punishment of the damned
consisted in a deprivation of the gracious and
beatific presence of God, upon which depriva-
vation there arose a terror and ai^ish 'in
H' • I • ^^ •
59] STATE TRIALS, 34 CiiAnLES IL l682.— TntfZ of Count Cmlngimark [ I OO
tlicir souls, because they had missed so great
a happiness : He added, that |)0S8ibly I might
think him to be an atheist, but he was so far
irom those thoughts, that he could scarce be-
lieve, there was any man so sottish in the world
as not to believe the being of a God, gracious
and just, and generous to his creatures : nor
could any man that was not either mad or
drunk, believe, things came fortuitously; or
that this world was governed by chance. I
said, that this trutli I approved of, and was
glad to see him so well settled in the reasonable-
ness of that principle : And as for material fire
in the other world, I would not auarrel with
him for denying it, but rather hold with him,
that tlie fire and brimstone spoken of in scrip-
Idrre were but emblems of those inward terrors
be]onG[ed not unto them : and hereupon he
turned away from me aguia to the book, that
lay upon the table.
By and by the iietitenant came in with a
penitent countenance, and a mortified lo^k :
the captain seeing him, g^rew presently cho-
ice, and retired into a comer of the room, and
then asked him, what he came to trouble him
for ? he did not care for the sight of him, es-
pecially since he had bespattered him so noto-
riously with untruths. The lieutenant rery
meekly told himi that they had not long to lire,
and therefore he was come to admonish him
to repent of what he had done, and to tell him,
that he freely forgave him the wrong* he had
done him, by drawing him into the late un-
happy action : the captain hereupon called him
which would gnaw and tear the conscience of lyar, and asked him how' he durst vent such
unpemtent sinners, but still this was a greater
punishment than material fire, and ^his pu-
nishment he had reason to fear, if he could
Bot make it out to me or other men, that his
repentance was sincere.
Hereupon he grew sullen, and some good
books lyibg upon the table, one of which was,
Amts true Christiatiitv, he turned away from
me and seemed to read in it, and after a short
j»use he told me^ That he understood the lieu-
tenant's paoers i^ere to be printed, wherein
. there would be part of count Coningsmark's
letter, with some other circumstances reflect-
• ing on the count and himself; but if they
Were printed, he would print his own story too,
which should undeceive the world in the &n-
cies and opinions, the lieutenant's papers should
draw them into ; and in that paper he would
set forth the behaviour and manners of the
English clergy, end the strange ways and
methods, the^ take with poor prisoners to
extort confessions from thetn. As for the lieu-
tenant, he said, he was a fellow that was poor
and wretched, and by his means kept U-om
starving, and sometimes he was not well in his
wits : that himself was a gentleman, and a
' jnan of an estate, and should leave great sums
of money behind bun, and that no* English
gentleman would have been so coarsely used in
bis country, meaning Pomerania, as he hath
been in this; and if the lieutenant persisted in
his falsities, he would die witli a lie in his
mouth. I said, it was not probable that a
dying man,^ and a man that was so very sen-
Rible of liis sins, and who had betrayed nothing
of any disorder in his carriage during his im-
iirisonmrnt, should tell and aver tiling, which
ke knew to be untrue: he said, it %v as no
strange thing in England for dying nven to
speak notorious untrutlis, tlierc beinff not a few
examples of those who had lately done so : 1
told him, it would l)c very fit tlmt the lieute-
nant and he should speak together, and cap-
lain Iticlianlson, I thought, woidd send him
presently : w ith that he grew anapv, and re-
ttlied, he had nothing to -say to him, nor did
he care for sec'mg him, nor for being troubled
with any EngUsb divines ; they being nien
' IDO inquisitive and meddling with thiogs that
aoominable lies concerning him and count Co*
ningsmark; how he could hare the confidenoO
to tell men, that he shewed him a letter of the
count's, in order to engage him ; and of 400/.
that he should offer him to stab Mr. Thynn.
and talk sometimes of 400 and sometimes or
200/. which was a perfect contradiction ; and
if, saith he, I had> been so base 6t foolish as to
make you such an offer, you that were the
elder man, and may be supposed to have had
more wit than myself, why did not you chide
and reprove me tor tempting you to such dig*
honesty ? one would think you are distracted,
or had a soft place in your head ; is this youi
gratitude to a person that had relieved you, and
one you kindnesses, and are you not afraid to
die with a lye in your mouth ?' Here I inters
posed and told the captain, that this wrath and
anger was but an ill prepai-atiop for anotbef
world, and that greater meekness and charity
would become a dying mad : to Ihis he an-
swered. It is you divines that are the causei
of this passion, by obliging people to confess
more than is true. Tlielieutenant all this whiki
heard the captain very patiently; professed
that this was the first time that he was called
liar to his face, and that which fbrmeriy be
could not have endured from the greatest man,
he was very willing to bear now out of respect
to that God, from whom he expected pardon
of his sins. And as for what he had said and
confessed to other men, he took God to wit-
ness, that it was nothing but truth ; and
though it was possible in his confessions he
might mistake pounds for dollars, that being
the wonl commonly used in telling the money
in England, as dollars is in Germany, yet he
meant nothing by it but dollars ; and what he
had said of the mfferent sums, was very true ; '
for at one time he had offered him 200, at and*
ther 400, so that could be no contradictioh.
The captain, notwithstandmg this, still called
him liar, and ungrateful : while the lieutenant
stood before him talking with great meekness
and humility, and for the most part with his
hat off, and saying to him : You know, and
your conscience knows, the truth of these
things, why would ye offer me these sums ?
you know you made me these offers ; (M
101] STAT£ TRIALS^ 94 CiCABLBS 1
fcigiTe joQ, and I fbrgriTe yov. This said,
*lien die Seuteiiaiit saw, thai his speaking
£d but eprage him more, he took his leave,
visbiii|r him a si^ht of the error of his wa^.
The fieuteaant being gone, I stayed, hopmg
this religious confidence of the Keutenant mt^ifht
wprk the captain into remorse, but it was all in
vain : I persisted in my fbrmer assertions,
that repentance eouU not be true, wliich was
Mt attended with meekness, hnmility and pa-
lieaee; but he taming from me, and bolung
into his book, and recusing to give me an an-
swer, 1 left him too, wishing him a better mind.
* From thenoe I went up to the penitent lieu-
tenant, where I found the Polonian too. I
told the lieutenant, I was heartily glad to see
Us Chnstian behaviour under reproaches, and
Bo&ing pleased me more in matters of repen-
tance, tban humility and patience under inju-
ries, a tiling absolutely necessary where we
have to deal with God, who hath been for many
years patient under the injuries, we have
olfered to his majesty. He then vented some
comfortoble ejaculations, and expressed bow
freely he forgave that stubborn man, whom no
entres^es or arguments could work upon.
And while Dr. Burnet went with the lieute-
nant to the fireside,! entered into discourse
with the Pblonian, who gave me his confession
in h^ Dutoh, written fiom his own raoutb by
.the heutenant, and signed by him the Polonian.
I asked him whether as he hoped for mercy of
the great God, he believed the things said in
that confession to be true or no ? He answered
jes : whereupon to be fully satisfied, I desired
a German gentleman then present to read it
over agam in his and my hearing, and to read
it distinctly, that in case there were any mis-
takes in it, he might rectify it ; for as I was
wiOing, I said he should clear himself, so I
shookf be sorry, he should asperse another
man, or say any thing of him, that might un-
joRtly reflect upon his reputation : he promised
me, that he would attend carefully, and take
notice of every expression, wlilch accordingly
he did ; and finding a mistake in the paper in
point of time, he immediately gave notice of it,
which I caused to be rectified ; and having
heard it read over before him, I cbarg^ him
once more, as he was to give an account to
God in a day or two, to tell me, whether things
were carried on and managed in those circum-
stances, as are mentioned in the paper P To
which he religiously answered in the affirma-
tive. I asked him thereupon, how long he had
been a Protestant oftheAu^burg confession,
for he bad been bred a Papist ? To which he
answered, ever since his last sickness : which
as I remember he said, was about Michaelmas
hst ; when being told, that the Protestaat re-
ligion was more conformable to the word of
C^, be consented to embrace it, and hath kept
Is it aver since. I demanded of him to tell me
iaiondy, whether he had not led a very de-
- bocbed life formerly, which made hliii ven-
lnre upon that late mhuman entcrprize ? He
MjDeno^ and that he had been sofiurirom
i
ooramitting any such crime hereto(bre« that he
bad had the good fortune to live with inaster^,
who were soto:, and men that were enemies to
disordei* and debauchery ; that according to
his capacity, he had always m^e conscience of
grosser sins, and had been very punctual in
saying those prayers he had been taught, eitlier
by his parents, or such persons as he conversed
with ; and that captain Vratz when he bid him
shoot 31r. Thy no, told him, tliat it was here as
it was iu Poland, >vhere the servant that dotb
his master's command iu such cases, is blame-
less, and the roaster bears all the burtbeo ; and
that prevailed with him, though he found no
small reluctancy in his breast, and pleaded with
the captain about jthe beiuousness of shedding
innocent blood. I then endeavoured to find
out what kind of repentance he felt In himself,
whether it proceeded from fear of a shamef ul
death, or from an hatred of nin and love to
God ; whereu{K>n he gave me such an account
as his honest simplicity dictated to him, and
said, that if he were to live any longer iu this
world, he verily thought tliis one sin would
keep his soul so awake for the future, that it
would not be an easy matter to make him act
a^aiu against his conscience : this had rouzed
him, and he now perceived the sweetness of a
good life, and keeping close to the ways* of
God. He was sensible he bad deserved the
punishment, the law would inflict upon him i
and all his confidence was in the blood of Jesus,
who knew how he was drawn in,- and the
plainness of ))is temper wrought upon by the
captain's subtilty : however he freely tbrgave
him, and commended his soul into the hands
of God. And here ended my conference with
the respective prisbners, having wished them
the powerful assistance of God's holy spirit, I
took my leave of them. ' Tlie lieutenant, whe
in repeated words expressed his honest design
in having the following paperr published, de-
sired me to go with him on Friday following
to the place of execution, there to te)l the
spectators, what he should think fit to say to
them : I told him I would very readily obll^
him in his request, but that 1 was bound to
preach that very moniing, and that very hour,
when he should be led to the place of exe-
cution ; however Dr. Burnet, who had been
his spiritual father all along, would not fail to
do that last office for him, in which he rested
satisfied, and with all humility, and in a peni-
tent posture, bid us adieu.
In the translation of the following papers, I
could not be curious in the stile, because I was
forced to keep to the simplicity of the lieute-
nant's expressions : he writ not to shew his
learning but his piety ; having never been
brought up to letters, rhetoric is not a thing,
that can be expected from him. Truth sounds
better from a plain, man than from an orator ;'
and the less ornament there is in a dying per-
sons discourse, the less it will be susjiectea of
hypocrisy. The expressions usctl here, spe;^
his heart more than nis fancy, and when a man
is preparing for a tremendous eternity, it
AtS] STATE tRiiALS, 34 CHAftLSik tl. i^^^.-^JMiti ^ ClMd t&nhigknH&k ( 104
Would be fbolish to study eloqaence. The
^ords here are not chosen, bat flow natnrtdly }
and th^ hon^y of his soul dwells in the fome-
^pun meditations. To have affected betto! m-
gimg-ethah himself used, had been injusiljv^ ;
and to 8»av in English what he had not said in
Ills own language, had not been to translate,
t>ut to polish his admonitions. Such a plain
harangue, it is like, may be nauseous in a cri-
tical age, where learning and wit rides in tri-
tinmh ; yet a soul touched with the same
loadstone that bis was can relish the siveet-
tiessof it: himself was Vifraid, that the sim-
plicity of the language would be an offence to
She curious readers ; and therefore begs of
them, when they came to peruse it, to make
greater use of their charity, than their sa-
gacity.
The same I must say of the Polonian^s con-
iession, where you must expect no better en-
tertainment, he could but just express his
ineantng, and was no greater scholar than
taatnre had made him.
I was at first in some doubt whether 1 should
publish the captain's answers to my queries
and expostulations, because some of them
savour of prophaneness : yet considering that
the Erangelist hath thought tit to acquaint
the world with the ill language of the one, as
tvell as with the penitent expressions of the
t>ther malefactor, 1 was willing lo follow that
^eat examnle ; hoping that ti;ose loose dis-
courses of the man may serve as sea-marks, to
Warn passengci*s from running iiiMin those
tends. That which 1 chiefly obsened in him
"was, that honour and bravery was the idol he
'adored, a piece of preposterous devotion, which
lie maintained to the last, as if he thought it
Vrould merit praise, not to recede from what he
liad once said, though it was with the loss of
'Ciod's favour, and the shipwreck of a good
conscience. He considered God, as some ge-
nerous, yet partial prince, who would regard
mens blood, descent and quality more than
tljeir errors ; and give vast grains" of allowance
to their breeding and education ; and' (tossibly
the stout behaviour of some of the antieut
'Roman Bravos, (for he had read history)
might roll in his mind, and tempt him lo write
copies af^er those originals ; or to thhok, that
it wasffreat to do ill, and to defend it to the
last, nhether after my last conference with
liim he relented, I know not ; those that saw
Jiim ffo to his execution, observed that he
looked undaunted, and witJi a countenance so
* steady, that it seemed to speak his scorn, not
only of all the spectators that looked ujwn him,
but of death itself: but I judge not of the
tlioutfhts of dying men ; those the Seareher of
all Hearts knows best, to whom men stand or
fall. I cJ\hnot say, that 1 remember every
'By liable of the several confei^ences^ but sure!
am, I have not mistaken the sense of wliathe
said, nay think I have kept to the very words
he then used, as much as is possible. I
V^oiild net wrong the living, mucit less the
4^ 9 but truth is a thing, which though not
iBtlwHyn cdnvetkkAify, j\Si may tawMlytifefakl
at all titoes : this was all *I ahnefl it, luri
because reports are already spread abroad of
other diaoourdeb and exp^eaaions, this unhappj-
man should use to me, and how he affiro&ted
me in prison, it Was fit the world should be mt-
deceived. Anthony Horneck.
At the Savoy, March 13, 1681.
For Dr. Burnet.
Sir ; I heartily thank you fbr all yom kind-
hess ; and promise myself, that, according to your
word, you will publish my little writings, m-
tended only to let the world see, that I came not
into this country with a design ofbeing engajgfeA
in the late bUck deed. And nnce the justioes
have not declared what I can say or did say
for myself, the rabble, it is like, wul be of opi-
bion that money brought me over into thesfe
parts : In which verdict they will be unde-
ceived, if you will be pleased to let them read
in English, what I have set down in these
papers. I remain. Sir,* your obliged servant^
John Stern.
Written in the prison, London, 1682.
The Lasi MeditattotUj Prapers^ and Canfeitiam
of Lieutenant Joun Stern.
^ Let God have all the Glory, and umui
acknowledge bis own unwoftniness."
T. Seek ye first God's kingdom, and bik
righteousness, and all these things shall bt
added unto }0u, Mat. vi. 33. 1 said in my
trouble,"! 'am cast out from thine eyes, notwith-
standing' thou didst hear the voiceof my weep-
ing, n'hen I cried unto thee, thou (hdst s^
my trouble, and didst know my soul in adversity.
Watch, and pray, that ye enter not into tempta-
tion, fbr the devil, like a roaring Iion,walks amut,
seeking whom he may devour. In the third
bock of Moses it is written, Thou shah bear no
malice to any of the children of thy people :
by these ' are meant our neighbours. In the
first book of Moses, ch. vi. The inclinations
of man, are ^aid to be evil from his youth ; but
the spirit of God can endure no such malici-
ousness.
I have ))een a traveller any time these S5
years, and'have pereeived but litUe malice iii
my heart ; though I have had too often cause
and provocation, yet have 1 committed all to
God, as the sunreme judge of all. What hath
brought noe to tnis present misfortune, is known
to God alone ; yet I am greatly to blame, be-
cause I did not abandon the world, lived m
carnal Security, and minded the lusts o( the
flesh, more than God, blessed for evermore ;
for which I am heartily penitent, and I thank
my God who hath brought me to a knowledge
of^ myself, and given me his mce, to come to
a true sorrow for my manifbla sins ; if I have
l>e€n enticed, or tempted by any person to this
wickedness, as is evident 1 have, I bag of God
to pardon him, for Christ his sake, and I desire
all persons, that shall read what I have written
here during my imprisonmenti tooonaider of
105] STATE TRIALS, 54 Chablbs I1» I^S^. mulothen,fifr Murder. [LOtf
% wefiweily. Letno manrejiMce «t his neigh-
|wir*s tniaiui tunes ; erery Tnim'slttrt honris not
wmeyei : when tou we a prisoner led along,
yrayloi him, ibr the same nmy happen to you ;
Dttre oompassion on your neighbours, and God
will have compassion of you. Be merdfol, and
God will be merciful to yon. I sire thee thanks
■w«el Jesus Christ, Son of God, that thou hast
K' ren me to understand so much out of thy
ly word ; give me constanoy and persever*
mee, that I may obtain tibe satvation of my
voqI. Amen.
IT. God saith, ^ Man help thyself, and 1
wiU help thee :" but aias ! whfle we are in
^hisvailey of tears, we think seldom, or not at
all, oftbe dirine assistance ; our eyes are dark-
ened, and we consider little besndes the lusts of
tiie eyes, and the lusts of the flesh, and the
pride of life, of which Christ himself hath
aonoetimes complained, when men have for-
Igotten him : happy is the man that feels true re-
)>entance in his heart. Lord Jesu ! give me that
«race, who am the chief of sinners. God, thou
^asl not sent thy Son into the world to condemn
'kinnere, but to save them ; O, save tte not for
my sake, but upon the account of that precious
'Wood' which was shed for me on the cross.
in. I pniy God, nobody may be scandalized
at what I write, out let every body lay to heart
"what a noor sinner writes in prison. Ye chil-
dren oftbe worid, when will yon bethink your-
selves, and consider the things which belong
to your peace, but it is hid from your eves. O
may it not continue hid from yon f Keep
close to the word of God, and think on the
woman's seed, which was to bruise the ser-
peBt|s head ; be vigilant, and pray, that ye fall
not into temptation ; think often, &at your
ains are an abomination to God : take heed you
^ve no ill example to young children, whidi
if yon do. your account wiH 1^ dreadftd.
mV. Jolm, the forerunner of our Lord Christ,
wli^n be b^tm his ministry, the first words he
"let drop from his mouth, was to recommend
repeirtuioe unto the impenitent, Mat. iii. and
Mat iv. saving, " Thekingilom of Heaven, and
the day olVraoe is come to you, and at hand,
and God oirers you pardon of sin, and etema)
Vfe.'* In the 6tb of StUIark, the twelve apbs-
'des went out, and preached, that *' men sho^d
repent;'' and Acts iii. *<' Repent, and be con-
'rated, that your sins may be blotted out. " And
Acta 14. *< What mean ye, sirs, we preach onto
,yoo the Gospel, that ye may turn to God." O
my dear Lord Jesos, make me partaker Df this
conversion, fbr thy name's sake ! Amen.
V. AfclB xvii. 30. " Ye men of Athens, the
times of ignorance God winked at, but now he
oommaoda aJl men every where to repent"
Adsxzvi. 30. "St. Paul shews to king Agrippa,
that he was ther^re called from Heaven to be
aa Apostle, to preach repentance both to Jews
and Gentiles. Ye Ithat are parents, if you
have children, keep them close to the fear
of God ; teach them the Creed, and the
^Ten Commandments ; send them to school,
aadbmdthem out to an liooest trade; be not
aahamed of this, it is better than an idle life, or
-Fceneh galkintry, dancing, 6cc. Keep your
children oot of bad company, whether |bey ha
BOOS or daughters : A heathen writes, thai
Evil communication corrupts eood mannersy
which myself hath had very sadexperience of.
Before my 23 years travel, I should have
learned a trade ; But it is too late now. God
five me patience in all my sufferings. I hope
y the help of God, I shall ere long be aepa*
rated from the world ; for it is my greatest de-
sire and comfort to dwell with God. Amen.
VI. Gen. iii. God saith, ** In the sweat of
thy brow shalt thou eat ikv bread, till thou
return to the earth, of which thou art taken.**
Bsal.civ. ** When the son rises, man goea
fbvih to his labour ;" but not to.such labour as
the Devil suggests and tempts men to.
VII. John xxi. " When Peter was more
conoetned about 8t John, than about bimseify
the Lord said. What is that to thee !" Luke
vi, It is said, << Thou h3rpocrite, first pull oot
the beam that is in thine own eye, and then thou
shalt take demote out of thy brother's eye ;'*
and thus it is with us. The mote in our bro-
ther's eye we easily spy ; but ure regardless of
the beam in our own eye. •
VfIL Rom.xiv. It is said, <« Who ait thou
that judgest another man's servant; he stands
or mils to his own master; he shall be holden
up, for God is aMeto bold him up." Preserve
my steps, O Lord, that my foot slip not. O
Lord, frv thy power, strengthen the weakness
of my flesh, that I may Sgltit manliiUy, and
botii m life and death, may press toward thee* -
Amen.
IX. And now ye fbat are governors of the
world, abstain from anger, -exercise justice,
let not the sword grow rusty in the scabbard,
though you b^n with mme own head; let
the will of the I^rd lie done. Ye princes, and
great lords, do the same; have an eye upon
your officers, and take notice, how instead elf
doing justice to the widows and orphans, diey
go w>ut banqueting, visiting of play-bouses,
playing and hunting ; the rest I will not name,
for fear of giving scandal to the younger sort :
see that none of them take bribes, for unjust
bribing cries to Heaven for vengeance. By
the word Governors, 1 understand kings,
princes, viceroys, lords of countries and pro*
vincesin Christendom ; colonels, captains, and
whatever tities they may have ; punish none
that are innocent, rdease rather ten that are
euiity, than condemn one innocent man. Ye '
kings, princes, and presidents, let nd proud and
phantastic dresses be allowed of iu your land ;
ibrthroQgh pride the angel turned devil. Ye
itithers and mothers, oloath your children de*
cently when they are litjie ; when thej' grow
big, they soon become bad enoughs iLet no
man be taxed or rated above his ability ; op-
press not the poor, rather help him to bear his
bnrthen as much as it is possible.
X. Let us say, out of Psal. xyiii. fS, " The
Lord myGod turns my darkness into light." In
Geneab we read, " That the thoughts of man's
107] S1'AT£ THIALS, 54 Charlbs IL l6S2.-*7m/ of Couni
[IDS
lieart are pvW irom lus youth*" The spirit of
the Lord can take away that sinful inclination :
I will sf y with Da?id, Fs. bcxxi. <* Create in me
4L clean heart, O God, and renew a right spirit
vithin me ; cast me not away from thy pre->
8ence, and take not thy holy spirit from me."
Out of Psal. cxT. '* O Lord, not unto us, not
unto us, but unto thy name, give all tlie honour
and glory." He that is fallen into poverty, let
him hope in God, he will help him. I^. 1.
God himself saith, '' Call upon me in the time
of trouble, and 1 will deUver thee, and thou
shalt praise me." My strength is made per-
fect in weakness, for Christ is good and gra-
cious ; and because ha is mercinil, let us call
vpou him ; as it said^ Luke xv. '' Father, I
J^aTe sinned against Heaven, and before thee,
and am no more worthy to l>e called thy son,
make me as one of thy hired servants."
XI. The Apostle St. I'aul mentions, in a
certain place, how a man may have all things,
and yet have no charity. Cmist also exhorts
us to love one another. I may say as it is in
die song, " Love is quite extinguished among
the children of men." Deut. xxii. *' If thou
«ee a stranger's ass, or ox, go astray, thou
sbalt take tuem into thy house. Levit. xix.
*< Thou shalt bear no grudge to any of the
children of thy people, which have provoked
thee to anger. Prov. xxi. '^ If thine enemy
iiunger, give him meat ; if he thirst give him
drink." Alatt. viii. and Lukevi. *' I say unto
you that hear, love your enemies, bless them
that curse you, do good to them that hate you,
pray for them that persecute you, and des-
pitefully use 3^ou, that ye may be children of
.your Father which is in Heaven, who is good to
the unthankful, and to the evil." Think of
this, ye proud vain-glorious, and wrathful men,
who say. Shall I yield ^ I am much better than
you. Agree witn your brother quickly, while
you are yet in the way with him. When you
come to your long home, you will be weary,
and find another register or book of account
before you. And here I beg, of all those who
aHall read these lines, if in any thing I have
"been against thcfm, or offended them, to for-
give me for Christ his sake.
XII. Eccles. vi.. Solomon saith, "It is an
evil that t saw under the Sun, and it is very
common among men, that God hath g^ven to
£ome men riches and honour, and they want no-
thing that the heart desires." By such So-
lomon understands lords, and governors in this
world : Take heed of pride, and voluptuous-
ness, wrath and anger, for these are now be-
come very common ; and such men are apt to
cry, Am not I a lord ? Am not I a governor P
ICuig David was veiy nenitent. £xod. 5.
JPharaob tells Moses, '* Who is the Lord, whose
voice I should hear?" But notwithstanding he
must sink in the lied Sea. Take heed, the
sea of sin is deeper than the Western Ocean ;
make haste, mULC haste to get into Heaven's
boat, that ye may set into the ship of God.
XIII. Ye proud, who is there among you
«iU take % view of his life ? This Is very usual
with you to cry, 1 have sent my tailor iiilp
France to bring me newest modes and faahioiiSk
Thou hadst better have gone to Jerusalem, and
considered tlie passion of Christ ; and much
better would it be for thee, if instead of volup*
tuous youngsters, thou hadst some grave an-
cient man about thee, whether seciuar or ec*
clesiastical ; but such men must be fools among'
you. Gen. iii. " Wlien Adam and Eve out of
pride, affected to be like God, they were cast
out trom the presence of ' God." TbeSodo«
mites wore proud, £zek. xvi. 49. ** This was
the sin of thy sister Sodom, pride and idleness,
and fulness of bread."
XIV. Ye oificers, colonels, and great men,
how do you live.^ When a country minister
dies, to whom goes the parsonage ? to him
that brin^ most money. Ye ask not. Have
you studied hard ? do you live a good life ?
are you a good preacher upon trial ? only the
man saith, Here is- my purse, and that's
enough. The deceased parson hath a son, it is
true, that is a scholar, but he hath no money,
or he is too young. Tlie widow hath divers
children. Thus he pleads ; and is not this a
most lamentable thing ? Ye generals and co-
lonels, where are. your camp preachers ? I do
not ask you about quarter- masters, belonging
to either generals or res^iments, those you do
not want, for they fill your purses : And
what religion are they of ? why of this, to
take all they can get. Who knows how long
it will last ? Sometimes you carry your camp-
preachers, or army chaplains, in your pockets !
O how do you rob God of his honour, and your
neighbours of their souls ! He that serves, let
him serve faithfully, that he may be worthy of
his salary. He that hath none, needs not trou-
ble himself about entering into service. Ye
generals, colonels and commanders, when you
are in your march, or form a camp, and are
either liesiegine^, or besieged, pray remember
to exercise brotherly love toward tlie meanest,
as well as the ^eatest. Ye commissaries,
where is the provision ye are to make for the
army ? Three parts of it are in your pockets ;
and then you g^ve the general a present, but
the poor sheep may go to grass. You country-
men (that's the word) you must pay ; give
w.hat you have, and the rest you may keep ;
such a great man, or friend of the genera],
must have a safeguard. The poor widows and
orphans, run alMut like mazed people, with
their children in their arms, their hair dishe-
veled, tears running down their cheeks like
pease ; and you sball not find one in an hua*
dred that will give them one penny, though
you great ones have, may be, taken possession
of their cows, calves, and sheep, x our sol-
diers in their march, must at least have gifVa
brought them : Sometimes the money is drawn
out of the peoples purses by dreadful oaths*
In another place, you let the poor soldiers lie,
as it were, on a neap, and plague the whole
country ; then the poor must run to the ricb
to borrow money of them to treat and enter-
tain the soldiera* You great ones bare abuii«
109] STATE TR|AL8, 34 Charles fl. iSSJ.—^iii ^h£r$,f€r Murder. [1 10
or in the bcwpitals, it is not much . When they
be^in to be merry at their feasts, then the next
discourse is about their incomes. I bare a
ship at sea, saith one, so much I ^t by this
▼oyafvc. Wretched man ! thou taikest of thy
pAn, bnt dost not pray to God ; thou mindest
thy pleasure; thou d^est with the great ones
in the country i sometimes thou §^oest abroad
thyself, and courtiers do cheat thee ; then thou
cursest because thou canst not recover it. In tra*
veiling, men meet with variety of peoj>le. '
Sometimes thou hast an old mistress, her tnou
ffoest to visit ; am) after that hast the confi-
dence to ask, why thy ship was lost at sea ?
(He that hath an honest wife, let him mak«
much of hcr^ for she is a rare jewel). Th«
seamen, when they come to shore any where,
nothing but drinking and carousing all night
will serre them, and the glass must go round,
and that is their way of living ; and from hence
come those many misfortunes at sea.
XIX. Ye doctors of the civil laws, proctors
and advocates, it is needless to expound any
thing to yon out of the scripture, you are bet*>
terschokurs than I. Psal. x?i. It is written,
*< I have set the Lord always before me ;"
This is worth your thinking of; for there may
be men among you who love to shear the-
sheep, so long as there is any wool upon them :
many of you are squint-eyed, looking for the
hand' that comes-with a bnbe, wliich is a. thing
doth more with you, than the g^reatest justi<m
of the cause that is before you. May be, there
is one in fitly who contents himseU with half
so muck as another man takes. The Ho(y
Ghost direct yoor hearts, that you may mind
you neighbour's .good and welfare more, for
that b to act like christians.
XX.; Ye drunkards, ranters, and blasphe-
mers, and underminers of your neighbours,
who give ill counsel, to their nun. Ye
whoremasters, and gamesters, ye haughty,
and wrathful men, I prsly God send you some
sparks of his grace, tnat you may smite your
breasts, as the publican in the temple. I hope
you will consider the text we read in the holy
scriptures, Bev. xviii. 7. where it is said of
Babylon, *^ How much she hath glorified her-
self, and lived deliciously, so much torment and
sorrow give her." From hence divines do infer
That every sin will meet with a peculiar punisb-r
ment in hell, and consequently a proud and
haughty man will have the honour of being
tormented first, or before others^ or will be
trampled on by others. « The voluptuous wBl
have a cup of gall given him ; a drunkard be
plagued with an infinite thirst," Luke xvi. 94,
" The unchaste person, with putrefaction and
worms, which shall break forth at the members
whereby he hath sinned." Ecdes. six. 3. A
slanderer, with seri)ents, and scorpions. There
were some comfort in it, if there might be an
end of this, but <' as the tree falls, so it will lie,
whether it iiill toward the South, or toward
the North," said l^lomon, Eccl. ix. 3. sothut
no change of their torment is to be expected.
The damned can get no cooafbrt, no ease, no
brought hfito you by your officers,
vhereas the poor soldier must content himself
with an empty house. You cause 'the poor
people's oxen and cows to be driv'enaway,
then sell lliem, but the meaner sort must eat
iry bread.
XV. Ye gentlemen, burgomasters, alder-
men, and grand bailiffs, pity the poor in your
exacting contributions. Take heed ye oppress
not the widow and orphan, nor take tneir goods
ftway for your private use ; nor corrupt your-
selves with bnbes. Do you understand the
Latin phruse. Quid juris f or the other, Da pe-
cuMittm y To make your own cause good, you
make feasts at the public cost ; and this hap-
pens often, when you are to sit as judges, either
B matters of blood, or in civil causes. Before
ytm do so, pray the Lord's prayer, and con-
ader the import of that place, John xiii. 3, 4.
" Hereby shall all men know that you are my
piciples, if you love one another ;" t. e. do
justice one to another. There are many good
^hrMans among you ; but alas ! fer more of
Ibe other sort.
XVI. My lords, ye bishops, abbots, deans, if
it be so, that in the town or country you live in,
yoohave ei^er for money, or kindred -sake,
placed any ministers, or schoolmasters, which
are not capable to look to their charge, or to
instruct youth, you will have a yery great ac-
|x>unt to give. Ye great ones, you should at
least visit your clergy once a year ; but I do
not understand to what purpose you put the
poor parson to the charge of a banquet, which
tdws off, at least, a foi^th part of his income
the first year, if his parishioners in the country
do not help him . Y Ou shoul^dpreach and exa-
mine the children, this your office requires. If
the minister hath good drink in his house, he
b commended ; and those that love the good
fiquor, will commend his sermon : sometmnes
there is one that will give him a silver cup for
ins pains, and that's the humour of the world.
XVII. Ye merchants, ye know it is written,
Widi what measure you mete, it shall be mea-
sured to you again. Live np to this rule, put not
oot your money to usury ; content yourselves
with honest gain, for all depends upon the bless-
iufi^ of God ; unjust gains descend not to the
third £;^3neration. Let every man, hi his own
station, take care to mind his calling, and do
what he is commanded; Do not sit down and
write two for one, and then lay the fault upon
your man. Take heed of cursing and impre-
cations, whereby you endeavour to make old
commodities new, especially where the bifyer
hath no great skill, whence he must needs be,
cheated ; you give it him upon your word,
though it is not worth a straw.
Ye seamen and skippers, how do you live at
sea ; take up your anchors in the name of God,
and in the same name you ought to spread
yonr sails. When the merchants grow rich,
fMenthr they must have great gaidens, with
delicate nouses tbr pleasure, where they may
treat theh" rich acquaintance ; If they give at
tay time something to the poor in their houses,
I a 1 ] STATE TRIALS, 34 CAAALES II.
mitigation of their pain ; If they could but
have hopes of *^ a mp of water faan^^BS' at a
finfler'a «nd,*' Luk. xvi. 24. this might yet
refresh them. Bev, xiv. 11. it is said, <^ They
have no rest day nor night, but their shame and
pain shall last for ever. The smoke of their
torment shall rise for ever ;" read the aforesaid
place, though you never read or considered
It before ; the door of grace is yet open. Ye
drunkards, and whoremongiTs, ye Qry, let us
be merry, for who knows now lung we are to
live. Whentbon readest Prov. vi. 11. *' So
shall thy poverty come, as one Uiat tmveileth,
and thy want as an armed man," do not take
in thy meat and drink like beasts, but with con-
mderation of the soperabundant and ahnigbty
P^oodness and oMrcy of God. Tit. i. 15. 1 Tim.
IV. 4, 5. Prov. iv. 17. EocLesiastioos xxsd. ^1.
Jiuk. xjd. 34. For God*s sake read these chap-
ters, and you will see, what hazard you run m
living io the woiM, as if there^were neither
heaven nor hell. There are too many, God
knows, that brieve all things alike. Let us
4)onfe8S our sins, and say. Help Lord and Father,
who art good to aU, and givest toaH, that, we
may waUL in newness oi life, and be zealous of
codd works, to thy f^ory, and the^ of angels,
ue love and education of our neighbour, and
the devil's envy, that we may at last obtain the
end of our faith, ihe salvation of our souls : and
hear the ohdarful voioe, Mat.'Xicv. 21. <^ Wdl
doneisrood and ftithful servant, thou hast been
faithful over a few things, I will make thee
ruler over many things, enter thon into thy
•'sjoy."
Great Healer of the wounds, sin makes,
In hearts with erief, and tears oppressed ;
O bow my soul doth pine away,
"With dolours ^reat and hard to bear !
Almighty Saviour take thou me,
And let me in thy wounds be safe ;
Th«i then it will be well with me.
My soul, my flesh shall rest in thee.
Jonas iiL 6, 7. *' The king of Nineveh, and
all his Mople, humbled themselves, put on
taackdotk, and sat in ashes." Let us put on
.the garment of love, of true repentance^ and
ttorrow for our manifold sins wnioh we have
eonmitted, and through the grace of God we
.fhall obtain detiveranoe from all our sins ; fer
^hiohdehveranoelpiaisehim. I doalveady feel
tkeJUmightyGod in my soul, andthonghl had
•Ihe sins of tne whole worid upon my back, yet
that good, that gracious God, would not let me
>giilk underthat burden, Psal.- oxzx. Thoiigh our
srins are multiplied, yet God's mercy is far
igreater ; his helping hand is net limited. Let
Uie hurt that hatn been done be never so. great,
'«ti]l he is the good Bhepherd, who will redeem
Isnel from all his troubles and transgressions.
1 MessGod nho bath brought me to a sense of
my sins ; nay, lam so well satisfied (praised
be his name) that though 1 mi^t have half the
woiid's goods, I would notd^ireto live longer.
I have had litt!e comfort in this world ; now and
•#iena body is on the -wat^r, by.«Mi by in a
m2^JHal of Cc^imi Cemt^trnm-k [
storm ; eve by land the journey's are km^^ ,„„ .^
tedious. How soon doth sickness oppress 119^
no man is secure of his life ; though a man 1m9
above an enemy, yet there is no r^st £id-»
perors and kinn rise in the morning fredi ami
sound, but the least change of air throws thea»
down, and they must wait for the help of God
as well as beggars. Let us therefore say witb.
Jesus Syrach; man, think, of thy end, and tboi^
wilt never sin ; and to do so, the Lord Jesuy
grant us his grace, for in this I have failed fre-
quently.
XXI. Ye tradesmen and artificers, I will
make but this simple remonstrance to yoo.
Many of you complain, that you labour day
and night, yet you can get nothing : it is do*
your labour altogether, but God's blessing tha^
18 to be regarded. For Christ saith, thou shal^
sanctify the Sabbath, and on that day, go diti->
gently to tbe house of God : thou shalt dq&
swear, or curse, neither thou, nor thy wife, nor
children, nor fiunily. You should not spendl
so much time as you do, in taverns, for tnece
you ordinarily stay till midnight ; and ye ba-
kers, brewers, butchers, sell, as you mean
to answer it to God ; for the magistrates are
apt to connive at you upon the account of frieiid*
ship, or some other relation, but this should not
be. On Sunday morning, instead of your cups
of brandy, you should take a prayer-book u
your hands, and out of that instruct your chil-
dren : look into Psal. 122. <* 1 was glad,''
saith David, '< when they said unto me, let us
go into the house of the Lord ? our feet shall
stand within thy gates, O thou house of God !'*
If any of you fall into poverty or sickness, yoia
that are tneir neighbours set them up agaioy
you need not fear that this brotheriy love will
make you Anabaptists. Clothe yourselves and
children aocordii^ to your state, and condition ;
S've to the poor according to your ability, and
at is your blessing ; for by this means, ypit
will want nothing that is necessary here oa
earth.
XXII. And now je prisoners, how do yoo
behave yourselves m prispm ? Keep dose t»
the Word of God, and you ^ill receive j^ace
and comfort: do not you read, £sa. liii. 4.
^' He hath surely borne our grids, and carried
our sorrows ? He was stricken, and smitten of
Gody and afflicted :" see what he saitji, Mark
xiv. 34. '*My soul is exceeding sorrowful,
even unto death." This said Cnrist at that
time, when for the sins of the whole world, be
sufoed himself to be imprisoned and bound ;
was not that an exoeedine great love, which
Christ hath expressed to aSi mankind ! Creator
love he could not shew. And this he did, that
we might think. of him« when any of us are
taken prisoners. Let such a one examine him-,
self, for what reason he is imprisoned ; if be
find himself innocent, let him have patieoce,
let him not curse : If he find himself guilty,
let him pray diligently ; if the crime be great
andhetnous, let him pray oftcner, and seml;np
his sighs every moment to God, and he ii(ill
turn all. things to his ^vantage. Chast<^
s
:
lU] STATE TRIALS^ Si Chablss IL \6s^.^mul aiter$,f&r Murder. [i i%
Lnd, wIkd lie w«b ttStetk prisoner (thoagli we
ct not to be coiii|Mured with Um) said, Mat.
mi 42. «' AMia Father, not what I will, bat
vbl tlMNt wilt." Behold here his mighty
Iwe, therewith he hath loved us when we were
jtt hb enemies ! He suflTered himself to be
iipnaoiied : this is no small comibrt for you
«M yon Ke in a prison ; for which reason,
oasider seriously of it ; hot stake heed you do
BflC corse in prison ; do not break forth into
viath and anger ; be jmtient, oonflde in God,
who win support you in all things, if you call
ifiNi biiu. Use no threatentngs that in case
yMoome off, you will remember the persons
tfait have been the cause of yoar imprisonment.
His makes your case bnt worse, commit re-
wpgeto God ; for thou art not permitted to be
Ifcine own revenger. For he that ju'lges, shall
heJQf^^. The law of God and man condemns
these things ; he that sins mack must repent
mdi, this is God's order, who c&n truly say of
khnself, as it is John xiv. '* I am the way, the
tnith, and. the life." And if he be the way we
oumot possibly err, if we follow him ; if be be
the tmth we cannot po^ibiy be deceived by
kira ; if he be the life; we cannot possibly come
W aoT thing .that is hurtiul. If your flesh and
hMAd DC straitened in prison by tne temptations
of the devil ; if the chains and shackles press
hard upon you, remember the Crown of Thorns
guilt of his own. Mat. xi. 28. it is written,
** Come to me all ye who are weary and heavy
laden, and 1 will refi^esh you :" and let this be
for yoiv comfort. Nor is it enotigh that a man
is laden with bonds and chains, for that is only
a temporal punishment ; you must at the same
tone, take your hearts prisoners by the word
af God. 8iglrtherefore, with David, and say,
Look not vpon my sins, O God,
Make pure my heart, make c?ean my soul.
A new gloss on my spirit set.
And from thy presence cbase me not.
Thy Holy Spirit ffrant thou me,
With peace and health refresh thou me.
To plMse thee, make me willing, Lord !
Amen.*
Thus oogfat men to live in prison, upon which
by the grace of God, remission of sins must
rily follow.
men ? aftd if a soldier leads a good life, it mny
be said to be stricter than a Capuchin's, hut
such a one is a creature very despicable, yet
more or less according to the country he fives
in. When an enemy knocks at your gates,
ye great ones, and you can but get soldiers
you rgoice exceedingly ; but if God give yoa
peace again, I am sure, you have no com-
mand from him, that they who sened yoa
foithfully, should be cashiered and sent away
without pay, and those which stay behind,
shobld scarce have bread enough to eat. I
suppose they are creatures created of God, and
redeemed as well as you. He that wrongs them
wrongs God in heaven ; here I must die for a
man's fortune, with whom I never changed
wotd all my hfe, for a woman which 1 never
saw ; nav, for a man that is dead, whom t
never had a view of; and are not these three
very ffteat thin^ ? I leave it to every man's
oonsideratton ; it would grieve a man, 1 confess
itis a little hard ; yet be it as God pleases, I
have entirely resigned myself to his will. And
now I will tell yon all that I have loved in the
worid. Next to God and his holy precepts,
I have loved my neighbour till the late
misfortune befell me ; I have ever had a
great fancy to travel, and from a child
have had inclinations to be a soldier, which
desire, ' as that of travelling, hath yet much'
which our redeemer bore, and without any /decreased with time. A courtier's Kfe I
XXIII. I had almost forgotten the common
Boktiery, which I would not willingly do, for
theie is great philosophy to be found among
never much affocted, because the court is ge-
nerally croudedwith asortof pditicians, which
are no better than dissemblers. A leaned and
experienced man I always had a very great es-
teem for whether he were rich or poor ; for I
have met with both sorts^. Lastly, I have
had a peculiar love for three things, yet have
been most miserably cheated by them ; yea
these three were instruments, I made use of,
that day I came into the late misfortnne. I
thought I had an excellent friend in the captain,
but have been sadly deceived in him, and se-
duced by him, that is one thing. Secondly, I
have been no hater of women, and here also I
have been cheated. I have also had a great
love for hoi-ses, and when that late misfortuna
began, was upon the back of One.
Let every pious christian take a view of the
world, let him love nothing, that is in the
worid, but God alone ; let him do no wrong ;
nay, let him not permit another person to do
that which he can hinder, especially where the
poor and metiner sort are concerned ; and ho
Aem, i. e. There is nothing in the worid, but that is rich, let him look to it, that he may
you may find it among soldiers ; you find
Named and unlearned, good and bad, holy and
profligate men, you find some who really aim
at the kingdom of God, and others who suffer
themselves to be blinded by the devil, and live
iceonliiig to his will ; nay many stranrrers
which no man knows who they are ; one tears
God, another bhwpbeines him': In a word, yon
have among the soldiers pious, and impious
* This is part of a Spiritual Hymn used in the
LatheranChmcb.
communicate to the poor heartily ; and let him
do the same to the sick, and to distressed fo-
mtlies, and to strangers. The reoompence God
will give, who is so far fh>m forgetting such
works, that he will reward them a hundred
fold. Grieve no man who is already grieved,
for it is sinful. Rejoice not over any man's mis*
fortune', for before a day be past yon may come
to some sad accident. Take heed you do not
spei^k ill i»f God ; and take no folse oath.
\ esterday I was at the last sermon which I
am hke to hear in this world ; the preacher wm
. 1
115} STATE TRIAIS, 34 Chaubs U. \6%^.^JHd 0f Ctwt C^nk^mm-k [^liCr
an ]SiiffluAim9&» and &• doctor of iMmtyt bui
name Hurnet ; and I can take God to witness,
that in this seitnon my sinful heart was Ofenf/Bd^
and rteei^ed great comfort from it. The i9xA
was as follows ; ^' Christ Jesu^ came 90t to
call the righteous, bu^ sinners to repentance."
.0 joy above ail joy 1 O oomfortaUe promise \
0 sw^t recreation of my soult Nay, nothing
can be found, that tends more to a poor sinner's
comfort, than this comfortable promise. If
therefore Christ J jsus came into the worU to
a^re sinnens ; without doubt be is come for my
sake too. Therefore, O my sins, why do ye
trouble me? Jesus Christ is h^re, who will
take you away from me- Sing and r^oice, O
ngr soul, with Jaooli, Gep. loqai. 10. ** I am
less than the least of thy mercies, and the truth
thou hast shewn uatp thy servant. '' With
David we wills^y, 8 Sam. yii. 19. '^ What am
I. Lord, and what is my fisilher's house, that
thou ha^ brought me thus far ?'* With the
Virgin Mary, we will ^ay, Luke i. 47. ** My
Sfkulmagmne&the Lord, and my spirit bath re-
joiced in the God of my salvation ; for he bath
done great thmgs for me, and holy is his
name."
And here y« great commanded, give me
kaye to. ]Aressqit you with this humble. suppli-
cation, tbat you would not take it ill, because
this writing come^ to you in a homehr atile,
yet it is penned with a good kiteot, and that is
enough. Because I am neither divine, nor
phik>so|>ber, but have hy 1>rafession been a
soldier, I hav^e written thbgs m. very course
language; yet 1 hope no pioqs man will think .
ill ^ it. I have written nothing hut what i
have seen with mine own eyes ; i grant, you
are not all sueh persons, as my writing seems
t9 make out, yet, must ooni^ss, that I have
knqwn abnndanpe of such, but wiU not call
them by tj^ieir . names. I ain sorry I have seen
so much, and have nut esdieHed that evil^
which l^th aK Isutt brought me to shame before
the world.
XXIV. I ^all in toe la^jkiffooe, briefly ac-
qaaint you with my coi^-ae of Mfe. About HJ
yters ago, oiy father of blessed memory,
sent me out of Swedekmd to Gennanland,
where for twa years tog^er I went to school.
Two yeaii; alter that came the Muscovites,
which ol^liged us to fly back toSwedeland.
M)ou^ 33 yeatfrs ^o, I teft Sweden, and went
towards jpomerania, wheie I served the elector
of Biiuidenburg a quarter of a year; from
tli^nce I went through Poland towards the
German emperor's domiqions. From Bohemia
1 travelled mto tl^e NetherlaadB, from thence
iqito Fi'ance; from France again into die
^•therla^ds with the army: After the peace, I
went bac^ to Bohemia, Austm, and Hungary,
and ailer that again to the Netherlands, where
I iitayed Q yetuit, from thence 1 vn^nt farther,
ta Uollaud, Denmark, Sweden, Poland, and
then to Ilolstein, which was m the year 31.
Duriug tliese S3 years, I have been a Papist
1^ years, because I was commonly all that
limn i^ Popiah lointoiMis htK m QobttiA in
the year 81, I turned again to the Lnthemit
relupton, in which I was bom, and bajUi^ed*
andin that, God willing, I mean to die. i
could no longer hear vriui the Popish religiofi^
because of toeur many saifits and intercessor.
There is no relimon, comas nearer to mifi^^
than that of the Protestants in England ; Go4
grant they may Uve in peace with the Calvinista
to prevent quarrels, and in opposition to th^
Papists.
Ah ! my dear Jesua, look upon me with tb^
eyes of thy mercv, and chasten me not ne-
cording to my desert. I firmly hope, thou
wilt not dismiss my broken contrite heart with-
out a blessing, the rather, because thou didst be*
speak the poor thief upon the cross, with tbes^-
comfortable words; This day thou shalt b«
with me in Paradise. O Jesu! let me also
hear this word, and my soul will be safo. t
will not cease praying to the very last, and to
say. Lord Jesu, into thy hands I commemi
ray spirit. These shall l!e my last words, and
when I can speak no more, O Lord Jesu, thou
wiH accept of my sighs, for I believe that thou
earnest intotlie world to save sinaei's, of whom
1 am chief. Now, Lord Jesu, strengthen m^
in all my sufferings. Thou sayest. Come to
me all ye who aji*e weaxy ana heavy ladea,
and I w ill refresh you. In this faith, at thy
command, 1 4w» come, hut altogether unwortk^^
0 Lord Jesu, heal thou me, tor thou art um
true physician of souls. Vea, Lord Jfsn, i
confess, that at present I feel great reJwh-
ment in my sinful heart. I am as an anned
man, who ^ues against his enen^y, and wUH
not draw back one sk^ hut fight ooun^c^ualy.
Now, u\y Lord Jesu, thou hast armed me witb.
a steUia^ I'aitli, and confidence in thee. Grant
me, Lord Jesu, that I may be thankful for tluA
great mercv and goodness; let me wrestl#
boldly, and press through Kfe and death.
Hallehijah.
Let me say, Ijord Jesu, with St. Paul, If
God be for us, who can be against us. Niiy,
he hath not spared his own Son, but Kyyh
given him for our sms. Who wiU accuse tba
elect of God ? It is God that justifies, who
will condemn? It is Christ that died, who
sits at the riffht hand of God and iatoraedes for '
us. Who snail separate us from the k)ve of
God P shall trouble, shall anguish, sha^l perw
secutioo, shall hunger, ahall nakedness, mJl
peril, or the sword ? i^ it is written hy David,
Psal. 18, 28. '' The Lord make my daskMSi
light ; and the blood of Jesus Christ wa^h bm
and purify me from all my sins.*' Amm^
Jesu. Amen, Ai^en.
Whatever state or dignity a true ChriiliMt
is of , lie must not make light of pi«yer,or
tliiok, 1 can pray to morrow, and this businean
1 nmst do to day. Ah! Chriatianj let thy
bnsiness be rather laid aside, except thy foUoir •
christian should be in the pangs o(f death, or
thy house shoukl be on fii«, for these thinga
may cause more thah ordinary trouble. Ne»
elect not the service of God, O my ann, nor tht
festivals of th« duirch, for X mi. vik, '
c
«
«
lirj STATE TRIALS, te CHAMEi !!. l68«.-.BjHr<*Ur#,>r JHkrefer. tnS
wmiW gtre fcjm 3 or 400 dollars f I said, I
knew none : Hereupofn he g&t fbut bmce of
pistols, three little ones, and one brace of great
ones. The ereat ones, and one brace of little
ones, he h^ by him before, and two lonjf
swwxls ; and then said, Now he is a dead man.
He prayed xne to cause two poniards to be made,
wheredr he gave nje the di-aiightj but I wouW
not do it. And now he had a mind to draw
in a great miny niore. At last I had a Tcry
strange ominous di-eam. He saw I was
musing, and then asked roe, what I ailed ? I
told him ( and he laughed, spying. There waa
no heed to be given to dreams ; yet the dream
proved too true. Now, I saw, he was resolved
to kill him ; wlien therefore he importoned ifie
to engage more men in the business ; 1 told
him. What ean you do with so many people,
cannot you take tnree horses, ^'ou will have osi6
for no more ? Hereupon he fetched out money,
and on the Friday befbre the murder was done,
he bought three horses. On l^nday follotving
he told me, I shall get a brave fellow, (that wa}
the miserable Polonian) who came to town on
Friday, and the 9undiiy ^fter he killed the
gentleman, (according to order from his master,
and you know who his master was) mvself
being, then alas ! in the company. Half Hn
hour past Ibur, the gentleman went ))y in hw
chariot before our window. Thereupon wo
went for tlie horses, and afterwards rid toward
the Palhnall, where we met the genfleman in
his chariot, I Hd before the coadi, die captain
went close by it, and then cried, Hold, an^
shewed the Polonian the man in the coach ;
who thereupon gave fire, and shot four or five
bullets into his Body. They say, he lived tiU
next morning, and then died. On Monday
following we were all taken prisoners, and
must now die too ; we have yet four days to
live : The great God pardon us this sin, for
Christ his siOce. Amen. For I repent from the
bottom of my heart, that in my old affe, to
which I was advanced with honour, 1 snould
come to this disaster : but it^s done, and cannot
be remedied. It is written, The days of our
years are few, and when we come to our best
age, it is theu but labour and sorrow.
Mefnorandum,']The\etter, the captain shetv-
ed me one day, was to this pnrpo.se : 1 hav4
given Captain Vratz ihU commission to dis-
pose of the places of captain or lieute-
nant, to whomsoever he shall find capable of
it. So far I read the letter, five lines lower
stood these words, 600 Dollars, which was not
the captain's band, or writing, it ^as hig(
Dutch. 1 seeing the letter threw it dotvn upon
the table, but he nut it up, and underneath, tha
letter was signed, Coningsmark. Thus much
I saw, but made no further reflectimis upon th^
letter, because, God knows, I was bhnded.
Another Memorandum, I have forgot in the
p&pers, which after my death are like to be
paMished, viz. It bath been twice in mf
thoughts, when capt. Vratz was in Hollami, ta
go and tell Mr. Thynn, what the ca^f*"**
mtauied agaxmthhn, but i stitt fbrsr^
wa be ihe eflect of that nwlect. In a word,
■idiiDgr ^onkl have so much of your care, as
ike exercise of prayer, and goin|F to the bou^e
rf God, where you must not sit idle, but work
ia the vineyard, that you may receive your
MniT. which the lord of the vineyard will at
hu give. Consider this, for Christ his &ake.
Amen, Amen. Aly sweet Jesus. Amen.
XXV. And now I will let von know how
I came to that late misfhrtune here in London.
Aftont the «ad of October last I came to Lon-
daa, and lodged in the city, near the Royal
Exchange in Broad-street, m the Dutch ordi-
nary, at the sign of the City of Amsterdaip.
When I hat) be«i there a month, a gentleman
came to lodge there, who calleil himself Val-
fi^s, but his name i» Tratz : He and I b^n
Id be acquainted: at la«t he told me he had a
request to me ; to whom I replied, Tliat to the
iitpaosat of my power he might command me. To
thin he said he had a quarrel with a gentleman,
and desired me to be his second. I told him,
without any consideration, I Tt^ould. A fort-
nigfat after he told me. That it was good living
thereabouts ; and if I would take liTodglng in
diat |>laoe, during the four weeks, he should
atay in London, he would pay forme. Here-
vpoo he took four servants, sometimes he was
lor manymg, sometimes for fighting ; and if
be eoPoM get one, who would kni the gentle-
man, he said, he would give him 900, nay
300 dollars. There it rested for a while. Hfc
dismissed two of his servants, and was going for
France, or • BoUand. The two servants con-
tinued without places. Six days after, I took
leave of my aoonaiotBaee ; and after my things
bad been Xwo .davs on shipboard, I went to the
I^nberan chur<», where I received a letter
ftom capt Vratz. O unhappy letter! The
cnnCentAwere as f<^W6:
* St ; I am sorry I could not have the ho-
Boar to take my leave of you ; but be it all to
vour advantage. I am going for France, yet
nave not as yet a certain commission. In
the mean while ha pleased to continue, either
at Mr. Blocks, or in the city of Amsterdam,
wbere I will apt tail to pay for all. lam,
your obliged servant, Ds Vbatz, alias De
Vaujchs.
After I bad read this unhappy letter, I
efaanged my resolution, and stayed here and
fetched my brings from the ship, and went to
lodge in blackmore-street. About 10 weeks
afttf he returns to London, sends for me, and I
cane ; and himaelf took a !odgtm>: in West-
minster, vrbere I was with him ; and the count
lunseif lay one night in the captaitiV and my
iodgii^. ^e cs^tain then asked me, how
Tbyan M? I toM him, I could not tell, for
I fatd never seen him . Thereupon he told me,
Innst.aee natr, bow to order it, that i may
eome at bitn, if I eouM get but some stout
gg^..-.— «D& yon know no Frenchmen about
tffWB or wtMSt other people there tsf I said, I
iMoid see. Then be added ; Could not one
fat an ltnliftt>9 ^"^^ ttigbt <fopnteh- hitOf I
% 19] STATE TRIALS, 54 €iuRle» II. J fi8«.— TrW of Cmmi dmmgmmtrk [1 2^
I desira tlie doctor, in case any thing of the i
tui{ytam's writings should come abroad, to com-
pare what he sai£h with my confessionft, and to
consider tine with the other. Give unto Caesar
the tbimps that are Cet^r's, and imto God the
things that are GodS. I hoiie I shall go with
the pubUcan into the temple of God : I am a
great sinner, yet God's mercy is greater,
wherein I trust ; nor will Christ therefore re-
fuse a soul, though the body is banged up by
the world. iMy lords, ye judges, I do wish you
all happiness, 1 confess you have a weighty of-
fice, God give you his grace, that you may
neither add to, nor diminish from a cause.
You have seen how I exposed all 'my failings,
and that openly, to God, and to the whole world,
because others may take warning by me, whom
1 leave behind me m the world, ibeg of God,
that people may consider this my poor writing,
the effect of the assistance of God's spirit, and
the desir^ of a pious soul.
The captain desired me, that I would cause
tivo daggers to be made, because at first it was
resolveu, we should fall upon Mr. Tliynn on
foot ; and he would have bad some Italian or
another, to thrust them into Mr. Tbynn's
^y > yet I neither looked out for a man fit
for that purpose, nor would I cause those dag-
fcrs to be made. The musquetoon, or the gun,
fetched indeed ; but it m as 6ut of a house,
which the captain described to roe. The holy
passion of Jesiis Christ preserve me ; the inno-
cent blood of our Lord strengthen roe ; the
pure blood that flowed from his side, wash me ;
the great pain of Jesus Christ heal nic, and
take away the deadly wounds of my soul.
O bountiful Jesus, hear me ; hide me in thy
holy ^>ounds : From thy compassionate heart,
let there flow into ray wicked heart, mercy,
comfort, strength, and pardon of all my sins.
My Lord, and my God, if I have but thy
most holy passion and death in ray soul, neither
heaven nor earth can hurt me. O Jesus! I
ercep into thy gapine^ wounds, there 1 shall be
secure until the wratn of God be over past. O
Xiord, let me alwaj s adhere to tliee ; keep off
li'om me all the assaults of Satan in the hour of
my death. O my dearest Lord Jesus, who bast
spoke comfoitably to the penitent sinner on the
cross, cull to my dylner heart, and speak com-
fort and consolution to It ; assist me, that in my
last necessity, througrh i\ry help, I may happi-,
)y overcome ; and v^en I can speak no more,
accept of my si<^l)S in mercy, and let me con-
tinue on heir of eternal happiness, forihe sake
of .tliy most holy blood, which thou hast shed
for me. Amen. Lord Jesu Christ, my lord
and Saviour. Amen. Amen.
O Jesu, receive my poor soul into thy hands,
then shall I die thy sen'ant. My soul I com-
mend to thee, and then I shall feel no pain nor
sorrow. Amen. Amen. Amen.
Tlvese ejaculations are parts of such spiilt'ual
aonofs, as are oaually &ung in the .LtilheFaft^
Churches.
^ My wants and my necessities
^*^ Je«us, I entrust wiOi U
thee.
Let thy good will protect me Lord,
And what's most wholesome, grant thou nxe^
3. Christ is my life, death is my gain,
If God be for me, I am safe.
3. My I-iOrd, my God, O pity me,
With free, with undeserved Grace !
O ! think not on my grievous sins.
And how I have denied my soul.
When in my youthful days I err'd.
Against thee Lord, thee hare I mnnM ;
Sinn'd then, and do sin every day :
Thee I intreat through Christ 1 mean.
Who was incarnate for my sins.
4. Consider not Lord Jesus Christ,
How heinous my transgressions are ;
Let not thy precious name, O Lord,
Be lost on this unworthy wretch.
Thou'rt called a Saviour, so thou art
With mercy Lord, look on my soul.
And make thy mercy sweet to me ;
Sweet, Lord, to all eternity.
5. Almighty Jesus, son of God,
Who hast q>peased th v father's wrath :
I bide myself within thy wounds ;
Thou, thou, my only comfort art.
Amen, thou art, so let it be :
Give to my faith, give greater strength ;
And taike from me all doubts away ; .
What I have pcay'd for, give me Lord.
In thy great name mv soul hath pray 'd ;
And now her joyful Amen sings.
Ask, and ye shall have.
THE CONFESSION
OF
GEORGE BORODZYCZ,
The Polonian, signed with his own Hand us
Prison, before bis Execution.
I Geoige Borodzycz, do here, in few words,
intend to make known to the world, how 1 earae
into the service of count Coningsmark. About
eighteen months ago, I was recommended, by
letters to the quat&p-master general Kemp at
Staden ; and from thence | was to be sent to
the count at Tangier ; but by reason of the
hard winter, I was slopt, for the ship in which
I was to go, stuck in tue ieetn the river Elbe ;
this made me stay till fucther order. In March
last, I received a letter, which ordered me to
go and stay in. a manor belonging to the
count in the bishoprick of Bi-emen, and there
expect new orders from the count. At last I
received a letter, with onlers, to come by land
for lilolknd ; but destitujte of an opportunity, I
staid till the 18th of November, 1681. And
then new orders came, that I should come for
England to tlie count's brother, where I should
fe^ horses, and convey them to Stras^uigh.
And accordiiigly I left Uambur gh the 24th of
December, 1681, and was at sea till tlie 4th of
February, 1683. When I came to London,
I lay the first night in the city, hanl by the
•Royal Exchange, at one Blocks; and from
thence I was conduct*^ to the count's brolber,
and from thence to the count himself, who wss
to ^ my master ; When I csme to him, capt
itt) STATE TRIALS, S4 CiLuaBS th l662.^M<i Man, for Murisr. [122
Fiatz beiog^ with him, my lord ttld me, I^
iboHiii be with CApt. Viuts three days, tiU|hi9,
I. e. the oonnt's faBange and goods be had on
ikipboord, came. Whereapon the eaptsm sakl
he wouU send his mao lor me neict day, which
was 8mida]j', which he did aocordingl^f^. I
weat with his man, and my lord diarged me, I
should do what oapt Vrata should oraer me to
do. I went thereupon to my. chamber/ and
ssid the Lord's Prayer. On Sunday, about
one of the dock, came op the eaptstn's man
ftr me, and brought me to the captain.
WheQ I saw him, hetold me; << It is weU yon
are come, ihr I have a quarrel with an^n^ish
gentleman ; I did finrmerly send him. two cbal-
K^ges, but he answered mem not ; whereupon
eoont Coningsmark and myself went forFrance;
but that gentleman sent six fellows after us who
were to kill the count and me. Accordingly
they came on us, the count received two
wounds, we killed two of them, and I am now
eotne hither to attack that gentleman in the
open stieelB as a murderer ; and as he hath
begun, so I will make an end of it. " Whereupon
lie gaTe me the gun, which I Should make
use of to kill him. When hereupon I pleaded
with capt. Vratz, and shewed myself unwilling,
saying, that if we were taken, we should come
to a very ill end. He answered, I need not
trouble myself about that, if we should be taken
sruoners, it was be that must suffer for it, not
1 ; and for my service, he would recommend
me to count Coningsipark ; whereupon I
thought with myself^ that it might be hei-e as it
is in Poland, viz. Where a servant doth a
thmg by his master's order, the roaster is to
su/l& for it, and not the servant.
We i« cnt therefore soon after for our horses,
and rid tot^-ard the Pallmall. The captain told
me, I will stop the coach, and do you fire upon
ihe gentleman ; which was done accordingly.
Lord have mercy upon me,
I am beortiK sorry, that my honest parents
n«st receire tnis unwelcome news of me ; the
jifan^hty Goil take care of my soul. I have
gieat confidence in Almighty Crod, and know
Sttthehath offered bis iiten upon the cross,
for the sins of all mankind. Therefore I be-
here, that satisfaction was also made for my
atos ; and in this ftith, in the name of God, I
will die. Lord Jesu give me a happy end, for
tby bitter death and passion sake. Amen.
What pity it is, that I should be about the
space of jwven weeks upon the sea, betwijct
Hanfbnrgh and London, and in great danger
d&y and night, and yet should fall at last into
this unexpected mi^fortdne ! I can bear wit-
ness, witn a good conscience, t)iat I knew
aotbiog of the bnsiiiess aforehand t The great
God pardon those men that have brought me
10 thK fall ; God keep every mother's child
frDiD ail such disasters, for Christ his sake,
inm.
4od I/Jceire the doctor to pray for me, and
to let all the world know my innocence after
IliD dead, that men may see and fear. .
Gborge BonosKT.
PonVGttlFT.
The fieutenant did ofWn desire that their
examinations before the justices of peace might
be published with their other papers ; for then by
the questions put to them, all particuUrB weit
brought to their remembiance, which in the
condition in which they were, they could, not
otherwise recollect so orderiy ; and both he
and (he Polander did always refer themselvei
to those examinations, and to the last averred
the truth of them in every particular ; there^
fore it vras thought necessary to publish them
together vrith their other contessioos. ^
THE EXAMINATION
OF
LIEUTENANT JOHN OTERN,
Taken before Sir John Reresby, baronet,
and WiUiam Bridgman, esq. ; two of his
Majesty's Justices of the Peace of the
county of Middlesex, Feb. 17, 1682.
This examinate saith that seven months age
he .came into England, and lodged at ^
Amsterdam Ordinary. That about five Weeka
after captain Vratz came and lodged in the
next room to him, and in a few days made an
acquaintance with him, and said to him, It is
dear living here, but as long as I stay it shafl
cost vou nothing. This place is dear, 1 will go
and fodge at another place. Acx»rdingly they
went to an house in St. Nicolas lane, where
the captain paid for him. Tbat the captain
told hira, he had a quarrel with a gentleman
with whom he would nght, and that be wanted
a good servant or two. That abgut l4 days
alter the captain went out one morning, saying
he woulci return in the afternoon, but that he
sent for his bdots, and came not again ; that a
certain taylor, who wrought for me captain,
came and discharged the lodgings. That the
Sunday following he received a letter from the
captain, excusing his going away, and saying
be would return in eight days/ but he came
not in nine or ten weeks, that in the said letter
ihe captain directed him to go and lodge at the
Amsterdam Ordinary, or one Back's, saying
he would defray his charges. That the captain
came to town again a clay or two after the
Morocco ambassador had been to see the
gfuards in Hyde Park. That the examinate thea
meeting the abovementioned taylor (who is now
prisoner) with the captain's sword, which be
knew, the taylor told him the captain de^red
he would . come and see biro ; that be accord-
ingly went, but nothing past between them
then of any moment. That the next day the
captain came to him, and began to disconrsa
again about his quarrel, repeating that he
wanted a good .servant -or two, for he would
fight. That about 9 or 10 days affo the captaia
told him he should have a goou servant sud«
denly ; and that if he this examinate would
assist him the captain, he would make his
fortune. That the captain gave him money t»
buy a musquetoon, which he did accpi^ingly*
That this day sevennight the captam boi^^
U$] STATE TRIALS, UCuamlUb II. t68t««^rrM/ of Cemi Omingturk [IM
three hones, aad the tey after said to this ^
•tamitttfte, I ttiust h«t«tlie rOgfHe tiow. Next
day hem^ Saiiday about noon, ithen the P6-
Ibddfer catbe th« caMam said to this enmiitate,
Mttw I hat« got a bftt^« M<m$ and bo liie
captain went to the Polander into anotheir hmmh,
•M wheii ha oasie buk to this ^EaitoiiMtie, he
•aid lobiiB) this Is « bntve lUloir mdeed* f<rr
lie says thoae that will Hot fi^ht must be killed.
That ailer dinner Uie oaptain s^nt out one oT
hte s^hii^ants to know whether the gentliniiftii
Wkh whom be had a i^ar^el, went out, that
the serraat kought word he was gone out,
whereupon the captain put on hisMoto, and
cent this eKaninotefor two horses, t6 be brought
to the Bladk Bull in Holbom ; soon ailer which
another person brought a third horse, and then
the captain, the jPolander, and this examinate
got on horseback, and went towards Charing-
otoss, and hanng gone ftirther in the PaUmdl,
this examinate bein^ about ten yards behind the
coach (which he had met apd passed) heard the
captain say stop or halt to the coecfatnan, and
presently heard a shot, and saw tiie fire, upon
which, he turned abaut, and saw the other two
persons ride away whom he followed*
The examinate bemg gone out of the Toom)
and desirioff to be brought in agiin, forther
paid, that &e captain hath often told him, that
he would giro two, Uiree, or ftur hnndrad
crowns to £md a man to kill Mr. Thynn.
His further EXAMINATION, taken the igth
of February, 1688.
Hesaitli that he had it in his thoughts twice
la go to Mr. Thjrnn and acquaint him that to
^ cafytain was resolved to kUl him. That the
' captain desired him to get an Italian that
would 9tab a man, and that he this examinalc
would get two poniards made : and aakinff the
captain bow he would have them tMule r the
captain took pen, ink, and paper, and made a
drought of them, adding that if he could find
. sUoh an Italian, he would ^Te him three or
fsnr hmnlred erowns, that tbis^ was before the
Polottder came over. l%at upon the same day
when the muider was committed, the captain
hid him charge the musauetoon with fifteen
boUets, whereupon he repued, that then they
ahauM kill the footmen, and aU about the
coach; the captain answered, it matters not
lor that. That this examinate charged two
pistols »one, hut put only *five or aix hnllets
m the muaywLtnon. That some cf the baUeis
were wrspt op in rags, with roain powdered,
which Wovkl bnm. That he heard the cap-
tain cay (as he tbkks to the PoUmderUfaflit if
tiw dove ot*Nonnioutfi were with Mr. Thynn,
■dthing HivBt he done. That the capaain told
hbs, ? he would assist him in this hnsineas,
he wccM pTtwuK Um the oommand of a com -
Ky . That he sitting one day melanehdy by
mMt the oaptain came to him, and aaked
himwhsEthasiMd? Wheieupon this€inroinaa;e
■aid, that he had dreamed that four dogadid
1«t hias, hot that two were chaiiiad, and the
HTOmght hohl «f ^; upo^ which Ihe
eaptahi steiied oonoemed, but presentfy
pMcked out a letter which Was signed Conmgc-*
mai^ m which was eaipresaed that the count
gnre the teptain fnll poWr to dispoae of tii«
captain.'ti««ftenant*s place of his regmiettt, say-
hiff at the same thne (Ibis .^caminate not beim^
Wtftingto receive the letter at Ifirst), What do
yon Imnk I Would he one of the dogs to bite
MT deeelte you f That he afleruards saw Co*
wante the end of the letter the figures of ^MM>
(which he thinles was to expt«to rilt dollars)
Imt what they concerned or rehited to, he
knows not, for being he had seen the power
to dispose o( the coffipany, he read no fhrther.
JoH^i ReR£SBT.
WnxUM BUDGMAM.
kai*
THE EXAMINATION
OF
GEORGE ^OROSKY,
A Polaiider, the 17th of February, 1683, before
Sir J. Reresby, bait., and William Bridg-
man, esq., two of his Majesty^s Justices ^f
the Peace for the county of Middlesex.
Who saith, That he came into England by
the desire of count Coningsmaric, (expreMea
Id him by his merchant] at HBmbui;^h) hot
knew not for what cause ; but afU»> he came,
eottUt Coningsmark told him on Satniday the
11th instant, that he had a quarrel witn an
Eqglish geiMlemaa that had set six persotts
upon him upon the road, in which conflict he
was wounded, and two of the assailants weie
killed. Therefore since the said Mr. Thynn
did attempt for to kill him, he would make afk
end of it. He further said, to morrow will
come a certain sertant to conduct yon to the
oaptain, and what he bids you to do, that yoti
are to obeerre. That a person oanfO on Sun-
day morning about 11 o'clock accordingly, anQ
carried him to another house, where he found
the person that conveyed him to tlie captain,
who toM him that he mi^ do what he hid hhn
to do, giving him a muequetoon, a case cf nislak
and a packet pistol, he having a sword before
riven him by the count ; and the captain fifr*
nier added, repeating k five or six times, wheh
we ^ out together, if I stop a coach, do yon
fire inlo it, and then follow me. They accord*
ingfly took horse, amd when they itaet the
OMch, Ihe oaptain having a pistol in his hand,
cried la the coach, hold, and at the same time
bid this examinate fire, which he #1 accordiiM^
ly . That he being finther examined as to Mr.
Hanson's knowing any thing of this matter,
he saith he dodi not know that he doth. That
as to the arms, there was a blundeihnss, two
swords, two psff of pistols, three pocket pietoh,
two pair of boots tied up together in a land of
sea-bed, and dehvcired to l>r. Dnbsnrfin a
German dociar, who reoeived them at his ow^
house, Jtmn Reuksby
William Bmdoiun.
\Vil STATE TRIALS^ 34 Chaum IL 16t%^^'md MiBr$,Jbr Murier. [itS
fiKUABKS on the Trial of Count CoMD^oiikARi:, by Sir Johk
Hawi^e3^ SoUcitor-Geueral in the Beign of King William the
Third.
I ikmk fit t6 remnwifcnr m tfaa ttmc raepD,
AoQgii before tbb time, one oaBe, to Arm kow
tbe coHFta of jv^ice were reniitt m* vioksit,
teeordng to Im mlijeet matter.
All will agree that the mufder of Mr.
Thyme was one of tiie most barinrons and
ioiMHleBt murdem that ever was eommitted ;
iM of tliat murder oonad ComDgsiiark, thoogli
he escaped ponisbmeDt, was the most guilty.
I do not oom[dain that in that trial the chief
joitice direelcd.the piiaoner the way to make
the king^s eoimsel anew tfaecauae or cfaaHenge
aeaittst the penons called on the jury, and
ifafleoged ibr ihe kingr, without asT reason :
It was his duty so to do; and he ouctit to have
diieded Fitmharris the same method which he
did not: but he was Blameabie that he did not
ask the iieutoiabt and Polander what they
had to any for themselTes, which was always
done before and since that time, and ought to
be, which was an injustice; %nd therefore two
of the prisoners at the time of their sentences
flud,tbeyweie never tried, though I beKeve
no gre«t injary to them, because they had
little or nothing to have said for themselves.
But if they liad been asked, they would
have said, as tney did before their trials to ^be
justice of peace who committed them, and as
ifaey ^d aHer their oondemnationfl, that count
Coninesmark put them upon doing what they
did, whidi might have iimiienced the jury to
have found the oount guilly, which was con-
trary to the design of the court ; and it was
ftrthe same reason the chief justice would
not permit the justice of peace to read the
essmination of Stem and'Boroeky.
1 da agree^ that what they said before the jus-
tice of peace was not evidence against the oonnt ;
I agree that the count being imUcted and tried
as aoeeasavy, at the same time, the principals
wcra indicted and tried, tiie principals couM
not be good witness against the count, be-
cause properly a principal ou^t to be opn-
victed before the accessory be tried ; and there-
fore, though for expedition both are ti'ied toge-
ther, yet the verdict always is, and ought to be
given against the principal, before that of the
accessory.
But I deny what was in that trial hud down
ftr law, that tiie aiccessery being in the same
iaSctraent with the principal must be tried at
the sane time. It is tme, the count desired
his trial might be put off for two or three days,
vhieh the court knowing what was best- tor
tbe count denied, and not for the above pre-
teamed reasans; for an indictment against
many may be joint, ^nd yet the trials may be
isferal ^ Ae truth is, in such cases the indict-
SaeBl ia joint and several.
AappMe the neeeasory, at the triah of the
prine^nla, had not bean in custody; wiO any
person say, that if aftetwaids he was taken,
ho canH l»e triad upon that indkstment in which
he was joined with the principals P
Bui basidca a hundred pteoedents not printdl
there is the case of George Salisbury et al< hi
Plowden,^ )00. whete il was lesohod thikl
though an iadietnont against many is jomt^
yet ttie Venire may he senaral against each
person and consequently the trials may be se-
veral ; and, if so, then the times of the toiala
nw^ be several; but that which into be o6qi.
plainedof is, that the count, in the opinion of
allnaankind, at that time andsinee^ was the
most guiHy man ; yettheoare taken to pniush
the less guilty, as Stem and Borosk^, was in
order to let the most ffuflty escape ; lor I think
both Stem and Borosky might, tod would have
been good witnesses against the count, if the
court would have permitted it. The count
might have been indicted as accessory to Vrats
only ; for the accessory to all the principals is
accessory to every of them severally : ana when
the court in their private consciencen were sa-
tisAed the count was most guilty, they ought
to have been cunning, astuti^ as my lord Ho-
bart calls it, to have brought him to punish-
ment. But it was said, Stcra and Boroskjt
being indicted of the same crime with the
oount th^ could not be good witnesses against
him, which I think is no more law than truth :
Truth it wasitot, for the count was indicted a*
accessory, the rest as principal^. But takinr
it that idl were indicted and tried as priqctpaB
for the same fact at the same time, why i$ not'
the evidence of the one good against the other f
First, I think there is no express resolution fhr
that point of law, but a late rule given nl
Kingston assizes upon the tri^l of a nyud aiid
one Saterwaite |br bummg of an boose ^ and
therelbre there is a Uberty to examine hf rea-
son how the law is. I agree if a man is iq-
^cted and tried for kSKng onother, he shall
, not be admitted to say, Bf did it by himself^
but T think he may be a good witness to prove
that he and B. did it ; thaf is to say, he shall
not give any evidence against anotner, which
tends to acquit himself as well as accuse ano-
ther; and I think he m^y give erid^nee whi^^
accuses another of the same crinte wliereof he
is indicted, if it doth not teiid to acqi^ him->
self.
For it is egreed on dl hands, that behi^
guilty of the i^me crime, doth not disahlQ. a
witness ; for then Kumsey ^nd several pi^on^
in the lord Bussers plot, aa it waa called, haff
not been good witnesses. In the ne)[t plaoo,
the circumstance of an indictment against tbO
witnesses for the same thiiK^he testifies againirt
another, do not disable him; Widdrington was ln<
127] STATE TRIALS, 34CHAftLBS tl. l6li2^^Trial of Lord Grey and ctken, [129
dieted for the same thinffs, of which he gare en •
dence against several otners as his complices in
robberies. Nay^tbelaw hath given somewhat
more .credit to the evidence of a person bdicted
as a witness of the same thinffs against others,
than it does to a person not indicfeed ; as in the
casepf an approver, which, as Stamford (S. P.
C. Lib. S. c. 53.) says, was a penon in prison
Siot at large) for the fact for which he was in-
ctod, arraigned upon an indictment, or an
appeal of felony, who before a coroner assigned
hy die court, confesses himsell' gnflty of the
felony of which he is indicted, and not of any
other, and confesses other persons, naming them
as coadjutors with him in committing the crime
of whicii he is indicted, and not <jf any other
crime ; so much credit shall be given to that
confession, that process shall be made out
«ffainst the person impeached, who, if taken,
aball be arraigned on that opproTement, as if
an indictment by a grand jury had been found
against him : and if the law gives so much
credit to an approver, I think no person can
shew me a reason why a person indicted is not
a good witness against pother ibr the ssima
crime.
It is true, Stamford (8. P. C. lib. 2. c. 58.)
says, if the king jg^ves an approver a pardon^
he is a good witness ; which implies, that
otherwise he is not : But it must be considered,
that the reason of that is, that an approver
being indicted, as he always is, and conressihg'
the indictment^ is convicted ; and a person con*
victed of felony cannot be a witness till par-
doned. But it will be no argument why Steam
and Borosky had not been good witnesses
against the count before they were convicted ;
and it was a like piece of justice, that whereas
the count wa^ the moat guilty, he was ac-
quitted.
Vratzbeingthe next greatest offender, was
honourably interred, and Stem and the Pom
lander, who were the least offenders in that
matter, were hanged in chains.
It was somewhat like the new England law,
remembered by Hudibras, (Part 2. Canto S.) of
hanging an useless innocent weaver for aa
useful guilty cobler.
C90. The Trial of Fohd Lord Grey of Werk, Robert Charnock,
Anne Charnock, David Jones, Frances Jones, ai^d Re-
becca Jones, at the KingVBench, for a Misdemeanor, in
debauching the Lady Henrietta Berkeley, Daughter of the
Earl of Berkeley : 34 Charles II. a.d, 1682*
There having been an Information nie-
f erred against the right honourable Ford lord
Grey of W^rk, and others, by his nu^enfy's
attorney -general sir Robert Sawyer, the first
day of this Miohaebnas-Term ; and the lord
Orey having then pleaded to it Not Guilty,
and the other defendants, the like afterward,
and the king's attorney joined issue upon it ;
Tuesday the S 1st of November 16&2, was ap-
{MMnted for trial of this cause ; but it was then
a4ioumed to this day, because one 6f the wit-
nesses fiir the king was not ready ; but this
day it came on about nine in the morning at
the King's- Bench-bar, and hdd till two in the
afternoon, all the judges of the said Court bein^
present : viz. Sir Francis Pemberton, C. J. sir
Thomas Jones, sir William Dolben, and sir
Thomas Raymond.
First, Proclamation was made for silence,
and then for information, if any person could
give any, conoeming the misdemeanor and
offence whereof the defendants stood im-
peached : then the defendants being called,
and appearing, were bid to look to their chal-
lenges, and the jury being all gendemen of the
* See Emlyn's Preface, vol. 1, p. xzxIf, of
ftu9 Collection. 4 Bkdutone's Conunenta-
/ies 0^, and Mr. Christian's Note. 4 Hawk.
Pleas of the Crown, p. 409. 410, 7tli edition,
a Leach, and the books there cited. East's
Cr. chap, il, sect 10, chap. 9, sect, 3.
county of Surrey, were called, challenged and
sworn in this oraef.
CL of Cr, 1. Sir Marmaduke Gresham ; i
Sir Edward Bromfield ; S. Sir Robert Knight-
ley; Sir John Thompson.
Serj. Jefferiet. We challenge him for tha^
king.
Mr. Holt. Then we challenge tauti per
atfaiUy unless the king shew his cause of chd-
lenge ; for by the statute of 24 Ed. 1, the king
cannot challenge without cause.
Seirj. J(^. But by the course of practice, all
the pannel must be called over before the long
shew his cause.
Mr. Attorney Oeneral. (Sir Robert Sawyer)
Before the party can have his challenges al-
lowed, he must shew his cause; but they
must go on with the pannel in the king'^ case,
to see if the jury be full without the persona
challenged, and that is sufficient.
X. C, J. (Sir Francis Pemberton.) If they
challenge any persmi for the kiiu^ , they must
shew cause m due time. For I take the couise
to be, that the king cannot challenge without
cause, but he is not bound to shew his causa
presently ; it is otherwise in d^ case of ano-
ther person.
Serj. J# That hath always been the re-
gular course.
Mr. Holt. Our challenging toutg per availe^
doth set all the rest aside til! cause be shewn.
JLC.J. The statute is, the king shallahev
a
TRIALS,
^ li^^^^J" !i.^u"^**S I n<>"«ble Ford lord Grey of Wei*; Robert
aiKi m^er wrty that they botK Chamock. late of the paVish of sT-BotohA,
flhRll «hew «„«. Aldeate, London, gent Anne Chamock, Wife
of the said Robert Chamock ; David Jones,
of the parish of St. Martin-in-the- Fields, in
the county of Middlesex, raiUiner ; Frances.
Jones, wife of tlie said David ; and Rebecca
Jones, of the same, widow ; for that they
(with divers other evil-disposed persons, to the
said attorney general yet unknown) the 20tk
day of August, .in the 34th year of the reign
of our sovereign k)rd the king that now is, and
divers other days and times, aa well before a^
after, at the parish of Epsom in the county of
SuiTey, falsely, unlawfully, unjustly, and
wickedly, by unlawful and impure wajs and
means, conspiring, contri\ ing, practising, and
intending the final ruin and destruction of tlie
lady Henrietta Berkeley, then a virgin unmar-
ried, within the age of 10 years, and one of the
daughters of the ri^lit honourable George earl
of Berkeley (the said lady HenrietU Be^eley ,
then and there being under the custody, go-
vernment'and education of the aforesaid right
honourable George earl of Berkeley her father)
they the said Ford lord Grey, Robert Char-
nock, Anne Chamock, David Jones, Frances
Jones, and Rebecca Jones, and divers other
persons unknown, then and tliere falsely, un-
Ia\vnUly, and devilishly, to fulfil, perfect, and
bring to effect, tlieup most wicked, impious,
and devilish intentions aforesaid ; the said lady
Henrietta Berkeley, to desert the aforesaid
H. B. ad deferend' prefat' prenobifem G. C B.
patrem pred' Dom' H. et ad Scortac' fornicat*
et adulteiium committend' et in scortat' for-
nicat' et adulter' cum prefat' F. D. G. (eodeni
F. D. G. adtunc et diu antea et adhuc marito
existen' Dom* Marie al* fd' pi«d' prenobir G.
C. B. et sorer' pred' Domine H.) contra omnes
leges tarn divin' quam human* impie nequit*
impure et scandalose vivere et cohabitare tenta-
ver' incitaver' et solUcitaver' et quilibet eorum
tunc et ibidem tentavit incitavit et sollicltavit
Etquod prcd' F. D. G. R. C. &c. ac aP pei-son*
ignot' VI et armis, &c. iUicite injaste sine li-
centia et contra voluntat' preiat' prenobil' G.
C. B. in prosecution' nefandissimar' conspirac'
suar' pred' prefat' Dom' H. B. ibidem circa
horam 12 in nocte pred' 20 diei August' Anno
suprad' apod pred' Pai-och' de E. m Com' S.
the king and another party
challenge, the other pwty shall shew' cause
first.
Mr. Hoi£, My loid» we challenge toutx per
rntaile.
' I^C, J. You must shew a reason lor it then.
Att, Gen. The king shall not be drawn to
■hew his cause, if there be enough in the
pannel besides.
Mr. Williaam. That is to say then, that the
king may choose whom he pleaseth against
the statote.
Seij. j,^^ No, Sff, we desire none but honest
and indiflerent gentlemen to try this cause.
H. C. J. The old challenge is taken away, by
tiiat statute, from the king, < quia non *^sunt
* boni pro Domino Rege,' and therefore if the
long* ^allenge any, he must shew cause, but
it must be in bis time, and not befofe you shew
your's. Let him stand by a-while.
CL jtfCr. John Sandys, esq.
Sag. Jeff, We challenge him for the king.
Mr. HoU. For what cause. Sir?
Serj. Jeff. We ^ill tell you in good time.
CI. ofCr, 4. Sigismund Stiddulph ; John
Weston.
Mr- Weston, My lord, I ani no freeholder.
Mr. Holt. He challenges himself.
i. C. J. WeD, he must be set aside.,
a. cf. Cr. 5. Thomas Vincent ; 6. Philip
Rawleigh ; 7. Robert Gavel; 8. Edward
Bray; 9. Thomas Newton ; 10. JohnHalsey^
11. Thomas Burroughs, and 12. John Petty-
ward. •
CL qfCr, Gentlemen, you of the jury that
are sworn, hearken to your charge.
Surrey a. Sir Robert Sawyer, kt. his ma-
jesty's attorney general, has exhibited an In-
formation* in this Court, against the right ho-
* The Ldtin Indictment runs thus :
Rex vertus Dom' Gray.
Mich. d4 Car. Secundi. Rot. 1.
If. Oood Ford Dom' Gray de Wark R. C.
Duper de, &c. Gen' A. C. Ux' pred' R. C. D.
J. F. J. ux' pred' D. J. et R. I. cum divers'
al' male dispoit' p'son' eidem Attorn' dicti
Dom' Regis nunc general' adhuc incognit' 20
die Augtusti Anno uegni Dom' Caroli secundi
nunc Reg^ Angl*, &c. 34 et divers' aP dieb' . -~^ ^ ^„^„ * «.«^„ «^ «. ^ v^^m „,
et vidbus tam antea quam postea apud Pa- pred' e domo mansional' pred' prenobiP G.
roch' de Epsom in Com' Surr' ialso illicitc C. B. ibidem scitu^t' et existen' et e custod' et
Regimine ejusdem G. C. B. ceper' asportaver'
et abduxer' Et pred' Dom' H. B. a pred' 20
die August! Anno suprad' et continue postea
usque diem exhibition' hujus information apod
Paroch' de E. pred' in Com' pred' et in divers'
locis secret' ibidem cum prefat' F. D. G. illi-
cite nequit' et scandalose vivere cohabitare et
remanere procuraver' et cansaver' et quflibet
eorum procoravit et causavit in Magn' Dei
Omnipotent' displicent' Ad ruin am et destruc-
tion'preiat' D. li. B. et amicor' suorUra tiis-
titiam et disconsolat' in malum st pernitiosvuu
exemplu', ice, Und«, &c, *
K
iapiste et nequissime per illicitas et impuras
Tias et medias conspiran' machinan' practican'
etiatenden' final* ruinam et destruction' Do-
mine Henriet' Berkley tunc Virgin* innunt'
iaSn etatem 18 Annor' et un' iilia' prenobilis
G. Conit' Berkley (eadein Dom' H. B. tunc
et ibidem sub custod' Jl^mine et educat'
wnenobi"
frdDc
J- — « ignot* ^
joste et diabolice ad nequissimas nefandissimas
et diabolicas intention' suas pred' perimplend'
peifidend' et ad effectum redigsod' pred' Dom'
roL IX.
131] STATE TR1AL8, 34 CttAfttE3 II. l68S.— Tria/ 6f Lard Grey and tfthrB, [1 S«
right honouraible George earl of Berkeley,
father of the atbresaid lady Henrietta ; and to
commit whoredom, fornication, and adultery,
«nd in whoredom, fornication, and adultery,
to live with the aforesaid Ford lord Grey (the
6aid Ford lord Grey, then and long before,
and yet, beinj? the husband of the lady Mary,
another dan^ter of the said right honourable
Cicorci'e earl of Berkeley, and sister of the said
lady iTenrietta) ag;ainst*all laws, as trell divine
to nninan, impiously, wickedly, impurely, and
«c&iidalously, to Kvc and cohabit, did tempt,
invite, and solicit, and every of them, then
and there, did tempt, invite, and solicit. And
that th^ aivresaid Ford lord Grey, Robert
Cfaamock, Anne Chamock, David Jones,
Frances Jones, and Rebecca Jones and Olher
persons unknown, with force and arms, &c.
unlawfully, unjustly, and t^ithont the leave,
and a^fainst the will of the afoi>^d right ho*
iiourable Oetfr^ eail of Befketey, in nrosc-
cutron of their most wicked cimspiracies
aforesaid ; the said lady Itenrietta BtHteley,
ihen and there, about tnC hour of t^'elve m
tlie night-time, of the said 20th day of August,
in the year aforesaid, M Ihe afortsaid parish
ff Epsom hi the county of tSftrrey afbresaid,
«nt of the dwefling-house of thfe said right
fcononrable George earl of Berkefry there
iitimte and being, and offt of tlie custod}' and
govcrnnrent of the said carl of Berkeley, did
take, cany, and lead away. And the said
lady Henrietta Berkeley, hotn ihe said 20th
day of Aunpust in the yeJtr aforesaid, and con-
tinually afterwards, onto the day of the exhi-
bition of this information, at the parish of
Ej>som albresaid, in tlie county of Surrey
aforesaid, and in divers secret places there
with the said Ford lord Grey, imlawfully, wick-
edly, and scandalously to live, cohatnt, and
remain, did procure and cause, and every of
them did procure and cause, to the great dis-
pleasure of Almighty God, to the ruin and
destruction of the said lady Henrietta Berke-
ley, to the grief and sorrow of aU her ii-irnds,
and to the evil and most pernicious example of
all others in the like case offciidinsr; and
a^.unst the peace of our Haid 80Ter€;i,Ti lonl the
kin^', his croAvn and dijnjitv. To this infor-
mation, the defendant, ihc lord Grey, and the
other defendants, have Kcverally pleaded Not
Guilty, and for their trial, have put iliemselves
lij)on the country, and the king's attorney like-
wise, Hliich country you are : your chai^' is
tp enquire whether the defendants, or any of
them, are Guilty of the ofl'ence and misde-
meanor whereof they stand impeached by this
informatiou, or not Guilty : if you find tiiem,
or any oftliem, Guihy, jou are to say so ; if
you ftnd fliem or any of them, not Guilty, you
are to say so, and no more, and hear your
evidence.
[For which evidence to come in, proclama-
tion was iiiade, and then Edward ^i^uith, tf^,
a Bt?n(lier ofilie i^Iiddk-Temnle, oiiened the
iHtormaiiou.] .
Mr. Smith, May it nlease y onr lordship, and,
gnitlemen, you of tiie Jury ; Mr. Attorney
eneral hath Exhibited an information in this
court, against Ford lord Grey of Werk,' Ro-
bert Chamock, Anne ChamocK, David Jones^
Frances Jones, and Rebecca Jones, wherein
is set forth. That the defendants, the 90th of
August, in the d4th year of this king, at Ep-
som, in your county, did conspire the ruin and
titter destruction of the lady Henrietta Ber-^
keley, daughter of the right honourabte
George earl of Berkeley ; and for the brin^in^
about this conspiracy, they have ticdncod her
to desert her father's house, thoQgh she be
under tlie age of 18 years, and under the cus-
tody and governmoit of- her fkthfer ; and so-
licited her to commit whoredom and adultery
with rtiy lord Grey, who was before married to
the lady Mary, anothdr danghter of the earl of
Berkeley, and sister to the lady Henrietta.
That alitcr fhey had thus inveigled her, they
did upon the same 30ih day of August, carry
heir away Out of the Ivouse, without the earl^
licence, and against Ims will, to the intent di«
might live an ungodly and dishonourable fife
tViUi my lord Grey. And aftet they had thu»
carried ner away, they obscured her in secret
places, and shifted abottt from place lo ptacc,
and continued this course of life ever since.
And thbtiie infonnation says, is to the dis-
pleasure of Almighty God, the litter roin of
tlie young lady, tne grief and affiictiou of her
fiiends, the evd example of all others in the liktt
case offending, and against the king's peace^
his crown and dignity. To this all thes6 de-
fendaofs have pleaded Not Guilty ; if we shall
prove them, or any of them, Guihy of any of
the matters charged in this information, yon*
shall do well to find them Guihy.
Att. Gen, My lord, and gentlemen of tha
jury, the course of our evidence will be this ;
That this unhappy gentleman my lord Orey^
has for four years togetlser, prosecuted aa
amour with this young lady ; and when it
came to be detected (some little accident dia-
covering somewhat of it) my lady Berkeley
did find there was some bnsiness of an extra-
ordinary nature between tbem, and thereupon
forbid my lord <>rey her house. My lord
Grey he made many pretences to my lady,
that he might come to tt;c house to give them a
visit before he dopartf c, being to go into the
country ; and he takes that opportunity to
settle this matter of conveying the young lady
away in a very short time. And early on the
Sunday rooming, she was, by Chamock, ano-
ther of the defendants, conveyed from die
house of my lord Berkeley at Fpsom, and
brought here to I>oudon. We shall in the
course of our evidence ^^hew how she was
shitleil from place to place, and the nevend
pursuits tluit wero made in search af)iei'her.
We shall discover to you, how she was hur-
ried from one lodging to anotlier, for fear of
dis/w ery. Nay, we shall prove, that my lord
Cirey has owned and confesnf d thnt he had
her, that she was in hL» caie and custody, and
iSS] STATE TRIALS, 3i Ch^ELES II. 1 SS^.-^/or debauciing Luiy H. BerMeif. [ 134
tliat be onmed tbe severel instaooes of his
««wan. But I had rather the evidence should
^eak it, than I open so much as the nature of it.
Sol. Gen. Mv lord, we shall call our wit-
nesses, who win very fully make out thb evi-
dence that 3Ir. Attorney has opened to you.
TTiat my lord- Grey did a long time make love
to this young lady, thoug^h he were before
uianied to her "sister. This treaty was disco-
vered by my lady Berkeley last summer, upon
an accident of surprising the young lady in
writing a letter to my lorf, and thereupon my
lady Berkeley chaigeth my lord Grey with
these applications to her daughter, that did so
moch misbecome him. My lord Grey was
then so sensible of his fault, that he seemed
Tcry foU of penitence, and assured my lady,
he would never do the like again, and earnestly
desired her by all means to conceal it from my
lord Berkeley ; for if this sliould once come
to be known to him^ he and the young lady
would not only he ruined, but it would occa-
sion an irreparable breach between the two
families, and of all friendship between my lord
Beikeley and him. And therefore he desired
n»y lady Berkeley (who had justly forbid him
her boose for this great crime) lest the world
should inquire into tbe causes of it, and so it
should come to be known, tliat his banishment
from her house mi^fat not be so soon or sudden P
But he begs^ed of her ladyship, that he mi^t
be pennitted to nudce one yisit more, and with
fllthe protestations in the world assured her,
it was not ivith any purpose of dishonour,
that he desired to come and see her, but that
bis dmrture might be by degrees, and so the
kw taken notice of. When my lady had thus
char^ my lord with his unwortliy carriage to
hfirfiumily, and he had seemed thus penitent
forit, she chaiges her daughter also, with her
Iping any aDowaaoe to tnese indecent prac-
tices of my lord's ; she thereupon fUls down
on her knees to her mother, to ask her pardon
^ her great offence, and, with tears in her
eyes, confessed she luiid done verv much amiss,
ind did hnnably hope she mignt obtain for-
giveness fbr it, being yotmff, and seduced by
jnylord Grey, and promised she would see
kini no more, nor have aoy thing more to do
with him. Illy lord Grey he is permitted to
come once more to the house, upon those as-
severations andpromii^es of his, tliat it should
be with no dishonourable purposes in the
workL It waA, it seems, in his way to his own
house at Sussex, but coming thither, he takes
to occasion to continue there, and stay a little
^ long for a visit; whereupon my lady
Bertceley began to suspect it was not a transient
visit became to make at her house, but that he
had some ill design in prosecution of tbe same
fiiuH that he bad been so long guilty of.
And that suspicion of her's was but too well
giounded, as appeared afterwards. Our wit-
n«ae8 will tell you, that my lord Grey, just bc-
Xsre his departure, was obscn'ed to be very so-
licitOQs and earnest with his man Cbaruock
(whom we shall prove by undeniable evidence
3
to be tbe man that conveyed her away) giving
him some directions with "great earnestncijs,
what to do was indeed not heard, ^ut the event
win niainly shew it. For my lonl Grey Uiip-
self, ne went on his journey into Sussex, and
lay ^ Guilford that night she was carrietj away,
and the next morning she was missin;^. There-
upon my lady sends after my lord Grey, justly
suspecting hi in to be guilty of tills violence
and outrage oflered to lier'dauglitcr and fe-
ipil^^, and they overtook him at Guilford, be«
fore he was got any further on liis journey, and
there acquaint him the lady was carried away,
and that my lady suspectcdf (as well she might)
he knew whither. Tlien immediately he
makes haste up to town, and writes ray lady a
letter, that truly he would take care to resioivj
peace to tbe family, that by his folly bad been
so much distuii>ed : And there were* some
holies of retrieving the matter, ^hat this scaa-
dal upon so noble a family roigbt not he made
public \ for certainly an ofTcnce of this nature
was not fit should be so, nor indeed was ever
heard of in any Christian society ; I am sure
I never read of jmy such cause in the courts of
law. And it was impossible any way to have
prevented the scandal, but that which my lady
took, to pass over all, by desiring to have her
child restored again to her, before such time as
it was gopje so tar, as there is too gi'eat rea-
son to suspect il now is. But after that, my
lord Grey was so far from performing what lie
had so solemnly promisea, and making the
matter up, that he stood upon terms ; he was
master of the lady, and he >VQ\ild dispose of
her as he thought ^t : Third jiersons and
places must be appointed where* she must b«
disposed of j vrith capitulations, that he should
see her as often as he thought fit ; which was
(if possible) a worse indignity than all that he
baa done betbre.
We shall prove to vour lordship, that he did*
a long time befbre this violence was oficrcil,
make applications to this young lady, and that
must (as any man will believe) be ^pon no
good account. We shall shew all tlie base
transactions in carrying away tlie lady, after
tliat confidence which my lady reposcsj in his
protestations to do nothing dishonoumhly, so
as' to admit him to make a visit; which cer-
tainly was the greatest breach of the vor\' laws
of human society, against all the laws of hos-
pitality, besides the great transgrcssioir of the
laws of God and men. Yet even then, he se-
duced the lady away. For we shall plainly
prove she was carried away by hi« coachman
that once was, afterwards nis gentleman, and
how she was from time to time conveyed ^o
and fro.
Mr. Serj. Jeff. This story is indeed too me-
lancholy to he often repc&tea, tbe evidence had
better tell it : only this one aggravation I would
take notice of, which will he made out in tlie
proof toyou of this matter charged ; and tliat
IS this. That mv lord Grey, after such time us
it was known she was iu nis power, ga\ e one
reason for his not delivering her up, (u^id 1 am
135] STATE TRIALS, 34 Charles II. 1 682.— Tnfl/<>/JLoriGrfyflarfolA«r#, [t36
sorry to see his lordship should think it a rea-
son) he bad inquired how far the law would
eietend in such a case, and that be knew, aud
Could ffive a prec^ent for it (which the wit-
ness will tell you of) that the law could not
reach him ; and that as long as he had i^n
Such a course for obtaining tl^t which was his
greatest pleasure, he would not now part with
cr, but upon such terms, that he might have
Kccess to her when he pleased. To such a
height of confidehce was this gentleman ar-
rived, in tliis barbarous and infamous wicked-
But, as I said, it is a story too black t«
ness.
be aggravated by any thinp^ but by itself; we
shall therefore cq\\ our witnesses, and prove
our fact.
[About this time the lady Henrietta came
into the court, and was set by the table at the
judges feet.]
Earl of Berkeley. My lord, my daughter is
here in court, I desire sne may be restored to
roe.
Seij. Jeffl Pray, my lord Berkeley, give os
leave to go on, it will oe time enough to move
that anon. Swear my lady Berkeley ; (which
was done, but she seemed not able to speak).
Sol. Gen, I perceive my lady is much moved
at the siglit of her daughter. Swear my lady
Arabella tier daughter. (Which was done).*
Serj. Jeff. Pray, mad&m, will you acouaint
my lords the judges, and jury, what you know
concerning the letter ycfa discovered, and how
you came by that discovery ?
Lady Arabella. My mother coming to my
lady liarriett's chamber, and sedng there a pen
wet with ibk, examined her where slic had been
writing. She, in great confusion^told her she
had b^n writing her accompts. My mother
not being satisfied with her answer, commanded
me to search the room. Her maid bcin^r then
in the room, I thought it not so much tor her
honour to do it then. I followed my mother
down to prayers ; after prayers were done, my
mother commanded my lady Haniett to give
me the keys of her closet and her cabinet.
When she gave me the key, she put into my
hands a letter, which was written to my lord
Grey, which was to this effect: * My sister
* Bell did not sus]>ect our being together last
* night, for she did not hear the noise. I pray
* comcagain Sunday or Monday, if the last, 1
* shall be very impatient.'— I suppose my lady
Harriett gave my lord Grey intelligence that
this was tou]>d out ; for my lord Grey sent bis
servant to inc, to acquaint me he desired to
speak with me. When he came in first, she
(J mean my lady Harriett) fell down upon the
ground like a dead ciieature. My lord Grey
took her un, and afterwards told me, said he,
' You see how far it is gone between us 5* and
he declared to me, he bad no love, no consi-
deration for any thing upon earth but for her ;
* I mean dear lady Hen,' said he to me, for
I say it just as he said it. And after this, he
told me, he would be revenged of all the fa-
mily, if tliey did expose her. I told him it
would do us no injury, and I did not value
what he did say ; for my own particular, I de-
fied him and the Devil, and would never keep
counsel in this affair. And afterwards, when
he told me be had no love, no consideratipn for
any thing upon earth but her, I told my Jady
Harriett, * I am very much troubled and amaz-
ed, that you can sit by and hear nay lord
Grey say and declare, he has no love for any
but you, no consideration for any one upon
earth but you, when it so much concerns
my sister ; for my part it stabs me to the
heart, to hear him make this declaration
against my poor sister Grey' [Here she
stout a while. J
Sen. Jeff". Pray go on, madam.
liady Arabella. After this she said nothnig ;
I told her, I suspected my woman bad a hand
in it, and therefore I would turn her away.
This woman, when my lady Harriett ran
away, being charged with it, swore she bad
never carried any letters between them; but
after my mother's coming to London, both
the porter at St. John's, and one Thomas
Plomer accused her that she had sent letters
to Chamock, who was my lord Grey's coach-
man, now bis eentl^man. I told her. then, I
did much wonder, she being my servant, should
convey letters between them without my know-
ing : she then confessed it to me, but withal
she told me, * How could I think there was
< any ill between a brother-in-bw and a sister?*
And upon this she confessed to me she had
sent letters to Charnock, though before she
had forsworn it.
Att. Gen. Madam, have you any thing far-
ther to testify in this cause ? Have you any
matters that you remember more P
Lady Arabella. There is more of it to the
same effect ; but all of it is only to this effect.
L. C. J. My lady Arabella, pray let me ask
you, have you any more to say to this matter?
liftdy Arabella. It is all to this purpose.
Seij! Jeff] Then if you please, madam, to
turn now your face this way towards the gen-
tlemen of tlie jury, who have not heard what
you said, and give them the same relation that
yon gave to the court ; and itny be pleased to
lean over the scat, and expose yourself a little^
and let them have the same story you told be-
fore, and pray tell the time when it was.
[Then she turned her face towards the bar.]
Lady Arabella. It was in July, Sir.
Serj. Jeff. Pray, madam, tell what happened
then.
Lady Arabella . In July last, some time then ,
my mother came into my lady Harriett's
chamber, and seeing a pen wet with ink, she
examined her who she nad been writing td.
She, in ereat confusion told her, she had heen
writing her accompts, but my mother was not
satisfied with that answer. *The sight of my
lord Grey doth put me quite out of countenance
and patience. — [Here she stopped again.]
[My lord Grey was then by the clerks under
the bar, and stood looking veiy stedhotly upom
her.]
—
137] STATE TRIALS, 34 Charles H. i682.— /or detauching Lady H.Serkeky. [15«
L C. J. Pray, my lord Grey, sit down (which
k did). It is not a very extraordinary things,
ftr a witness, in such a cause, to bedash^
Mt of coantenance.
£. Off Berkeley. He woald not, if he were
Ml a Tery impudent barbarous man, look so
eenfidently and impudently upon her.
Serj. Jeff. My lord, I would be rery loth
lode^ otnerwise than becomes me, with a
person of your quality, but indeed this is not
» handsome, and we must desire you to sit
4own. Pray go on, madam.
lisdy Arabella. After this, my mother corn-
Banded me to search my lady l^rriett's room ;
ks maid being then in the room, I thoug^ht it
not s> much lor her honour to do it then. I
fiiUowed my mother down to prayers. After
pfayers were done, my mother ^commanded
my lady Harriett to give me the keys of her
cabinet and of her closet, and when she gave
me the keys, she put a note into my hand,
wbich was to my lord Grey ; and that was to
tibb efiect : * My sister Bell did not Suspect
' oar being toother last night, for she did not
' bear any noise : pray come again Sunday or
' Monday, if the last I shall be very impatient.'
I suppose my lady Harriett gave my lord Grey
imetligence of this, for he sent a servant to tetl
me he desired to speak with me. Upon his
first coming in, my lady Harriett fell upon the
ground like a dead creature, and my lord Grey
took her up, and said, < Now you see how far
* it is gone between us : I love nothing upon
' earth but her ; I mean dear lady Hen,' said
he to me ; « and if you do expose her, I will
* be revenged upon you and all the family, for
*■ I hare no consideration for any thing but
< her.' After that I told him, We defied him,
he could do us no injury; and for my own
particular, I defied him, and the Devil and all
ms woH^ and would not have any thing to do
with sncfa a correspondence. After this, I told
my lady Harriet, I was mach fronbled and
amazed, that she should ^t by and hear my
lord Grey, her brother- in -Uw, say he had no
Goosideration for any thing on earth but her.
* For my part,' said* I, ' Madain, it stabs me to
* the heart, to hear this said against my poor
* sister Gr^.' I told her, I suspected my
woman had an hand in this affair, and there-
five I would put her away. Afterwards, the
same day my lady Harriett ran away, this wo-
man came to me ; and I then told her, * Yon
' have mined her,' and asked her, ' Why
* would you send letters between my lord Grey
* and my lady Harriett?' She denied it, and
swore she never did it, but when we came to
London, the porter of St John's came and ac-
cused her or conyeying letters to Chamock,
my lord Grey's gentleman, formerly his coach-
maa. I then asked her again apout it ; she
tbea acknowledged to me she tad done it.
* Bat, madam,' said she, < how could I think
' there could be any prejudice or iU between a
* broliKr-in-taw and a sister-in-law ?' fbiid I,
' Were not you my ssrvant ? Why did you not
^tdl me? Beaidesy you know we liave all
* reason to hate Chamock for a great many
* things.' This is all I have to say tliat is ma-
terial, all else is to the same effect.
Seij. Jef, Now this matter being thus dis-
covered to the countess of Berkeley, this unfor-
tunate youdg lady's mother ; she sent for my
lord Grey, and we shall tell you what hap-
pened to be discoursed between them two, and
between the lady and her mother, and what
I promises of amendment he made. My lady
Berkeley, pray will you tell what you know. —
[She seemed unable to do it.] She is yery
much discomposed, the sight of her daughter
doth pot her out of order.
Lady Arabella. I have sometliing more to
say, thatis,! told my Uidy Harriett, after my
lord Grey had made bis declaration of his lova
to my sister, to me, that if ever he had the im-
pudence to name her name to me, I would im-
mediately go to ray father, and tell him all
[Then the Countess leaned forward, with her
hood much orer her face.]
Ah. Gen. Pray, my lady Berkeley, com-
pose yourself, and speak as loud as you can.
LaAy Berkeley. When I first discuvsred this
unhappy business, how my son-in law, my
lord Gr^, was in love >vith his sister, 1 sent to
speak with him, and I tuld him he had done
barbarously and basely, and falsely with me,
in having an intrigue with his sister-in-law.
That I looked upon him, next my own son,
as one that was engaged to stand up for the
honour of tnyfamUv, and instead ot that, he
had endeavoured the ruin of my daughter,
and had done worse than if he bad murdered
her, to hold an intrigue with her of criminal
love. He said, he did confess he had been
false, and base, and unworthy to me, but be
desu«d me to consider (and then he shed a
great many tears) what it was that made, him
guiltv, and that made him do it. 1 bid him
speak. He said he was ashamed to tell me,
but I might easily guess. 1 theu said, what ?
Are you indeed in love with your sister-in-
law Y He fell a weeping and said, be was un-
fortunate ; But if 1 made this business public,
and let it to take air (be did not say this to
threaten me, he would not have me to mistake
him) but if I told my lord her father, and his
wife of it, it might make him desperate, and
it might put such thoughts into his wife's
bead, that might be an occasion of parting
them; and that he being desperate, he did not
know what he might do, he might neither con-
sider family, nor relation. 1 told him this would
make him very black in story, though it were
her ruin. He said that was true, but he could
not help it ; he was miserable, and if 1 knew
how miserable, I would pity him : He had the
confidence to tell me that. And tiien be de-
sired, though he said i had no reasion to hear
him, or take any counsel he gave me (and all
this with a great many teai*s) as if he were my
son Dursley, that 1 would keep his secret
* For my lord, if he heard it, would be in a
< great passiob, and possibly, he might not be
< able to contain himself, but let it hasak out
I
139] STkTETRlALi, $4, CukRhZS II l6S2.'-Trial of Lord Grey ^udoiAa-M, [140
*into the world. He maj calTroe rogue aii4
* rascal perhaps in his passion, said he. and I
* should be sorry for it, out that would oe all I
* could do, and what the eril consequence might
* be*, he knew not, and thereftbre it were best to
* conceal it.' And after many words to pacify
me, though nothing indeed could be sumcient
for the injury be had done me ; he gaye it me
as his advice, that I would let my dau|^ht|er Har-
riett go abroad info public places with myself,
and promised, if I did, he would sdways avoid
them. For a young kuly to sit always at home,
he said it would not easily get her out of such
a thing as this. And upon this he said affaih,
he waste go out of town with the D. of M. in
a few days, and being he had beea frequently
in the family before, it would be looked upon as
a \ ery strange thing, that he went away, and
did not appear th^ to take his leave. He
promiseil me, that if for the world's sake, and
for his wife's ^e (that no one might take no-
tice of it) I would let him come there, and sup
before he wetit into the country, he would not
offer any thing, by way of letter or otherwise,
that might give me any ofience. Upon which
I did let him oome, and he came m at nine
o'clock at night, and said, I might very well
look ill upon him, as my daughter also Jid (his
sister Bell) for none else in au the family knew
any thing of the matter but she and 1. After
supper he went away, and the next night he
aent bis page (I think it was) with a letter to me,
be gave it to my woman, and she brought it
to me ; where he says that be would not ^o
opt of town. If your lordship please I wd]
give you the letter— But he said, he feared
mv apprehensions of him would continue.
Tbere is the letter.
X. C. J, Show it my lord Grey, let us see if
he owns or denies it
Lord Grey. Yes, pray do, 1 deny nothing
that 1 have done.
Mr. Just Doiben, Be pleased, madam, to put
it into the court
Att, Gen, It isonly about his keeping away.
X. C. J. Shew it mv lord Grey.
Help. Jeffl With sufimission, my lord, it is
fully proved without that
X. V: X Tlien let the clerk read it, brother.
CL of Crown, There is no direction, that I
see, upon it. It is subscribed Grey.— [Reads.]
** Madam ;
t* After I had waited on' yonr ladyship last
night, sir Thomas Armstrong came from die
D. of M. to acquaint me that he could not pos-
sibly go into Sussex ; so ^t journey is at ad
end. But your ladyship's apprehensions of me
I fear will continue : therefore J send this to
assure you, that my short stay in town diall no
way disturb yourKdyshi|>; it I can contribute
to your quiet, by avoiding all places where I
may possibly see the lady. I hope your lady-
ship will rememl^r the promise you made to
divert her, and pardon me for minding 3rou of
it, sbce it is to no other end that I do so, but that
she may Aot sufCer upon my account; I am
mut if she doth not in your ojpioion^ she never
shall any other way. I wish your ladyship all
the ease that you can desire, and more qoiat
than ever I expect to have. I am with great
devotion, Your ladyship's most humUe, and
obedient servant. Grey.**
Att. Gen, Madam, win you please to go mi
with your evidence.
Lady Arabella, I have one thing more to
say : After this, three or foyr days afler this
ugly business wa*^ found out, I told my lady
Harriett, she was to go to my sister Dursley^s.
She was in a gfreat anger and passion about it,
which made my mother so exasperated against
her, that I was a great while before I g^ m j
mother to ffo near her again.
Seij. Jen. My lady Berkeley, please to go on ?
Lady Berkeley, n'hen I came to my daughter,
(my wretched unkmd daughter, I have been so
kind a mother to her, and would have died ra^
ther, upon the oath I have taken, than have
done this, if there bad been any other way to
reclaim her, and would have done any thing to
have hid. her faults, and died ten times over,
rather than this dishonour should have come
upon my family.) This child of mine, when I-
came up to her, fell into a mat many tears,
and begged my pardon for what she had donv,
uid 9aid, she would never continue any conver-
sation with her brother-in-law any uiore, if I
would forgive her ; and she said all the things
that would make a tender mother bellevt her.
I told her, I did not think it was safe for her to
continue at my house, for fear the world should
discover it, by my lord Grey's not coming tp
our bouse as ne used to do ; and therefore I
would send her to my son's wife, her sister
Dursley, for my lord Grev did seldom or
nev«r lisit diere, and the wond would not takje
notice of it And I thought it better and
safer for her to be there with her sister, than
at home with me. Upon which this ungrau-
cious child wept so bitterly, and b^^^ so
heartily of me that I woiUd not send her away
to her sister's, and told me, it would not l>e
safe for her to be out of the house from me.
She told me, she would obey me in any thing ;,
and said, she would now confess to me, thoogfi
she had denied it before, that she had writ my
lord Grey word that they were discovereq,
whidi was the i-eason he did not come td me
upon the first letter that I sent him to come
and speak with me. And she said so mauy
tender things, that I believed her pemient, and
forfifave her, and had compassion upon her, ^od
tolo her (though she had not deserved so much
from me) she might be quiet (seeing her so
much concerned) I would not tell her sister
Dursley hor fouUs, nor send her thither, ti|l I
bad spokbn with her again. Upon which, sh^,
as I tuought, continuing penitent, I kissed her
in the b^wben she was sick, anl honed that
all this ugly business was over, and 1 should
have no more affliction with her, especially if
my lord removed his family to DurdantjS, wbicli
he did. When we came there, she came iiiti^
my chamber one Sunday morning before I Ha|i
awakci and threw hcrsSf upon her knees^ auii
141] STAfE TRIALS, U Charles Il..l6«e.— /<w deianchin^ Ltdy II. Berkeley. [142
Idssed my band, and cried out, Oh, madam * I
bare oflV^Dded you, I hwe done ifl, I tnil be a
good vhM, ana will never do so again ; I will
break off all correspondence with him, I will
do what you please, any thing that you do
deitre. Then, said I, I hope you will he
happy, and I forgire yon. On ; do not tell my
fether, ^shc said) let not him know my fanlts.
No, said I, I will not tell him ; bat if you will
make a friend of me, 1 desire you will hare no
correspondence with your brotner-in law ; and
^l^oiign you haxe done all this to offend me, I
win treat you as a sister, more l^an as a
danghter, if you will btit use this wicked bro-
ther-in-law as he deserves. I tell you that
youth, and virtue, and honour, is too much to
sacrifice for a base brother-in-law. When she
had done this, she came another day into my
doset and there wept very much, and cryM
oat. Oh, madam 1 it is he, he is the villain that
has undone me, that has ruined me. Why ?
said I, What has he done? Oh! said she, be
hath seduoed me to this. Oh 1 said I, feat no-
tfatoflr, you have done nothin^f, I hope, that is
10, but only barkening to his love. Then I
took her al>out the neck and kissed her, and
endeavoured to comfort her. Oh, madam!
aaid she, I have not deserved this kindness
from you ; hot it is he, he is the villain that
bath undone me : but 1 will do any thing that
you will command me to do ; if he ever send
vae any letter, I will bring it to you unopened ;
but pray do not lell my f^er of my faults. I
promised her I would not, so she would break
off all correspondence with him
Here she swooned, and soon after ivooveKd
on.]
J.'
^Then my lord Grey's wife, my
dangbter Grey, coming down to Durdante, he
was to go to bis own house at Up-Paiic in Sus-
mXy and he writ down to his wiie to come up to
JUmdon. It is possible I may omit some
pazticular things that were done just at such or
such a time, but I speak all I can remember in
general. My lord Gr^, when I spoke to him
<rf'it, told me, he would otey me in any thing ;
if I woukl banish him the house, he womd
never come near it ; bnt (hen he pretended to
advise me like my own «on, that the world
would ti&e notice of it, tliat therefore it would
be better for me to take her abroad with me,
he would aroid all yAfices where she came, but
be diongfat it best ibr her not to be kept too
mocfa at borne, nor he absolutely forbid the
house, but he would by degrees come seldomer,
once in six weeks or two months. But to go
en to my daughter Grey's coming down to
Burdmnts ; he writing to his wife to come up
to London, that he might fl^>eak to her before
he went to his own house at Up-Park; my
dao^ter Grey desired he might come thith'^r,
and It being in his way to St^sex, I writ him
^ord, that believing he was not able to go to
Up-Park in one day from London, he might
eaJl at my lord's house at Durdants, and dine
itare by the way, as calliog in, intending to
Ke at Chiildibrd, fbr it is just the half-way to
Gnddford. ,fle, instead ot* coming to dinner,
came m at nine o'clock at night (I am sure it
was so raocb) (or it was so dark, we could
hardly see the colour of his horses, from my
lord's great gate, to the place where we were
ih the house: And coming at that time of
night, I thought if 1 turned him out of the
house, my lord would wonder at it, and so
woirfd all the family. Therefore 1 was forced^
as 1 then thought, in point of discretion, to let
him lie there that nij^t, which he did ; and he
told me, Madam, i had not come here, but
upon your ladyship's letter, nothing else should
have brought *me : because I was to give him
leave to come, knovring the faults he had com*
ndtted against the honour of our family. Ijpon
which I told him. My lord, I hope you have so
much honour and gencrosnty in yon, after the
promises yon have made me, and the confi«
dcnce ana indulgence I have shewn yon,
that you will give my daughter no letters, and
I will look to her otherwise, that \ou shall
have no conversation witli her. He desired
me to walk up with him into the gallery, and
there he told me he had brouglit no letters,
and would have had me looked in his pocket.
I told him that would be to no purpose, foe
his man Chamock (whom we knew he did not
prefer from being bis coach-man to be his gen-
tleman, but for some extraordinary service he did
him, or he thought he would do him) inigbtbave
letters enough, and we be never the wiser : but T
trusted to his honnar and his Christianity : and I
told him,thitt his going on in any such way would
be her utter ruin. He told me he would not
stay there any longer than the next day ; nay ;
he would be gone immediately if I pleased, and
he sent his coach to London, and had nothing
but horses \eh. But his wife desiring her hus-
band to stay, I had a very hard tadc to go
through, being earnestly pressed, both by her
and my own lord's im|M>rtunities for his staj'.
But my lord Grey, whilst he was tliere, did
entertam me with his passion, he had tlie con-
fidence to do it, and lie^ wished himself the
veriest rake- hell in the world, so be had never
seen her face since he was married. And, said
he, madam, you will always think me a villain
and never liave a good opinion pf me, I shall
be always imfertunate, both in myself, and
your bad opinion of me. Seeing this, I thought
it was time to do something moi*e ; and I told
him that night he sliould stay no longer, be
should be gone ; and his wUe seemed to be
much concerned, and would fain have him stay.
For by this time she began to find out that
there was some disorder in her mother and the
family, though she knew not what it was ; and
she sent her sister Lucy to b^ he might stay
I told her I would not suffer it : however, she
proposed an expedient bow her sister Harriett
should take physic, and keep her chamber
while he was there. That I was in a sort com-
pelled to do, and I told him, upon their impor-
tunity for his stay, that his sister Harriett should
be seen bo more by him, but take physic whilo
143] STATE TRIALS, 34 Charles If. l6S2,--Trial of Lard Grey and others, [U4f
he stayed there: to ^hich he replied, Madam,
indeed it is rude for me to say it to you, but I
must say it, gi^e me my choice, either to be
drowned or hans^ed . Upon this I was extremely
disturbed, and the next momins^f I told him, I
was not satisfied he should stay in England ;
be had ordered his viiSe to go into France, and
she was to go within a month after, I would
have him go with her. He told me, he had
law -suits, and he could not ; 1 told him, he
had told me before, they were of no great con-
sequence, and therefore they could not hinder
him ; and I pressed him very much, and I fell
into a great passion at last ; and told him, if he
would* not go, I would tell her father and he
should take care of her, to send her where she
should be safe enough from him. For I was
jKnsible the world would take notice if he came
not thither ; and, said I, I am not able to bear
you should. Upon this, he promised me with
all tbe oaths, imprecations, and promises in the
world, that he would go and follow his wife into
France at Christmas, and stay there eight
months ; aiid by that time, I did hope, this un-
fortunate miserable business might be over:
fok* I h^d a ^reat kindness for my child, and
would have done any thing to save her, if it had
been in my power, or would vet do any thing:
i would give my life that the world did not
know 80 much of it as now it must this
day. The world knows I had always the
l^reatest kindness and tenderness tor her,
which was such, that some that are now
here have said since that it was my in-
dulgence to her, and not making it known to
my lord, that encouraged this last ill business.
And thereupon my lord Grey was ordered by
me to go away, and he promised me so to do,
which was upon Saturday. I then went up
to her chamber, and saw her very melancholy,
and did what I could to comfort her. Said I,
I warrant you, by the gracaof God, do but do
what you ought, and I will bring you off this
business ; be cbearfnl, and be not so much
cast down (for I thought she was troubled ,at
my carriage to her) and though I said some
severe thmgs to you at dinner (as I did talk
of her going away, and being sent abroad) be
not troubled, for 1 only meant it out of kind-
ness to you ; for all I design, is only to seek
an occasion of getting him away ; and there-
tore, as long as he stays, I ivill seem to whisper
with you, and look frowningly upon you, and
that if he hath any tendmiess for you, ,he
may see I am angry with you and do the
more to leave you at (^uiet: but take no
notice of it, for I now smde to you, though
I frowned before him, be not amightcd In
the afternoon I told her the same thing
again. But then, said^ she, he will shew my
letters to him, and that will ruin my reputation
fbrever, and that troubles me ; but yet it need
not, for I never writ to any man but him, and if
he doth shew them, he will expose hiraselffor
abase uni^^orthy man, and I can but deny it.
and he can never prove it. This is true, said I,
••Bd v«ry well said, and therefore be not afraid
of him, but trust to the friendship of your mo-
ther, and do as yoil ought to do, and I am con-
sent we shall bring you dear off from thia
Uffly , business. And then, said she, but oh.
Madam ! my sister, my sister Grey, ynW she
forgive me tbis i I told her, her sister Grey
was good-natured and religious, and I made no
doubt she would forgive her the folly of her
youth, and if she would take up yet, she was
young, and her sister would impute it to that,
and, said I, I am sure she will forgive you ; and
I told her, I would do ail that lay in my power
to assbit her ; and I bid her be chearfui and
trust in God and in my friendship. She was to
blame, indeed, she acknowledged, but she was
young, and he was cunning, and had made
it his business to delude and intice her. I told
her it was true, and therefore now she must
consider with herself, what was to be done to
bring her off, which I doubted not, if she would
do but as she ought ; she promised me so to de ;
and yet that very night when I was in my sleep
she ran Jiway.
[Here she swooned again]
Serj. Jeff, What time went my lord Gi-ey
away, madam, that day ?
liuly Berkeley, He went away about four
o'clock in the afternoon.
Serj. Jeff, And the ensuing night the lady
was gone ?
I^y Berkeley. Yes, that night she went
away to6.
Serj. Jeff, My lord, I crave leave to acquaint
you with one circumstance that has been al-
ready hinted, that is about Chamock, a per-
son that is taken notice of by both the ladies
that have given evidence, and one of the
defendants in this informatioii. lliis man,
as they seem to intimato, for some extraor-
dinary' service he had doue my lord Grey, or
was designed for the doing of, was removetl
from the degree of his coachman, to the
waiting upon him in his chamber. He at
this time came with lord Grey to Durdants,
a house of my lord Berkeley's near Epsom, and
which was in the way to my lord Grey's house
in Sussex, that is called Up-Park. And they
being there, notwithstanding all those protesta-
tions and promises made by my lord Grey to
his lady mother, as you have heard, to meddle
no more in this matter, yet we shall give you
an account, how that the day before the night
that the young lady went away, my lord Grey
was very importunately busy wiUi his maa
Chamock ; what discourses tuey had, or what
directions he gave him perhaps may not be
known ; but his earnestness in talking witli
him, and his impatience and re^Uessr^ess we
shaU prove ; and uieo give you a very full proof
that CbaniO' k was the person that took her
away ; and then letthejuxy and the court make
the cM^nclusion.
Atty Gen, It maybe, my lord, we thall not be
able to prove the actual > akin^- away from thence,
but only by undeniable circum»itantial proof..
Such impieties use not to be acted ojienly.
L. C. /• Truly, as far as I can see, here bai^
145} STATETMALS, S^CuAnhlssnA6S2.'-'for debauching Ladifn. Berkeley. [14$
Why CfaarDOcky said he, was the man that took
her away.
Sen. Jeff[ Who was it that said so to you.
Sir ? Name him.
Mr. . Mr. Rogers, my lord Berkeley's
chaplain.
Seij. Jeff. If your lordsliip please to observe
the particular times, when my lord Grey was
so earnest in giving Chamock directions, that
was on the &turday at noon, and it was t)iat
night the young lady went away .
X. C. X W^hen came my lord Grey to my
lord Berkeley's ?
Alt. Gen, The Tuesday or Wednesday be-
fore, I think ; some days'it was.
Sen. Jeff. But upou the Saturday night it
was she went away ; this unfortunate laiiy tliat
we hare produced, her mother, and so the lady
her sister, spoke both of theii' icars of Cluir-
nods. Now we shall prove, tliat tliis Char-
nock was on Suuday moniing, at eight o'clock
in the morning^, here in I^ndon, with a } oung
lady, In what habit that young lady was, our
witnesses will tell you ; and othei-s will givtt
you an account what habit this lady went away
in, and then it will be seen who she was. Call
Eleanor Hilton.
Att. Gen. But if you please, Mr. Seijeant,
I think it will be proper first to examine my
lady Lucy, who upon the missing this young
lady, foUowed my lord Grey to Guildford, and
overtaking him, acquainted him with it, and
immediately he took post and came to London.
Pray swear my lady Lucy.
more done barefaced, than one would
should be done in any Christian nation.
[Then a Clergyman that stood by was sworn,
hit his name not told.]
Serj. J^. Pray, Sir, will you t^l my lord and
Ifaehnry what you know.
Mr. . My lord, I was at Durdants,
my lord Berkeley's house near Epsom in
ftwrey, ml the time of this ill accident, and some
line after* And upon the Saturday in the af-
taniuou I (iDSDoediately after dinner was over at
a lord's own table) walked in the great paved
; and stood in the door that kioked towards
the Downs ; and my lord Grey came into the
hall akme, and walked three or four times
veiy tiioiightfully, and then leaned upon the
window, ^1 often locked upon the ground, and
within a little while he steps into the steward's
haD, where the gentlemen were at dinner, and
he calls to Chmock, who came out to him.
He takes him out of the hall to the foot of the
alair-Gase, and there they talked together a
great while, and after some time my lord Grey
went away, and Oharnock did so too, I think
to hisdinner again, I cannot tell any thing to
the cmtrary. The reflection I made upon this
yswugr then was, that my lord Grey was ye)Fy
yictyal in giving his servant orders, which X
thought he was to carry to London with him,
hot I suspected nothing of this matter, nor any
diing ebe that was ill then. Mr. ChamodK
tben passii^ by me, said I, Mr. Chfonock,
BOW long' will it be before you are going ^ He
made me no answer, not one word. Tbere-
npen I went into the library, and between that
and Mr. Chamock's chamber there was bikt a
veiy thin wall, and presently after I came into
the library, my lord Grey sent one (as the mes-
senger said) for Mr. Cbamodc, and he went
Aofwn to him, as I suppose, and in a little time,
enne up again. And after that, I do believe,
1 did hear another messenger come from him
to Mr. Chamock again, I will not swear that,
Jbr i am not sure ofit ; because, bein^ at that
time l^mnr in reading I made no reflection upon
it ttll afterwards. But about a fortnifi^ht or
diree weeks after, there comes a gentleman
to see me at my lodgings, and falling into dis-
course what news there was ; our first discourse
was of the lady's being missing ; he said, it
woidd be sad he feared when she was lieard of.
Why, said I, what do yon mean ? I suppose
Mr. Forrester and she are together, for that
was the talk of the town. No, said he, it is no
SQch thing ; but if you will nuika it a secret,
unless it comes to be made a public business, 1
will tell yon ; I do not doubt my lord Grey
Ctfried her away with a design to debauch her.
that is hard to he believed, said I ; I cannot
befiere it. Why, 'said he, you were there
wtea he went away ? Yes, said I, but how
long was that before the lady was missing ? said
be, it was that afternoon. Then came into
ny mind his earnest discourse with Chamock
tui that which I obser^^cd about it, and sending
Moflbm for him ; and I told that person of it.
rot. IX.
[Which was done, she being in a box by
the bar.]
L, C. J. Well, what do you ask that lady T
Serj. Jeff* We produce her, my lord, to hear
what passed between her and my lord Grey at
Goildtord. Pray, madam, win your ladyship
acquaint the Court what occasion you had to
go to Guildford, and what you said to my lord
Grey, and what he said to you, and did after-
wards.
Lady Lucy. !My lord, as soon as my lady
Harriett was missing, supposini^my lord Grey
could best give an account where she ^ as, 1
went after him to Guildford, and he was gone
half an hour from thence before I came thi-
ther, hut by sending post after him, be was
overtaken, and came back to me. I told him
ray lady Harriett was gone away, antl I con-
jured him by all that was sacred and dear to
him, to prevent so great a misfortune as this
would be to the family. He then pretended ho
did not know any thing of her going, but pro-
mised me, that if he could fuid her out, h«
would endeavour to persuade her to retiiru
home, but he would not force her. After se-
veral discourses, which it is impossible for me
to remember pai'ticularly (saying that he had
donenotlung that was illegal, and if she did not
9ny thing, we could do nothing against hith ;)
he at last parted from me, to go to Ix>ndon,
as I suppose. I begged of him that I might
bepemuttcd U>go along with him, that I might
147] STAtE tRiAlS; 34CflABi.Eftn. iGBi.'-liidl&f Lord Greg gni0it»r8,[\M
«peak tf> her, supposinff I mi^t retrieve Ifih
business, and recover ner, before it were gfone
too far, bnt he denied it toe, and went away.
After that I met him, a day or two after, I
tiiink, I cannot tell juitly the time, and he
pretended, he did not know where she was,
out only he knew where to send to )^ev ; and
lie would do all he conld to sfet her to retmn
kome. He was senaiblc^ of what a misfortune
this was to the family. But soon after he
went to Up-Park asain, as be said, to shew us
Ibat he was not with her. And he afterwards
Writ me a letter, wherein he says, he could
not persuade her to come home, but the con-
clusion of it was, " He would do all he could
to restore peace and quiet to the family, which
by his follies were so miserably disturned."
Lady Arabella. Ny lord, I desire to speak
one thing ; about six weeks ago I met my
lord Grey attny lord chief justice's chamber,
and he iM me, he had my lady Harriett
Berkeley in his power,^ or in his protection, or
io that effect, he said.
Jtt. Gen, I^y telU Madam, when that was?
Lady Arabella, About ^x weeks ago, I
cannot justly say the day.
Sen. Jeff, But if your ladyship nleases, my
lady Lucy, it will very much satisfy the jury,
if you would shew the letter yon speak of.
Mr, Williams, Ay, pray shew tlie letter.
Lady Lucy, It was a letter before that which
he writ to me at Durdants.
X. C. J, When was that letter you speak ot
written?
Lady Lucy. Aboat a week after mv sister
was gone, I cannot exactly remember the day.
Mr. WilUams, Pray , Madam, can you pro-
dace that letter f
Lady Xt^. No, I have it not here:
Serj. Jeff. Then swear Eleanor HiKon.
[Which was done.]
Sol. Gen, Is your name Eleanor HUton f
Mrs. Hilton, Yes, it is, Sir.
Att, Gen, Pray speak out, that my lord and
the jury may hear you. Do you remember
the 90th of August last ? Did Chamock come
to your house with a yoong lady ? Did you
ftee her, and what time of the day was it ?
Hilton. I cannot tell what time of day it was.
Sen. Jeff. What day of the week was it?
Hilton. It was on a Sunday.
Sol. Gen. What month was it in ?
Hilton. 1 cannot teD, truly.
Seg. Jeff, About what time of the year was it ?
Hilton. About eight or nine w^&a ago, or
Mvnething more.
Sen. Mff. WeD, what did yon see then ?
Eiltqn. There Was a young lady that eame
to our house, she came or herself, Chamock he
was nor with her ; he came before iodeeil, and
asked me if I had any room to spare, and I
shewed him what we had ; he went away, and
I saw 00 more of him ; afterwards, as I said,
ahe came ; but who the was, or what she was»
I cannot tdl.
Hep. /(^ Can yon desty^ her clothes?
MiUm. fStiA had a oaloiir^i nigfat-gown on
of several bolottrs; I cannot say What pifflt-
cnlar stuff it was : am! she had a pettiooaf mi
white and red.
Sen. Jeff. Did you see her face ?
HUton. I cannot say I did fully.
Att. Gen. Do you think yon ,i^ioiild know
her again, if you should see her ?
Huton. I cannot say that.
Ser|. Jeff. (To the lady Harriett) piVf
Madam, wiH yon stand npa little, and tarn «p
your hood. [Which,she did.]
Hilton, T^ily I cannot say that is the lady^
Att, Gen, Do you believe it was she f
HiHon, I cannot say it truly.
Att. Gen, Have you seen her nictnre ailiee,
and is this lady like that picture r
IMbr. Attorney. She says, she cannot say it i»
the same lady.
Sol.. Gen. Pray, Mistress, to what puiposa
was she brought to your house ?
Hilton, They did not tell me that.
Att. Gen, Was it not to lodge there ?
Hilton, She staid Ihere but a while, ttti
went away again.
Alt. Gen. Whither did she go then P
Hilton. To one Patten's in Wfld-street.
Serj. Jeff, You went with her, mistress, dM
not you ? — Hilton. Yes, I did so.
Sen. J^. Pkay, was there any letter or noli»
broujfnt to your house for Chamock ?
mlton. Yes, I brou&'ht it to Mrs. Chamo<3t.
Seij. Jeff. Did you near any reason givett
for her removal from your house ?
Att, Gen, Pray did she ^o to bed at yod*
house ?'^Hilton. She did he down.
Seij. Jef. What time of the day was it ?
Hilton, About nine or ten in me moninf^
Sol. Gen. Pray, did she say she had heen
at church, or what did she say r
HiU0n. She said somewhat to that purpose,
she said she was Weary.
Serj./e^. What company came to fhe ladjr^
while she was at your house ?
Hilton, No body but Mrs. Chamock.
Seij. Jeff, Did you see Mrs. Chamod^ ha
her company? — Hilton, Yes.
Ser). Jeff, Yon saw her come hi to her ?
Hilton, Yes.
Serj. J^, Did she behave herself to her, tt
to a lady of quality ?
Hilton. I cannot tell that, trafy.
Sen. Jeff. Why,- how did she carry it to her •
Hilton. Whether she was in bed or no^ I
cannot tdl ; bat when she came in, the young;
lady said, How do you, Mrs. Chamock ? Shfe
said, Your servant, madam, or to that pnrpofe,
I cannot exactly teD.
Serj. Jeff. Von bronght the note to M^.
Chamock, yon ^ay fSilton. Yes.
Att. Gen, Did she stay at Mrs. Pattdlh'te
after that ? — Hilton. 1 suppose she might.
Sol. Gen, Pray recollect yourself a VltOitp
and tell us what colour was her manteau ?
^Hilton. Truly, it was all manner of coiottri,
red, and gteen, and Mae, and I cannot tdl
wkatcohmrs.
Att.Gtn. WUtooHnmBd petticoat P
i
H9] VtiaRTRlAUi,U9BAnnU. l€K.^€r4etwdki^gLad^H.B€rkeby. [U9
EUton. Rod ttd white.
Sal. Qen. How long after diM, did you hear
Bj hioi Berkdey's daughter wm miaiiing ?
mUtm, ilvhUeafW.
Alt. Gen, How lon^ ? Was it that week ?
Hiilmt. I cannot tett, it WM not long alW.
Ml Geu. Was it the same lad v tw came
ti your house in these clothes, tJaat vent lo
prtfecn'sait nieht?
JL C. jr. Why, she says she went with her,
4o not examiiie her the same things over again.
Mi. Gen. Were you examined be£»re sir
Wiliiaak Tunier, aboutthis matter ?
HiUoa. Yes, I was.
Ml Gen. Was it the/day of the month you
tkea said it ^as P
EiUon. I suppose it might ; I cannot tell
lbs day of the month.
Ah. Gen. Was it the^onth f
SiUon. It 18 like it was.
L.C.J, 8he has fixed it now to be 8 or 9
wedcsago.
floj. Jqlf. Did die giTA any reason why she
wsBremsfvedP-^flilfon. None at all.
Ser}. Jejf. Nov, my laid, we will bring it
down to be dus my lady. Mt lady Arabola,
Vnj, madam, what ckmes m my lady Har-
nett go away in ?
Lady Arabella. My lady Haniett bad such
clothes as they speak of, I cannot say she went
away in her Bight gown, but here is one that
san: But there was a striped night-gown^ of
many oolonrs, green, and blue, and red.
L C. J. She does remember she bad such a
sue, hot she cannot say she went away in it.
Serj. Jeff. Was there not a chequered petti-
coat led and white ?
Lady Arabella. She had such a petticoat,
bit 1 cannot sa^ she went away in it ; die had
tho a white quilted petticoat
Sen. Jeff. 17hen swear Mrs. Doney (Which
WIS me.) Ify lord, we call this gentlewoman
to give an account what habit sm went away
ia ; for she lay with her always.
Au. Geu. Did you lie with my lady Har-
ris Berkeley, when she stole away ?
Mrs. Doney. Yes, indeed, Sir, I did lie in
Ibe chamber that night, and she went away
with ber morning clothes, which lay ready for
ber there, aeainat she did rise in the morning.
It wss a stnped night-gown of many colours,
aad a petticoat of white and red, aadaquilted
petticoat.
AtL Gen. Was she so habited, that came to
ibeboase,Mn. Hilton?
L. C. J. She has said so already.
Sen. Jeff". Now you ase pleaseif to observe,
that besides the circumstances of the clothes,
Ihere is mention made of a note; Mrs. Hilton
iK?8 she received a letter and gave it to Mrs.
CbuDoek ; and that soon after they went to
^UMi's house in Wild-street. We shall call
^ people of that house, to give an account
^W gentlewoman it was that came to their
ixnue. Pray swear Mr. Patten. [Which was
dane.]
M Gen. Pray, will you ted my knrd and th«
jury, whether Mr. Chamock and his wife cam^
to your house, and with whom, and about
what?
Mr. Patten. My lord, about the latter end
of July, or the beginning of August, Mr.
Chamock and his wife came to my house
when we were just removed, to. take som^
lodgings for a person of quality ; but they did
not say who. Said I then. We have no lodg-
ings now ready ; said they. We shall not wuii
them yet, till towards the middle of September*
Says Wf wifi», I suppose by that time our
house will be ready ; and if it will do you any
kindness you may have it. About the 30tn
of August being wnday, Mrs* Hilton brings a
mitlewomaa wiith Mrs. Chamock to my
ncNise ; and when Ikey were come, they called
me up, and seeing them aU three there, I told
Mrs. Chamock, We have no lodgings fit for
any body, of any quality, at present. Saya
Mrs. Hilton, Lt^'s see the candle, and runs up
stairs into a roon\ where there was a bed, but
no hangings ; whip they came in, they locked
themsmes into the room. My wife's daughter
being in the house, I desired her to seim for
'my wife, who was then abroad ; wliichsbe did^
Tney desired my wife's daughter to lodge
with the gentlewoman that they brougfbt
thither, and they were making the ped ready.
I sent them up word. That I ftesired they
would walk into the dining-room for the pre-
seot ; they sent me won) £wn again. They did
not desire to do that, for they were alraid the
li^ht would be seen into the street, and witbal,
II any body came to enquire for Mrs. Char*
nock, or Mrs. Hilton, I should say there was
no body there, presently after, I think (or be-
fore I cannot justly say which) a letter was
carried up staurs to them, upon which they
came down stairs, and away they went up tM
street, and when they were gone a little way
on foot, Mrs. Chamock desired them to turn
back again, for she hoped to get a coach, anJl
she didso, and went away.
Att. Gen. So they did not lodge there?
Mr. Fatten. No, they did not
Seij. Jeff, Did they say any thing of care
that was to be taken, now they passed by my
lady Northumberland's P
Mr. Fatten. My lord, I do not well Demem*
ber that: But the next day Mrs. Hilton oomns
again to our house, and she runs up stairs inta
w same room, and aits her down upon the
bed-side. Said I to ber, Mrs. Hilton, Wl\at
gentlewoman was that that was here last niff ht ?
Says she, I cannot tell, but I believe she is
some person of quality, for Mrs. Chamock
brought her to onr bouse at 7 o'clock in the
mornmfif. But whoever she %s^ she is muoh
troubled, we could get her to eat nothing, but
her eyes . were very red with crying, and we
came away to your house at niebt ; because
hearing some noise c^p^ple in me street, she
was afiaid some of her father's servauls were
come, but it Was only some peo(>]e that. were
gathered about to ohseiTe the blazing star. So
wewhippedo«tof the4oor, andsQ came to your
151] STATE TRIALS, 34 CHAntBsU. leBt.—TirUd^f Lord Grey end 4fther$,[lM
boiiser for wc had fiever a back-door oat of our I up any more. And afterwards my fellow
^^^^ serrant and I were bid to go to bed, and my
Att. Gen, Pray give an account what habit
the gentlewonian was in that came to your
house-
Mr. Patten. She bad a stripetl flowered
gowu, very much sullied, it was flung about
her, just as if she had newly come out of
bed. I did see her face, but when 1 had just
looked upon her, she clapped her hood together
over it presently.
8erj. Jeff, lio you think you should know
her again if you see her ? *^
Mr^Fa^en. I believe I mig^ht.
Serj. Jeff', Pray, madam, stand up again,
and lift up your hood. [Which she did.]
Mr. Fatten. This is the lady. I saw her
f&ce twice, once as I told you, and then when
she went away, I dropped down, and peeped
up, and looked her in the face again, tnough
i^e hid it as much as she could.
Att. Gen. Thus W8 hare proved it upon
Chamock and his wife. •
Seij. Jeff. He gives an account of the 90th
of August, which was the day after she went
from lier father's house. Pray call Mrs.
Fletcher.
Att. Gen. We shall now prove that they
went from thence to one Mr. Jones's ; that my
lord Grey came there to take lodgings, and
after she was brought, came thither again, and
though he changed his hair into a perriwig,
yet he was known for all his disguise.
. Sol. Gen. My lord, you see that it is proved
upon three of the defendants, my lord Grey,
and Chamock, and his wife; now we shall
Srove it upon the other two, the Jones's. Swear
lary Fletcher. [Which was done.]
Serj. Jeff. Sweetheart, pra.y tell the court
where you lived, and when my lord Grey
canife to your house ; tdl the time as near as
you can, and the day of the week.
Fletcher. Sir, he came to David Jones's
on the Tuesday after my lady Berkeley was
missing.
X. C. J. IVhere does David Jones live?
Fletcher. At Charing-cross just over against
the Statue. And living there, my lord Grey
came there in a hackuev coach, first on the
Monday whhout a pcn-iwlg, or any thing of
that, and desired Mr. Jones to come to the
coach side, which he did, and after a little dis-
course with Mr. Jones, they both came into
the house, and went up two pair of stairs to
look upon lodgings. After that, I had order to
make ready the room for soiiie lodgers who
were expected to come that night, but did not
till tlie next day. About Tuesday at nine of
the clock, my lord Grey comes again in a coach
to the door, and threw* his cloak over his face,
he was then without his perrivng too, and de-
nted to si>eak with Mr. Jones: I and my
fallow servant standing at the door, he desir^l
to speak with my master. I went to him, and
told him, he came up, and ai%er he had been
at the coach side, he bid us go down, and keep
dovru in the kitchen, and would not let us come
mistress shut up the shop- windows herself.
Serj. J^ Well, go on, what happened after
that?
Maid. Afterwards there was the warroing''
pan, and the candlestick, «md otlier thin^
were carried up into the chamber by my mis-
tress's sister. Says my fellow servant, thera
is som i great stranger sure, come to lodge here,
that we must not know of. Ay, said 1, thb »
some great intrigue or other. After a while
came in some company that stayed all mgfat.
I know not who they were, or how they
came.
Serj. Jc/f. Well, what was done the next
moimng ?
Maid. I was never admitted into the room
while they were there, but through the open*
ing o;' the door I did see one lady in bed,
but I cannot say who she was, nor what she
was.
Att. Gen. Do you know her if yon see
her again ? Look at that kuly ; is that she ?
Maid. No, I donotknow her ; I cannot say
that is she : My mistress, and my mistreas's
sister stood both before me, when I just peeped
into the room, and when she perceived that, 1
did see her pull the clothes over her face.
Sol. Gen. How long did she stay there?
Maid. Nine nights.
Serj. Jef. Do you know my lord Grey
well?
Alaid. Yes, I have seen him often.
Serj. Jeff. Did you know him ootwithstand-
ingiiis disguise ?^ ATatff. Yes.
Serj. Jef'. What did Mrs. Jones say to yon
about my lord Grey?
Maid. She said to us, what fools were we,
to say this was my lord Grey, it was a country
gentleman.
Serj. Jeff. But you are sure it was my lord
Grey?
ilaid. Yes, I am sure it was he.
- Att. Gen. Did any body else lodge at your
house at that time ?
Maid. Yes, captain Fitz-Gerrard.
Att. Gen. What discourse had you with bios
about this lady ?
Mr. Wiiliams. You, woman, did my lord
Grey stay there ?
Maid. I cannot say he did.
L. C. J. Mr. Attorney, if the question yoa
ask, be to introduce another part ^f your evi-
dence from captain Fitz-Gerrard himself, it
may be somethmg y otherwise that can be no
evidence againstthc defendants, what discourse
was with another.
Serj. Jeff. It is so, my lord : and therefore
we ask you, sweetbeait, what past between yoa
and the capkain ?
• Maid. Captain Fitz-Gerrard, the Monday
morning seven- night, after my lord Grey first
came, called me to his bed-side, and aslceil me
if I knew what lady that was that lodged in the
house, and what clothes she wore, and whethev
she were young or old, and whedier she wert
or no? 1 toU him 1 could not tell any
fUagy fior I could never see her.
Stfi. J^. Do you know what linen ahe
koQipit with her P Did yon wash any lor her ?
MMd, Yea, one shift.
ML Gen. What kind of shift was it ?
Maid, 1 aaid, it coukl be no person of qua-
tty by her shift.
Seij. Jeff. Why so ?
Miid. Because the body was finer than the
ikevesy and ladin use to make the sleeves finer
&sn tibe body. ' [At which there was some
Williams, A very pretty evidence !
Serj. Jeff. Pray call Mrs. Doney ^^ffui^,
jcanse you sbali not make so slight a busi-
of the shift as you pretend, for soch
actions as these mnstbe detected by circum-
155] STAT&TRlALS,34CHiMLB8lI.l682.--/tfrdr»«MiUNf £adr^A£^ [154
a very 01 diiM^, and occasion a ifreat deal of
tronble and duquiet to a noUe family. And
possibly my lord and my lady may not know
she is alive ; therefore* I desire you as a fiiend
to make a discovery of the laily, that they may
know where she is. He seemed very angry
upon my saying of this, and toM me, As k>ng
as I lodged in his house quietly, I need not
troubki raysdf who lodged there besides.
Upon that I thought more earnestly upon this
thm^ ; and I told him again, I am resolved to
go into the room, and know who this lady is
that lies here, for now I suppose there is some-
thing mor^ in it. 8ays he again, nobody shall
ofikr such a rudeness in my house. Said I, I
assure you I will doit. He grew very angry , but
I went from him to my sword and was going
up. Says he, pray Mr. Fitz-Gerrard do not
offer such a tbioi^ i^ this is ; yon would take it
unkindly yours^' to have your house searched
at this time of night. Well, said I, upon con-
dition that I may see her to-morrow mommg
before she goes away, who she is, i will make
no disturbance in your house to-night. Upon
that be left the room, promising me, I should
to-morrow morning see who the lady was. I
went out early the next moromr upon some
necessary business, and comingnome between
eleven and twelve o'clock, said I to him, now
is a very civil time to see this lady, who she is,
for it is not fit you should receive any person
into your house, in such circumstances, when
there is such a cause of suspicion. S^ys he, she
is now gone out of the house. And this is all
that I can say in this matter, I never saw the
lady there then, nor did I ever see her in my
hie, but once or twice at Epsom.
X. C. J. Did they lock the door upon you,
captain?
Capt. FUi-Gerrard. No, they did not.
Seij. Jeff', And you know nothing more ?
Capt. fitZ'Gerrard, I neither knew when
she came, nor who she wask
Att, Gen, Then swear Mr. Smith here, who
married one of my lord Berkeley's daughters.
Att, Gen. Mrs. Doney, pray did you shew
fliis wonnan another ot my lady Harriett
fieriieley's shifts ?
Mrs. Doney. Yes, I did.
Seij. Jeff, Was it the fellow of that she went
away with ?— -Mis. Doney, Yes, it was. .
Seo- J^- Woman, do you believe, upon
your oath, that was the fellow of the shift you
saw? — Maid, Yes, Sir.
Seri. Jeff. Was the body of that you saw
from Uiis gentlewoman, finer than the sleeves ?
Maid. Yes, it was.
Soi, Gen. Then pray swear captain Fitz-
Gorard. [Which was done.}
Sol. Gen. Pray, Sir, wiQ you tell the court
and the jury, what passages fell out at your
fedging?
£apt. FitZ'Gerrard. My lord. It was my
Ibftnne six months ago, to take a lodging at
Mr. Jones's, and while I kept my hragings
tiiere, I had occasion sometimes to go to Wind-
sor, to wait upon his majesty ; and one night
coming honae to my lodging, my servant that
waits upon me in my cbamoer, toUl me, there
was a lodger lately come to the house, who
lay in the upper rooms. I asked who it was ;
he tokl me, the maid of the house told him it
was a mistress of my lord Grey's. I asked
how long she had been there ; he said, it was
bat two or three days since she came. I never
thought of this for four or five days after, nor
thought myself obliged to take notice of the
fsGOurse of the servant in the house ; bat being
ra Covent- Garden in company, there was some
discourse about my lady Harriett Berkeley's
bemg gone from ner {raier's, as it was the
talk of the town. I came home aboot nine
a'clo^ at night, and having no servant just
then ready to wait upon me, Mr. Jones him-
self came very kindly to put me to bed. 1 had
•ome fancy upon the discourse of the town,
this might be my lady Harriett. Uoon which,
I nkl to Mr. Jones, you cannot but near of the
report of my lady Bierkeley's being run away
fivm her father, Jind I know you have a de-
pendance upon my lord Grey, and I have a
sospicion yon csonoeal her in your house. If
yon iop nkl I* 700 do a very dishonest thing.
[Which was done.]
Mr. Smith, Before my lord Berkeley made
this affitir public, he used all means possible
to know where my lady Harriett was ; and
after it was known to him what concern my
lord Grey had in it, there were all means used
to make it up : and discoursing with my lady
Berketey about it, it was proposed that she
should be married, but that would cost a great
deal of money ; that my lord did not stick at,
nor my lady, if any £vine of the church of
England did tliivk it proper to treat with any
parson about it, after such a secret correspon-
dence between her and niy lord Grey. And
my lord said. If my lord Grey would notpro^
secute her with any more visits, he would
give a sum of money to marry her. SaM I,
len, my lord, will you g^ve me leave to wait
upon my lord Grey in it ? He answered. Yes.
80 1 went to him, and ofiered him that my lord
Berkeley would give QfiOOl with her, if b*
155] STATE TBIAI4 S4CiiABLBf II. l6S%^^M§l ^ Imrd Gr^ md cihtrs, (1S«
voidd viMf! faer ia a third lun^ where il
Wf^t be CBUTenient to treat with aa j one
abettt it. He talked with me as if he knew
where aha was, but would not discoTer it
Saya hei Yau must always suppose, 1 will take
your proposal in this manner, if she is in my
newer, wiiiab it nay be she is, k may be not.
Said I> My lord, yon make that, (if) only as a
attbtsrluge, for to be sure, yoa kqow where
die is. Mays he, She is beyond seas, and if
vau will give me leave to visit her sometimes,
I will promise she shall come agaiii ; but that
dapflnas opaa tiuie and tide, it cftaaot be so
irary seen. Said I*, my lord, you may as well
aeod hacses to Dover, and so ovec to Calais, for
laonpote she may not be tar. He said it
ipoiuii be a work of time, but lie would write
to her. I desired he would write &at niflrht.
F4>r, aaid I, my lord, if this busiaees be tuuia
is time, she may yet be saved, if you will ooa-
tribute what you can to it. He promised me
ta write that night to her, but it would be some
tiBi^befixresbe got to town. Then disoonrs-
lag farther with my lord about it. Says he,
if I aJftould bring her to town, I will not use
any fiiree or petsaa^a to bar, if she be ob-
itiaately bent,iiet to come home again ; behraT
k^ to lie sure I wiU not. I am sure, my kva,
aaid I, that your persuasions would do very
nnch with her, and a great deal of good may
fiame pf it, if the matter be $peed«i. But,
aaya he, if I shouM bring her to town, then my
lord Berkeley would disturb her with my Lord
Chief Justice's Wairant. Said I, if you wiU
bring her to town, I will ask my lord and my
ladv, bow kMu^ time they will allow for the
making up or this treaty; and in the mean
^ma^ uie snail be free from any disturbance.
Sa^ my lady Berkeley, when I spoke ta her of
it, Thoiigh mv lord Grey has been so barba*
reus to a fiuml^f , that has been so kind to him ;
yet, if I give him ray word, I will keep it in-
viobbly to him ; and I do promise him, if he
will brmg her to any pUoe where my daughter
Lui^ may visit her, 1 will engage there shall
be no search made after her. And if he can
contribute to carry her into k place where she
maybe sale, and not visit her himself, he diall
bava S,000/. to do it. This meseage of my
lord's baiag barbarous, Madam, aaid I, it is not
fit forma ts carry to my lord Grey, but ^^ou
will {promise not to take hor away, if he bring
bar to town, but from the moment you know
where she is, she shall be safe. Thereupon
my lord Grey promised to write to her ; whe-
ther ha did or not, I cannot tdl. Atlernards
he said he had writ, but she would not come.
AU. Gen» What expenoehas my lord been
at ia looking after her?
Mr. Smith, A great expenee | I cannot tell
partieolariy.
Serj. Jtff, My lord, we have but one witness
more, and that is a gentleman, who, by order
from myl(Mr4 and lady Berkeley, kept my
lord Grey company, and be will tell vour lord-
ship what my lord Grey confesseici to him, what
^ fwamk ha had fe the Udy, and what ma-
I thodafaaoaed togat ridaf it, but cbhM
Swear Mr. Craven : [Which was done.]
Sol, Gen. Will yau tell my lord and ibe
jury, whether you were seat by ray loi4
Berkeley, to be with m v lord Grey at Up-Park,
and what passed there between vou ?
Mr. Craven. My lord, the Wedaesday after
my lady Harriett Berkeley went away, my hAy
Berkeley told me, m^ lord Grey had proffered
he would go down into the comitry fiir six
months, to shew that be had no designs vpaa
her ; and therefore, if she would pro{KMO soaae
friend of her's to go along with nim ta kffcm
him company, he would -W very well satisfied
with it ; and dien my lady Berkeley told me
she wouM fix upon nobody but me, if li«
wonkl take me with him. Than I met my
lord Grey on Wednesday morning at sir Tfao*
mas Armstrong's, and afterwards, went down
to bis boose to bim. When I cama there, hw
met me on horseback, and cama up civilly and
kindly to me. I thought fit to give him a
caution, having received such orders from my
lady. My lord, said I, I am sorry I am forced
to come upon such an account as this, to b«
a gruard over your words and actiona ; and I
am very much troubled that this nnfortunate
thing has happened, and yo|i are n^ted to bai
the occasion of it. Says no, I do own, Cravauy
Iharedoneavaryilltning; but that is past, 1
cannot hdp that now ; but the thing that ia U>
ba thoBs^t oa is, what is to be done far the fu-
ture. My lord, aaid I, the best way, if I naay
give yau my advice, were to sand her home
again, before any report bequnead abroad tf
the business. How can that be ? says ha, 1 d«
not know where she is, but I have had a letter
from her as I told my lady, 1 did believa I
should find a letter here when I came down. 1
will shew you the letter, whiah he did. Mjr
lord, said 1, this letter will be thou^t as of
your panning before you csfue out of town. I
cannot tell what they will think, said he, hu^
here it is. Said I, my lord, I have a great rea-
peet for yom* lordship, aad do very much de •
sire, fbr your own reputation and honour, aia
well as their's, it may be made up in some way
bdbra it be too pubhc. We were diacourainf^
of this. How shall that be done, says my
lord Grey. My lord, said I, if yoa would con*
sent to ttiis, to send har over mto France, tia
Cahusor Diep, we will there find some body
that will help her into a nunnery ; and whan
she is there, she may write to her mother, that
she found she had an intention to marry her to
a match she could not by any means approve or
like of, and therefore she went away to prsveot
her being forced to it ; and this would be as
plausible a thing as any in the worid. And
when that letter should come, my lady Berkeiey
should shew it about to her fiiends ; nay mor^
wbs should go over herself to fetch her back
again, that she might ribceive her into her
house with honour. He said, that was a very
plausible thing, and he would do it, if he coidd
tell where she w^s ; but her letter to him waa^
tiiatAa was gone fimnbwMlQribvl ahe di4
157] STAt£TRIAlJS» 34CHARLSftII. l682.«— /or ithauehhtg taiyH.&rkektf. [ISS
hand and squeezed it sCTinst her br^avt, and
there was the first time he pRroeived she bred
him a£^n ; and then she told him he should
ffo to London with them ; and he did gpo, and
from that time, for a twelte-month before she
went away, he did see her frequently, almost
every niffht, pursuinsr his amour m writings,
and speaking to her as often as he could hare
opportunity. And though my lady Berkeley
put a French woman to Tie with her, yet she
did use to rise from the French woman, and h^
did use to see tier. And one day, says he, dfi
not you remember you came to the cliamber
door, and she was angrj at Tour coming, and
that the door was not ooUed, and if you had
come in you had found me there ?
Seij. Jeff, Do you remember any such thinfi^f
Mr. Craven, I do not unless it were at Dur-
isttbmkfitto let bimknow where she was, |
fir fear he should deliver her up again. Then
ny lord Grey asked me in what. condition
tmy were all at my lord Berkeley's about it
flUd I, they are in such a confusion a^ tron-
Ife they are all mad almost. Says he, how
loes my lord bear it ? Said T, he is so afflicted
Ifcat it wiQ go near to break his heart. Says,
be, he b indeed one of the men in the world
ftatis to he pitied ; she pitieth him rery much,
bat fbr h^ mother she doth not care. One day
vhen we went out a shooting, as we did se-
veral days together ; Mr. Craven, says he, I
vStell ytyfL the whole intrijnie between my
iHly Harriett and I. I have nad a fifreat affcc-
tisD for her ever smce she was a child, and have
dways been taking great delight in her com-
pany ; and keeping her company so often till
ihe mw tip, my passion grew to tiuit height,
that I eoald stifle it no longer, but I was forcS to
(dl her of it, and then 1 could not speak to her <^
it, hot writ. But withal 1 b^s^ed her to take
oonotioe of it to any body, mr if she did, it
#oiiM ruin us both. She was very angry to
hear of it, and neither by writing nor speak-
i^ cocdd I perceive she bad any afTeetion for
lae ^fain, tiH the pariiament sat at Oxford;
iad then I did pursue my love and my amours,
and aft last, she one dsrr told me. said she, I
bcre now considered of it, and if you do not
leave writing or speaking to me of this matter,
tfae vcsty first time you write or speak to me
ania, i will tell my father and mother of it.
Aact struck him so, he said, that he did not
knaw almost what to say or what to do, and he
walked np and down just 13ce a ghost ; but he
lad it as wdl as lie could, that it should not be
(eredved by others. Butthat parliament bemg
midcly diasoited, he did intend to go down to
Suaaex to his house there, being he found sh*
Was residved against admitting his affection,
and be wonld stay there severiu years, till he
. bad weaned himself of his passion, and by
Ibat time sbe would he disposed of otherwise,
and be might be at ease. And he hiding his
Iroable as nrach as he could from my lord
^rkeley atid my lady, forbore to speak to her,
bat only when he saw her he could not forbear
looking earnestly upon her, and being troubled.
Hylord Berkeley, notknowiufifany thing of it,
^' ttked Ilim to go to London with us and not to
flkaaex ? ' be was very much peraoaded by my
hrd and my lady to it : ana at last, mV lady
Harriett Berkeley came to him, and tbid' him,
laid she, yon are very ranch persuaded by my
hAna and mother to go to London and not to
^Flark, whv do not you go with them?
Hadaro, says ne, you have stopped my journey
to London, yon have hindered my going with
tbcm, for I will Either suffer any thing than
fender yon any disturbance, and if I go to
London with yon, I shall not be able to con-
tain m vself ; but if 1 go to Sussex, I alone
Aall hare the trouble of it. But one day,
when- toy lord of Aylesbury Was leading my
bdy Berteley, and my lord Grey was leading
IDy lady Harriott, she took vAj lord Grey's
dants. And, says he, you cannot imagine what
I have suffered to come to see her.. I have been
two days locked up in her closet without meat
or drink, but only some sweetmeats.
Serj. Ji^. What did he say of his makMg
addresses to other ladies to take off his passion?
Mr. Craven, He sidd, he did all he could,
fbr he would tain have avoided bringinfi^ such
an iniamy upon his ownfkmily and bis lady's,
and he dfid endeavour to cooihis passion, by
making love to two otlier ladies, whom he
courted, and enjoyed both of them, hut yet
all did signify nothmg, he could not subdue it.
Att. Gen, Pray tell us what terms he in-
sisted upon, for his patting with her, and what
he said the law was in the case ?
Mr. Crcpoen, I told him, my lord, besides
the dishonour you bring upon yourself and two
noble families, you should do all that in you
lies, to avoid the punishment that will come
Uj^nyou for it by the law. Oh, says he, you
mistake yourselr in that, for yon must tMak 1
have considered of all thUt bdbre ; th^ <ian-
not do any thinff in law against me for it ; let
them examine me case of Mrs. Heneage and
my lord Cavendish.
Att, Gen, What, did he say he would tKSt
part vKth her but upon tenns ?
Mr. Craven, He said, I Cannot persuade h^
and I will not betray her. Truly, said I, my
lord, you had better betray her, and when she
comes to be sensible of her own good, she will
thai^ you for it tlien he owned he had her
in his power, but would not part with her never
to see her again.
Att, Ger¥, What i#ete the terms be stood
upon?
Mr. Cfdven, My lady Berkeley 0^nt me to
the coffee-house, and desired me to ask him*
if he would give her an answer to what sbe
had met him at my lord chicf^ justice's about
My lord told me, he did not approve of sending
her to the place proposed, but he would send
her to his own sister, his broiher-in-law Mr.
Nevirs ; I told my lady of it, who said, if he
did state the case right to Mr. Nevil, she was
sure he would not receive her, nor let him come
to her if he did. After that Mr. Petit's was
proposed, so he might visit her. But he did
1591 STATE TRIALS, 34 Cuablbs II. l682.--7i'fa/ of Lord Greg and Uhir$, [\^9
«ay, if that, be the dewD, that they would
hare her from me, and I not to come at her
when I please, they shall oever see her while
they live, nor will lever deliver her.
oeij. Je^. We rest here, to know what they
on the other hand say to it, and we think this
foul fact is fully proved.
Lord Cavendish, My lord chief Justice, I
desire to he heard one word in this matter.
This gentleman, Mr. Craven, that was last ex-
amined, has been pleased to tell a rery long im-
probable story in itself, and amongst other
things that he has said, he has been pleased
to make use of my name impertinently enough :
for he speaks of a case that that noble lord,
he says, vnis pleased to mention to him. If
he did mention that case to him, and did name
my name, he also mentions the case of two
laoies, he says, iny lord was concerned with.
I desira to know how he came to name my
name, and not tiame the two ladies he spealis
of, that that noble lord made his courtship to
and enjoyed ?
L. C. /. My lord Cavendish, I could have
wished he haa not named your lordship, be-
cause it was not at all to the purpose.
Lord Cavendish, My lord, I am not con-
cerned at it at all, more than at the impertmency
of his using my name.
L, C. J. I could have wished, indeed, the
gentleman had spared your lordship's name.
Lord Cavendish, I clestre to know why my
name was mentioned more than the two ladies
names P
Mr. Craven, My lord Grey did not mention
the two ladies names to me.
Lord Grei/, No, nor my lord Cavendish's
neither ; it is all a lie.
Lord Cavendish, I will bdie^e my lord
Grey's word more than I will his oath.
L. C. J. That your lordship may do if you
please. But we must not do so here. Come,
what say you to it on the other side ?
Mr. wuUams. May it please your lordship,
jiadyou gentlemen of the jury, I am qf coun-
sel m tlib case for my lord Grey and the other
defendants : and that we may come closely to
the question, I desire I may first state the
question before you upon this information,
and then you \^l the b^ter jnd^e how far the
evidence that has been given, is pertinent to
the issue that you gentlemen are to try. The
purts of the information are these : that my
lord Grey, and the rest of these defendants,
should conspire together to ruin and destroy
this youne tady, and in the ezecution thereor,
to bnog tfiifi their conspiracy to effect, they did
often solicit and entice her to adultery with
my lord Grey ; and in prosecution of these
their ill purposes and desi^, she was by force
and arms taken away from the custody and
tuition of the e^rl of Berkeley, her father, and
being so taken away, my lord Grey, and the
.rest of them, did procure her to hve scanda-
lously with my lord Grey, in whoredom and
adultery. These are the parts of the charge,
and the ^destion is, whetaer we are guUty of
it ? For the evidence, I dare presume to say,
that they have not made any direct proof of*
the matter charged. On the other side, they;
lu^/e, I do agree, ofiered something conjee-^
tural, upon which a man may iros^ine and
think what he will ; but how far you are
to conclude the defendants Guilty, out of those
presumptions, must be left to you ; I know
you will very well consider of it. It is ptain^
we are in a tery tender case ; it is a case of
honour on all sides, and I hare often heard it,
and always believed it. That persons of honour
and quality in the world, would rather loae
their lives than their honour. And I believe it
is the opinion oT my client, my lord Grey, as
well as of the prosecutors in this information.
And therefore, you, gentlemen, I doubt not,
will eiimect to have a clear evidence to convict
him or this crime. And it is not only bit
honour is concerned, but that also of another
freat, illustrious, and noble family, to which
e is by marriage allied. So that the aoquittiD§^
of my lord Grey of this matter, doth, in a
great measure, acquit the other family of so
^reat a scandal. For that will fUsify the
information, and by your rerdiet you will
remove those stains, tnat else may stick on both
sides. We are equally between the two fami-
lies, and your consideration will be, whethei'
you will lay a stain upon both of them, or ac-
quit them both. Now thei*e has been no proof
against my lord Grey of any one point in the
imormatiOn.
X. C. J. No ? Sure you arc mticU mistaken s
it is a direct proof against my lord Grey, I
must tell the jury so, and therefore apply
your defence to it as you can.
Ml'. Williams. Truly, my lord, I hope it is
not ; and our case is best stated, by laying open
the truth of the fact, and then the matter will
plainly appear. I cannot go about to justify
the passion and the folly, for I may well call
it so, of my lord Grey and this young lady in
this case. It is mismrtune enough, to be ac->
cused of a thing of that natui-c, and it may be
a great deal worse to be convicted. I shall
agree there have been those transactions be-*
tween them, that it may be, we cannot justify
in strictness every thing that my lord Grey
has done. But yet^ we say he is not guilty A
this information. We do agree, there haa
been an extraordinary nassion, nay, 1 must
say, a very unjustinable one, between this
lady and my lord Grey : but to conclude out of
that, that because there was such an unrea-
sonable, unjustifiable, extraordinary affection
between them, therefore we must infer and
conclude him guilty of this information, ta
a very forced unreasonable construction ; for
there are degrees in love, and we must not
conclude the worst thing a man can be guilty
of, because he is guilty of some degree. Theo^
to come home to the case of my lord Grey,
we shall prove, and give your lonlsbip and tha
jury undeniable satisfaction, that my lord
Grey, so far from having inveigled away this
young lady, or being any way ingtrumental t%
1 .
•• I
l01}^STAT£llUALS;d4CbARttilII. iSM^^rAimieUng'Ltiya.Berkeky. [i6t
ireyio^ ha awny, Uiat be med all
be covid to have ^ycntod any things of
nature befove, by dnoovering to my lady
adey her mother, my lady Arabella, and
my huif Lucy, her n^en, all pmooa of greai
WBom^ and her neaieat reiatipiis, that abe
Mintendto go away, by waromg them, and
ghriBg' them full notice, that there might be
BBch aa imentioo in the yonng lady. .We
shaH prore fikewiflo, that m^ man in the world
caaUdDmoire, when abe was gone, to retrieve
We ahaU make it ont by undeniable cnr-
908, pfTOved even by their own wit-
It happened that my lord Berkeley
and hip ihmQy withdrew to,acountry-bou8e of
bii near Epoom, io yom* county, gentlemen.
My kdy had some jeidousy, aa abe has been
|fe»ed totestdy, that there might be some
eitiaardiaary paasaon between my lord Grey
aad the yavng lady ; having diseovered it by
aamrjettera^ as she bath given evidence. My
Imd Grc^ aogoainted her witli his aoapicion,
tetahe mtended to go away, and was so jaat,
that ha did not cow^ any one th*ng that be
iaear ; yea, to acquit iiimfldf that be had no
It demga himaelf, and if ahe did get away it
was Done af hia fiuilt, he produced a copy
•f a letter of admonition, which my lord Grey
hiBMelf had writteii to her : and when my lady
had heard bia advice about it, and bis counsel
he gave her, ahe aaid, her father could not
|Mve i^ven her better coonsel. This was so
caily aa JuIy ; in the beginning of August,
my Wd BeiKcley goioff down to bis couiitr^r-
hooae at Epeom, and the family removing tbi-
0Mr« Then my lord €hrey was sick here in
Iowa ; and in tnis sickness of bis, there was a
lettar sent to my lord Grey from his lady, de-
mnag him to come down to my lord Berke-
ky'a ; hut it aeetus he bad been under some
cagagemcnt to my lady Berkeley, not to come
wiUioutiier leave; and having regard ohis
word past to qay lady, he would not do it. My
My Berkeley, in a few days afUr, sent for
him herself, and therein .thanks him that he
was so just to bia word and honour, that he
woaU mat come down without her invitation.
UpoB Tossday before this mdiappy kidy went
away from her fatber's house, my lord Grey,
caaaeto my lord Berkeley's.. When he came
jbnra* he was tery kindly received by my lord
mi my lady. On the Thursday ibilowing
my la^ Berkeley acoaaints ray lord Grey,
dial this yvmg lady had a design to leave her
Ittb9 9nd mother's fiimily, and run away.
Mf lord Gciry. was so firank with her, aa to tell
ter; Madam, I have long suspected such a
fhisgy as I have told yon ; botlnladam, your
daoghter Harriett is. all day in your eye,
yoa.may look bar ud at night, and secure ner
if ysv please. This was a timely caution
ma hAiM ahe Inade her cm^^- On the
Fndhyfi>llowuigceaEieaa.ktter from aa un-
kaowBhaad'tomyUdy Berkeley, that mti.
Medythat mocept they had a great care of
thdrdaarttetMAa alma eye oyer her, she
mk hwftthartflMUr*! kpg miQoj heroonfi.
▼01. 1JU
psay. My lad^ Berkeley shews this letter to
my IM Gref , say;B he. Madam, this is no
inore.than wnat Tbave often told yon, I have
given yon some IntimationB already, and my <
tbougMs and advice about it $ and whoever it
be tlmtwjrit this leUer, I am afiaid her appie* •
hensions of tome iU usage may put her upon ^
some «ucb desigfki. And he repeated it aeain, ^
Madam, let me caation and advise you, nava '
her always iu your eye, and lock her up safe
at night. This was r^eatad over and over, to
my hidy Loc};, and my lady Arabella. Thus
it continued till Saturday, my lord Grey re*
aolved to so to biscotmlry-hoaBe atUp^rark,
and took bia leave of my lord Berkel^ and
his £muly accordingly, and went that night to
Guildford, and there he Jay, and rose the next
momuigto go onwardx ofhis journey, but was
puraued, it seema, by my lady Lucy. For she
tells you, when this young lady bad left her
father's fbmily , she inunediately on the Sunday
morning came to Guildford, and sent after my
lord, who was newly gone on his way, and-
waa found on lisi way to his house in Haatex*,
Having received my lady Lucy's commands,
he returns to €hiildford, and there he bad the
first notice given bim of my lady Harriett's
escape ; toys be to my lady* Lucy, this is no
more tban I have fairly warned you of before ;•
had you taken my counsel, naa she locked-
up.P No, said she, she is gone away, and
your lordahip must needs know where abe is,>
and therefore^ pray set her to return home
again. Says my lor^ Grey^ 1 assure you I
Imow nothing at all of it, an^ to give you all
the satisfrction I can in the worM, I did not
only warn you of it before, but I shall be as
industrious as any of you all, you shalil fiuf}, to
recover her again. For that purpose, I wilt
see if she have crossed the river, or is gone
any other way ; and if I can make any die*
eovery, by fetter or any other way, I wilt
send you word immediately ; and I am
so ainoere with you, that if any letter coma
to your family for me, I give free liberty
to my lord and all his family to open
them themselves, and see what is in diem }
and if I do receive a^y from ber any othet
way, a true copy of it ahall be seut ; and
mere tban all this, if my lord be nM satisfied
with what I have said, let my lord or my lady
send, and set what spy upon me and my ac<«
tions ihey please. Aod it seems he was taken
athcB word, and they made choice of a very
pro^v gentleman, and you heard what diB-<
ooveries he has- made, and how he baa worded
die matter. For first ,he makes my lord Grey
at one time a very subtle lover, full of all in-
trigues, and one that could conceal all within
himself, and yet (when it would- do liim ao
much injury) so open, as absolutely to. unbosom
himself to one that waa an absolute spy upon
hhAimd his actions, and tell him such thii^
as no man in the world sure is such a fool aa
to tell another in his cireumstanoea. But that
I leave to the jury (as my lord Cavendish has
" tooflbnteortbeimpertiiiencyofhislong
M
1€S] STA3X TRIALS, MCBABL18 n. i€M^THal rfLori Cfigy^nni ofJbrf, [164
Blory. When he had parted from my lady
Lucy, heoames to London, and UMth all the
cHliipeDce he could ^ find her 'out. On Wednes-
day again he leaves .London, when he(ould
not &d her, and ^th to hts own house :
Upon Thursday this gendeman Mr. Craven
comes thither to him. There he finds a letter
from my lady Harriett, and b^use he would
be exact to his word, be keeps a copy of the
letter, and sends the origin^ of it tr> my lord
Berkeley's. Now no man will imagine, if he
had such an intrigue with this lady, as they
would make the world believe, that he would
ever have sent such a letter oat of his custody,
which would have been a colourable excuse ror
him. Nay, we do not rest here, but by the
way we produce this letter to this gentleman,
who it scorns, was our guardian, and told htm
moreorer, here is my answer to this letter, and
sends a copy of his answer with the letter
from her to my kdy Berkeley. Then there
comes a seoona letter, and he, accoiding to
his word, discovers Uiat, and there is not one
oircumstance in all his carriage that doth ac •
cuae him. . After * this second letter was inH-
I»rted to my lord Berkeley's family, he con-
tinued a while at Sussex, and afterwards, when
he returned to London, he used all the means
imaginable, for a person that was so near con-
cerned in point of relation, and in regard of Ins
own reputatien, to have found her out, but
oould not These are the drcumstanoes pf
my brd Grey's particular interest in this
matter, and when we have made out tiiese
<^pcum8tance^ we hope the worid will be)ieve
Mm not g^ty. It seems the young lady is
now in court ; she is so just, it seems, as to
come to do my lord right, and that one thing
wilTknockaU tbeir conjectures on the head;
for she best knows what has been done, and
theiury will consider whether this be imagi-^
naUej that my lord Grey should conceal bef
•U this while, and produce her now, when if
•ny violence hath been offered her she may
freely tdl it And as for the man that couU
ten so Teiy readily^ this was tha very kdy
that came to his bduse,- when she had so
hooded and muffled up herself, we must leave
him and his credit to the jury. We sbsil
thereforo desire, when we come to the close of
our evidence, that thi« young lady may be
here examined uponiier oath, and then, I hope,
the truth will come out.
Mr. Thompton, My lord, because your lord-
ihip seems to be spmewh^. satisfied that there
is a direct proof of the matter charged against
my lord Grey, therefore 1 suppose it wTll not
be amus to open the. fact, and in three words to
stale tne charge, and the nature of their evi-
dence to maintain it-r
X. C J. Come, .oome, call yeqr witnesses
and make out your defence.
Just. Dolben, If you can prove what Mr.
Williams says, you do something, but do not
think to vuSke long speeches; go on to. the
Cfidence.
It- C.J. Any, Mr. Thompsoiiy do not you
befieve we want any of yourhdp to reooUeef
the evidenee given, or to direct the jury about ^
it, do you disprove it if you can.
Mr. Thompson, Myford, theoonrseofprac->
tice I always took to be so, to open and observe •
upon the evidence given, and then answer it
But! submit to your lordship for that; yoa
may do as you pleoae.
Lord Grey, Then, my hnd, I desire 1 may
speak something myself. Certainly, my lordy
no man ever lay under a more infamous accu-
sation, than I now do ; and therefore, I hope^
your lordship will pardon me,' if I defend myself
as weU as I can mm it ; and undoubtadly, if
in any case a man be allowed to speak for him-
self, it must be tdlowed to roe m this. My
honour lies here at stake, and if my life did so
too, I am not, nor should be more conoenwd to
save that, than I am to dear my reputstioD,
which is and ought to be very dear to me*
My lord, were I goilty of Ae viUainies that
here are laid to my charge, I certainly should
need no other punishment, I am sure, 1 eould
not have a worse, than the 'reflections of my
own oonscitece for them, and' I ought lo he
banished the society of mankind. My lord, I
must coniiesB, I have been so unhaj^y, (though '
it is more than they could else prove) as to
have a very gr«at kindness ibr this unfortunate
young lady, my lady Harriett Berkeley : but
yet, not so criminal a one as the witnesses that
have been produced would have you tO'believey
nor as the infonnation would insinuate. .1 do
here protest, I was no way assistiBg to her es-
cape, nor privy .to it ; nor have 1 ever at all
since detainled her from her fether, though I
have sufiered a fortnight's close confincnient
and imprisonment for tt ; and all this I doubt
not to make out to your bvdship's and the
jury's satisfaction. I «ball say no more of the .
justice of my cause, but endeavour to prove it ;
and, my lord, this is that which I say to it.
The evidence that has been given consists moot
of such and such disQOursi^ that have been be-
tween tlie witnesses and myself, and those I
sbaU give what answer is nt to be given to
them. A negative, as your lordship very widl
knows, is not to be proved. Particular dis-
courses we have had, ef the same nature ae
Mr. Williams has opened, aboet my cauliouingf
them concerning her Utempts to fo away i '
and I shall app^ to my lady Berkdey her^
self, whether that be not so. If my lady
Berkeley own it to be true,. I h6pe that is very
good proof. My lord, about the time that tiiey
speak of, concerning the letter whidi I take to
be in June or July, I was sent for 1^ my lady
Bericeley into her chamber; when I name there,
my faidy told me there was a letter, which, she
said, was desired to go from her daughter to
me. I askedlier, if she had read the pententa
of the letter, she said no. I asked her, whortter
the direction of the letter were to me, she could
not tell Urnt, But my Udy had .told me, her
daughter had given her the aecomt of what
had passed between us, that abewia satisfied
thece was a oorrespoiideiioe of kite between vb^
165} STATETRIALS, 94C9ABlsft n. 1663.—,
1^ raaMrretO inn, I proffered to abwDt my-
irif. I desire my lady may aoswer whether
this be DOt 80.
L. C. J. That will be to intneate the busi^
aesB^ to go OD thus. Pniy, my lord, if yon will
aik ai^ question of any body, tell them your
cmmsei, and let them ask them, but to make
kMMf diaoounes all day is ifl>t to be permitted.
£ofd Grey. My lord, I will^^k then my
Scstions all together by and by.. My lad^r
irkdev going down with my ford to Dar-
daoti, desired that my wife might go down
vitl^ her, to which I readily consented. Soon
after that, I fell sick and kept my bed a while.
When I was well ag^un, an^ going into Sussex,
I snit for my wife to town, and would not go
ftCch her, because I would keep my word with
her ladyship. My lady Berkeley thereupon
wrote me a letter, wherein she thanked me for
JBOt coming according to my promise, and
eommendea my modesty in it ; and said, there
would be no apprehension of any ill from me,
if I did come thither for a short time. And
tfaoenpon being invited by her ladyship, to
tdoe her house in my way to Suiisez, i did
osme down thither. And I urge this, to shew
tbst there was no conspiracy or design of any
nidi thing in me, for I had^ot gone to Dur-
duita, if I had not been sent for, and so there
i^as DO design in my going. When I came
tUther it was the Tuesday, and on the Thurs-
day my lady Berkeley did acquaint me, she
was niMer great apprehensions and fears ; and
I adced her the reason of it. She ^Id me,
"Riat the. had been at some ease, her daughter
baTing made a great submission to her, and
promise of constant obedience, and that she
wsvlddo all as she would have her, if she
WDold but giTe her leave to go to town with
her; but yet, for all this, one morning she
puis on her hoods and scarfs, and was going
sway, and had done it, but that the French
WQsaan and another prevented it. I told my
hdyBerkdey then. Madam, said I, I have
good Tsason to believe she may have some
saeb intention. I did not give my reason at
thst time, but I shall by ana by. But, said I,
if she do go away, I cannot imagine but that
it is possible she may. send to me, and I will
E* eyoor ladvahip notice as soon as ever 1
vw ; and tooii^ yon seem to be satisfied,
aod to think your daughter secure here, yet
yoQ do not thJoiSf. her so indeed ; and you
umst needs use her fli, or she would have no
^Mights of i^ng from you. For my part,
if she do go away and come to ipe, I will shun
it as I would death, aad-yoa have now fair
wanung' ; she ia all d^ in your eye, pray be
soie to kx^ her up um at night. Upon Fri-
day fbnowing- comes a letter wi&out a name
to it, and Mr. WiDiams haa opened to you the
cotttents of the letter. She read the letter when
bar daughter was in the room, who asked what
theklter was, and being denied to have any
■ccooiit of it, was in the greatest confusion in
the world, and leaped and run dawn stairs like
A Quul tbiiig, and my lady heraelf was very
much diitorbed at it When I kaw the letter,
paadam, said I, this letter ought to confirm you
in the resolution of taking my advice ; it can
coroe from nobody, but some one that is to
assist in the executuig of this design, but thinkfl
it too daii^perous to engage in, and gives you
thia warning to prevent it You have suffi-
cient caution given you to make you careful.
Whereas, my lord, if I had been in any sort
of conspiracy of that nature, to take her away,
my )ady Berkeley certainly should have been
the last woman in the world that I would have
commnm'cated it to. My lord, I went a^ay
from Durdants on the Saturday, and so to
Oufldford, where I lay that night, and went on
my journey the next morning, but was over-
taken on the road, by a messenger from lady
Lucy, who was come to Guilford to speak with
me ; when I came back to her, she told me,
my lady Harriett was gone away that night,
and th^ did believe I knew where she was.
Said I, Madam, I have as great a share in this
misfortune as any of you all, because of your
supicion ; but sure you must have used her
very iH and make her do this ; and you are
much to blame, when you had all that warn-
ing from me ; why did you not secure her,
and lock her up as I advised you I Said she.
She was locked up, but the key was left in the
door. Upon this I went to London, and I had
appointed my lady Lucy to meet her on Mon- .
day morning, to give an account what I could
learn ; but I told ner, that I had heard nothing
of her, nor is there any proof that I did see her
at any time, till I owned it before your lord-^
sdiip at your chamber. She seemed not to be-
lieve me when I told her so. Madam, said I,
it is certainly true ; aud to convince you that
I have no hand in this matter, I will go imme-
diately into Sussex, and there I will stay as
lon^ as you wiU have me ; and if you please
to go yotirself with me, or send any body else,
to observe what I do. She thought it not (it
for herself to go with roe : but my lady Berke-
ley and she afterwards pitched upon Mr. Cra-
ven, who had been a long time a servant in the '
family, and I agreed \vith my lady in that, to
have him, and receive him as a spy upon me.
Discoursing with my laily Lucy, said I, Ma-
dam, ndw 1 will tell you .the reason, which I
forbore to tell my laoy Berkeley, why I bad
good ground to suspect my lady Harriett had
a design to go away, and it was tliis : My lady
Harriett came to me one day, about six weeks
or more ago, in the court-yard at St. JohnX
and says she to me, I am used like a dog, I
live the life of a slave here, L can endure it no
longer ; by the eternal God that made me, I
wUI not be alive long, unless I can set myself
at liberty. This I said to m^ lady Lucy ; and
these, said I, were reasons enough for me to
warn you to look well after her. I did, ac-
cording to agreement^ go into Sussex imme*
diately ; and I then told my lady Lucy, I be-
lieved I might have a letter from my laay Har *
riett, by the Wednesday night's post, because,
said I, ierio cannot writesooner than tha^ and if
t€r] STATS TBI ALS» 34Ciu»jiE»«. l«M.-'T«Vrf</iX0it3r<w<«««rF, [ifi*
Ibave^ I wUlsend you. wcnnL Wlieii I vf§B
tbere^ Mr. Craven came the next, day to my
kou^ ; and an soon as he came, said I, Here
is a lette)* I have received from my ]ady Ibr-
riett, and if you will, jrou may tale a copy of
it. I took a copy of it myself, and sent the
original of it to my lady X.ucy, though they
have not thoug^ht fit to produce the letter now
in coUrt, that vour lordship and the jury might
see it. But tlere is. mine, which is the first
account what was hecomc of her after she went
away, that I received, except what account I
had firom my lady Lucy at Guilford; and this
will shew to all the world, that I was not so
much privy to her going awav, as they say I
ffras. I had deuicd to assist her in it, when
she complained to me of her ill usage; and
when she attempted to ffo away before,!, upon
my lady's telling me of it, gave her sufficient
- caution. And for the ti-uth of all this, I appeal
to those very witnesses that have been pro-
duced agaiust me. When I had shewn this
letter to Sir. Craven, 1 sent it away by a ser-
vant of my own, to my lord Berkeley's, and
wnt to my lady Lucy, and desired her to pen
Whatever answer she should think fi^, to send. |
My lady Lucy did write to me back again, and
tofd me the substance of what 1 was to write,
but the penning of it she did leave to me, for she
believed I woiUd do it effectually. I did write
an answer to my lady Harriett's letter, and that
apswer I shewed to Mr. Craven, and asked
him if it were sutucient, and he seemed to
approve of it. The lady herself is in court, I
know not whether she can. give an account of
the letter, I suppose she can tell you what an
one it was. 1 had ailerwards another letter
from her in answer to mine, and that I hare
me, I could npl protect heragaisslh«rfiitter. *
I then told your lordship' &od my lady Qetl(e*
ley. She. was not in my house, nor in my om-
tody. They replied, She was in my power ;
but how coukl she be in my power, when 8h«
was not in my custody, nor in my bdgi«g t
But my crime was that I knew where she w«a*~
And it I do deserve punishment for keepin|^
my word and faith with her, which Ji gare
her in a letter, upon her impor^ity n^ to
betray her,) must submit to it, I could not in
honour da otherwise. My lord, I desire tbia .
first tetter ma^ be read, which was first scot by
my lady Harriett to me.
£. C. J. Surely, my knrd, for all your \ot$g
discourse youcanpot. hut apprehend youradf
mistaken, when vou say there is no crime
charged in the inrormation, but the taking her
away to such an intent and purpose. Surdy
there are other things besides that Ana
what you speak, if not proved, your lordship
knows must pass for notbmg.
Mr. William. My lord, your lorcbhip has
made a right distinction between disooufMS
and proofii. Therefore discourses between
strangers and thii-d persons, are not to be stood
upon, but tlie proofs are ; and all the evidence
together must be leil to the jury, to oonsiriks'
what is material and peitment, ^iid wbat not.
We shall therefore go on to our evidence ^ and
shall begin with my lady Berkeley first, gnd
ask her ladyship some questions, and we de-
sire to know whether she hath seen this leU*
tor?
L, C. J. But take notice, the letter you pro-
pose, we cannot read it.
Mr. Williams. But, my lord, it was agreed
I between my lady Lucy and my lord Grey, tliaft^
here, and it will appear by both of those let- if he received any letters from my lady Har^
ters, whether I had any interest in her going
away. Though perhaps that would not have
been such a crime neither ; and vet I think
.withal, that there is not a tittle or proof that
f had any hand in it, not one proof of any cir-
cumstance like it. And if there be any crime,
it must be the taking her away, to suen an in-
tent and purpose as is charged in the inibrma-
tion. , Before I came to town, I was sent for
about some other business, yet I would not
come till I had my lady's consent ; for I sent
lier word, my lady Hsftnett writ in her letter,
that she was going beyond sea, and if I went
to London I might prevent it, but I would not
go without my uidy*s or Mr. Craven's consent
atid approbaUon. When I came to town, I was
one day at the coffee house in Covent- Garden,
I was tnen sent to by this lady, who was in an
hac^kney-coach at the door, and when I came to
' the coach side to her, she gave me a tedious
history of her ill-usage at home, wh\dx niade
her come away. Aud when your lordship's war-
rants were out ib search ibr her, I came up to ;
your lordship, and I dare appeal to your lord-
ship, whether I did not acquaint you, that she
only sought for protection, and was willing to
return home, so she should be satisfied shq
•bPiddoQi be IB treated agauL You then told
riett, he should communicate them to my Hdy
BeHkeley, and tliis letter coming to bun, hm
first shews it to Craven, this man that was tinift
set as a spy upon him, and after sent it to onr
h^y Lucy, and whatsoever answer they wovu
have sent, was promised shouhL be, and ao-
cordingly was first sliewn to Craven, and then
sent, if this were the agreement, and theoft
letters were thuft written, then sure we mi^
read them.
L, C. J. You may ask my lady Berkelejr
any questions, but must not read any suc^
letters.
Seij. Jeff. Pray, Mr.Williams, let us go ac-
cording to the course of law, and give no.
evidence, but what is fit to be given as evi-
dence.
Mr. Williams, Tlien thus. Madam, pray caa.
you remember the discourse that p^st D^tweeo.
my Iprd Grey and your ladyship in June, con*
cerning your daughter and him ?.
J jSidy Berkeley. Where?
Mr. William. At St. John's.
Lady Berkeley. I do not well knofr what dis*
course you mean ; but any particular diaoouTM.
that was there I will answer to.
Mr. Williams. That discourse that past bon
tweenyou the first tinae that you aequ«iatodBi|r
1(9] STATETiUAI^S4Cki4«Uin.]«ai-->brAiMnid^ Berhbg, [170
kid Grey'thai 700 mpected ibcte was too
' iwch ftmilkuriiy bMweea him and yow
ter.
Lady Beribe/«y. .The first time do yoa say?
Mr. Williams. Yea, Madam ; I tbink yov
were pleased to say, that apoa your first dis-
covery, yoo sent fiir him and talked with him.
Lady Berkeley. I did sot say upon my first
diseovery, bat when I had discovered it. For
I would be very punctual to the truth in my
Cfidence.
Mr. Williams, You say, your ladyship had
iome ^sooune with bim in june.
Ijady Berkeley, I think it was in June.
Mr. Williams. Pray, Madam, can you re-
member what my lord Grey promised your
ladyship then^?
: Lady Berkeley, He told me then, he would
obey me in any things, even if I would banish
bim my house.
Mr. Williams, Was there any letter then
prodooed by yonr ladyship or my lord Grey ?
lojdy Berkeley, Of what concern f
Mr. WHkams. Any letter that lelated to
your daiu^ter ?
Lady Berkeley. No ; but I told him of aletter
that was ibnnd, that she had writ to him.
Mr. WaUams. Madam, pray have yon that
letter, or any copy of it ?
lady Berkeley, No, it was torn to pieces, I
can brmg* the pieces, I beUeye, if there were
Mr. I^losipMft. Your ladyship read it, I sup-
pose?
Lady Berkeley, No, my daughter Bell read
it, and tore it in pieces*
' Mr. Williams, Was there any discourse be*
tween your ladyship and my loid Grey, about
aaj other letter?
Lady Berkeley, Not at that time,
f MrJ' Williams, Was there at any other time ?
Lady Berkeley. Yes, at tbe Charter-house
4ft tav lord's honse, one day my lord Grey de-
sired me to walk into the. gallery, for he bad
aamedung to communicate to me, and the dis-
CDuse thai past between us then wai> this ; he
shewed me there ft letter of the passionate lore
he had fm her, with some good counsel in it
Mr. Williams, Did your ladyship approve of
the counsel he gave her ?
Lady BerkeUy* 'Sffr&r, when there wHs ^so
much love and passioD in the letter.
Mr. WUUams. Fray, Madam, recollect your-
aetf, were yon not pleased to like of that letter ?
- Lady &rkeley, I could never like of the
passionate expressions in it; there miffht be
BJNH' thing, in it well #aid enough, but with the
greatest expressions of passion and lore ; inso-
Bsncfa, that he faimsdf said of it, madams I'm
ashamed of that part, and would have had me
overlooked it.
Mr. Williams, Did yonr ladyship say, her
father eould not giro her better advice ? •
Lady Berkeley, Not that 1 know of
Mr. Thompson, Pray, Madam, did you ever
sarib?
U4j Betkeley. Surely I did. not: For I
♦.
oosldnotbat thitic hb coldd gi«e her a great
deal better advice. . .
Mr. Williams. Does yoilr kdjnhip, pray
Madam, remember any macourae between my
lord Grey, and you, upon the Thursday beftra
your daughter went away ?
Lady Berkeley, I cannot tail for Thursday./
Mr. Williams, Doeb your ladyship remem«
ber the letter you received firom an unlmown
hand ?— Lady Berkeley. Yes, I do.
Mr. Williams, Did you shew that letter, or
read it to my lord Grev ?
Lady Berkeley. B!fy lord Grey came up to
me, and seemed to be very careful of my con*
cems ; Madam, said he. Pray take care, fsr I
saw ai letter directed to your ladyship, without
tbe mark of tbe post, or the penny-post upon
it. And, said he, I give you tliis caution about
it before it comes to you. Because my lord
was by, I arose up and went to tbe other Ma
of the room, and mv lord Grey followed me,
and when I took up the letter, I saw something
that I thought to be rery odd and unusual iif
his carriage, as if he were in great disorder, as
I was ; and I went to my chamber, thitiber myi
lord Grey followed me, and that letter be
would see, because he said, it had put me
in some disorder : I told him be should not see
it as then. I sentfiir my daughter Lucy into
my closet, and diewed it her, and she was in
great disorder about it too.
V Mr. Williams, Pray, Madam, can yon re-
member whether that letter did caution you to
look well to yonr daughter, or else you were
not like to have ber company lonj^ ?
JLoAy Berkeley, The letter did say some
such tning, I must look after my daughter, or
I should lose her.
Mr. Thompson. And this was on the Friday,
before she left your ladyship, Madam, was it
not? '
Lady Berkeley, Yes, it was so, I think.
Mr. Williams, Pray, Madam, what did my
lord Grey say upon Uiat ?
Lady Berkeuy. He was extreoMly earnest
to see the letter, because, he said, it had so
disordered me ; and at laflt I was persuaded tn
let him see the letter : he turned tiie letter up-
side down, and looked on the subseriptien.
Madam, says he, is this all that dsord^rs yoo
so much, 1 am used to have many suoh letters
Ijy the penny-post; this is nothing^ but to
amii^se yon. It ia a very siHy letter, and writ-
ten by some woman, as you may see by the
spel1ii>g.
Mr. Williams, Did he caution you to lock
up y oni * daughter at nights to secure h^ ?
£ady Berkeley, Not one word upon this
letter ; bvt the next morning again lalking
about this letter, he said. It was a foolish fetter,
and what siHould I trouble myself about it fi)r ?
Mr. TFiilt. W. But, Madam, had you any
caution girei t you by my lord Grey about this
time, to take t ^are or your daughter P
Ladyfieribe»Vy. Not that I remember, to
lode her up.
Mr. Williams, What theft did he say ?
I
171] OTATETWAL8, 34CflARt£s II. iSB^.'^lirial of Lord Grey imiMhm^ Cl7«
Ii«dy JBerfte/ey. I will tell you what he said
to me once or twice. Madam, whatever you
do, do not make her desperate. I asked him
what he meant by that word ? Said he, It is
Bot necessary to explain tliat word to you ; I
meant hothiDg*, but do not use her ill. Now,
nnr lord, I was so f^x from that, that I used her
TVtth all the tenderness of a motl)er, like a
aster rather than a daughter ; na}', he himself
has confessed, she was better used tlian he
imagfined she was.
Mr. Williams. Did your ladyship, at any
time, intimate to my lord Grey, that you had
any apprehensions of her intending to go
away?
Lady Berkeley. I did tell him. That when I
was at London^ my woman that lay with her,
did rise about 8 o'clock, and left ray daughter
alone in the room, and when she came up
ag^n, my daughter had put on her hood and
fcarf, and her petticoat was pinned up, as ready
to go out, and the woman being affrighted at
this, called up my other daughter, and so pre-
vented it ; uid sdW came and told me she had
. pinned up her petticoat thus about her, and she
did not Know what she meant to do. Upon
this I went to my daughter, and, said I, What
is the reason that you pinned up your petticoat,
and put on your nood and scarf ? Says she, I
had not my scarf on. But says my woman to
roe, when I came into the room, you thru/st
something into your gown. It is true, I did so.
Madam, said she, but it was upon the account,
I had got a sheet of paper, upon which 1 in-
tended to write, and seeing her come in, I put
it in mygown-
Mr. mlliams. Pray, Madam, did my lord
Grey at any time caution your ladyship about
your daughter, to lock her up, or tell you his
opmion that he thoufht she would leave you?
Lady Berketei/. I cannot positively say
that ; nut he used to say to me, Madam, do not
make her desperate ; I do not know that ever
he advised me, as to the locking her up.
Mr. Tkfiii^ton. Did h^ desire you. Madam,
to take care that she did not go. away irom
you ? — Lady Berkeley. I do not remember it.
. Mr. Williams. Pray, Madam, can you tell
who brought that letter from an unknown hand
to you at Dardants ?
Lady BerkeUv. It came down with other
letters to my lord's steward.
Serj.Je^. But yourladvship says my lord
Grey was very solicitous aoout that letter^
Lady Berkeley, Yes, Sir, he came to me, and
veiy earnestly cautioned me about it : for, said
he, I see there is neither the^ general-yost nor
the penny-post marie upon it. And jtnowing
himself guilty of what ne was guilly of, he
miffht be afraid lest my lord should nee it, and
80 ms business come out.
Mr. Williams. Pray, my lady LiTiCy, do you
vemember that ever my lord Grey ailVised the
locking her up P
Lady Lucy., ][Jpon discoursiyig of the letter
that came mm an unknown hand, my mother
Mid la asy lw4 Grey y sura tfaaj^ is snak a horrid
thins* that it can never be dune ; my lord Gcey
might then reply and say, if you fear it, you
may lock her up : but I do deny that ever %.
heard him say any thing to caution my mo-
tho*, that he thought she was agoing.
Mr. Williams. Madam, the question I ask *-
your ladyship is, whether my lord Grey did or >
no direct or advise to lock her un P
Lady Lucv. Upon my motner's discourse
concerning the unknown letter, and how nd a
thing that would be, he might say, that if site
fewred that, she. might lock her up; but he
never did say that he did think she would ffo.
]^r. Thompson. Pray when was this, Macuun,
how long" before she left the family ?
LadyXiJcy. The day before.
Mr. Williams. Then, Madam, for thedis^
course you had with him at Guildford, what
said he, he would do?
Lady Lucy. It was at London, that, be .
passed his word to so down into the coantry%
Mr. Williams. What did he promise you to
do there. Madam ?
Lady Lucy. He said he would not stir from
Up -Park till he heard from my fother. :
Mr. Williams. What did my lord say to you,
Madam, about the letters he should receive ?
Lady Lucy. He did say he would send U9
all the letters that came to him from her, and
if any came to our hands we were to open
them.
Mr. Williams. Was my lord Grey willing
to receives spy. Madam, upon him?
Lady Lacy. Yes, he was.
Mr. Williams. Was there any letter sent to
your ladyship from my lord Grey ?
Lady Lucy. Yes, there was a letter with one
in it from my lady Harriett.
Mr. WUUams. Have you those letters bjr
you. Madam ?
Lady Lucy. No, I have neither of them
here.
Mr. Williams. Can you tell the contents of it ?
Lady Lucy. I have told them already.
Mr. WilliasHS* Pray, Madam, will you please
to recollect yourself a little, when you were at
Guilford, and told my lord Grey that my lady-
Harriett was eone away, did not my lord teU
you, you had not observed the directions and
advice he gave about her, to lock her up ; and
did not you then answer him, yes, the door was
lodged, but the key was left in ?
Lady Lucy. I (fid reply, the woman had not
locked it carefully enough after her.
Mr. Williams. Did you not say, thai the door
was lodged, but the key was left in ?
Lady iMcy. I do not remember a word of
that.
Mr. Williams. Madam, will you please to
cast your eye upon that letter, and see if that
paper be a true copy of the letter you had ?
L. C. J. What paper is that you offer, Mr.
Williams ?
Mr. Williams. It is a letter from the young
lady to my lord Grey.
L. C. J, You know no use can be made of
that paper» why do you offar h ? It iaconluid-
9
»73]
, 34Ch AKLBS II. 1 Gs^.^fcr iehauching Ladytt, Berkeley. [ 1 7i
' ei that mv kml bad the lady in his power, and
tfcni would not slie write any thing ?
Mr. WUiiams. Then, my lord, there is the
ymiDs tedy herself, we desire she may be exa-
UOcll.
Seij. Jcfferies, But before we part with my
bdy Lucy, if you have done, we desire to ask
her a question ; It is here insinuated, as if
Aerefaad been some hardship put upon this
vtmng* lady, or some ill usage m her father's
bnnly : Now for the honour of that noble funily :
I voold have that point cleared ; and therefore
Cray Madam, did you ever observe any un-
mdnesa, any seventy or harsh usage, that
va$ used to tbis lady, Cy my lord or my lady at
uy tnoe?
iLady Lucy. So far from that, that all of us
Jnd a^ealousy that she was loved best.
Seij. Jefferkt. Pray take notice of that, gen-
X. C. J. Phiy, Madam, let roe ask you one
foestioB. AfWr my lady had discovered this
evil affection between my lord Grey and this
yoong lady, did she then pnt any indecent se-
venties iiMRi her, or use her very hardly ?
Lady iMcy. My lord, I came out of France
but two days before she went away. I saw no
such thing.
Mr. WiUiams, We ask her about my lord
Grey, and you ask her about a third person.
Serf. Jtfferies, Oh good Mr. Williams, we
know why we ask her that question. It is an
ezlvaordinary case. Pray my lady Arabella,
will you answer the same question P
Z. C. J. Ay, Madam, pray let me ask you ;
after this ill business between my lord and her
was disoovervd, did my lady Berkeley, (I cannot
say ray lord, for be knew nothing oi" the matter
tid she was gone away) use her ill or un-
kindly?
iMy Arabella, No, no, my lord ; no mother
in the world could be more indulgent and kind.
fihe did indeed find it necessary to have a
stricter eye over her, and she did put a woman
about her to look afler her, and did not permit
her to write any letters. She had, or expressed
a greater kindness for her. than any of us aU
Lady Berkeley, Ay, and that my lord Grey
knows to be true.
X. C J. No, no, when my lord Grey was
in bis passioo, he might say so, but he Las no
proof to shew of it.
Sen. Jejferies, My lady Lucy and my hidy
Arabola, what person did you fear should take
her away, pray ?
Lady Arabella, We were not afraid of any
My but my lord Grey.
LNJy Lu€y, There was no reason for fear of
sny body but hiin.
m. Williams. Vty lord, there is the' young
hdy, we desire she may be sworn.
Ait, Gen. We oppose it. Sir, and have very
^fosd leason so to ooV and we think it is time to
ioitnoWfiferer.
L C. / Wby should she imI be sworn, Mr.
Attoniey f
Just. Dolken, If the lady herself have the
confidence to«be sworn, I see no reason why
she should not.
Att, Gen, This case, my lord, is in the
nature of a ravishment of ward, for it is for
taking a younff lady out of the tuition and cus*
tody of her fatner, who is her guardian by na-
ture, and it is apparent in the proofs, she is
highly criminal in this very matter herself, in
consenting to so away in such a manner, and
to such an evilpurpose ; and now she comes
to excuse one, that is nqt only a partaker in her
lault, but the first seducer. Now, my km!*,
when we have proved this matter of love upon
her, that is laid in the information, sure she
cannot be a witness for them, she would be a
witness to excuse herself.
jL. C. J, Mr. Attorney, I do think truly, t^at
notwithstanding what you say, she may be a
witness, being no party to the information.
But withfd, I thipk there is very little credit to
be given to what she says.
Mr. Williams. Sure these gmtlemen forget
themselves much in offering to liinder or opposs
one*s being a witness, that is no party in the
cause.
Mr. Serj. Jefferies. TVuly, my lord, we would
prevent penury if we could. [Then die was
sworn."]
X. C J. Brother Jefiertes, we cannot oppose
it, if they will press it, and she consent ; but I
tell you wliat I think of it.
Air. WiUiams. If she be sworn, my lord, we
would ask her a question or two. Madam, wc
would desire your ladyship to answer whether
my lord Grey had any hand in your escape ?
Lady Henrietta. No, Sir.
Just. Dolben, You are upon your oath,
Madam ; have a care what you say ; consider
with yourself.
Lady Henrietta. Yes, I know I am npoa
my oath, and I do upon my oath say it
Mr. Williams, Did my lord Grey advise you
io\i?
Lady Henrietta, No, I had no advice frpm
him, nor any Tiody about him, nor did he kno\f
any thing ot it, it was all my own design.
Serj. Jefferies, Madam, 1 would ask you this
question, and pray consider well before you
answer it. Did you see my lord Grey on the
Sunday after you went away from your
father's? — Lady Henrietta. No, I did not.
Serj. Jefferies. Did you see him on Monday T
Lady Henrietta. No,
Serj. Jefferies. Did you on Tuesday?
Lady Henrietta. No.
~ Sen. Jefferies, Didyou on Wednesday ?
,Lady Henrietta, No.
Sen. Jefferies. Good God ! Pray» Madam,
how long aflerwards was it that you saw him?
Lady Henrietta, Sir, it was a great whU
afler. ' .
' Mr. Williams. How many days or weeks
after was it ?
Lady Henrietta. Sir, I cannot teU.
^ Serj. Jefferies, As near as yoa OHi| ;tf^«y^
when was it?
175} STATE TmAL% S^CharlesH. \6%2^TrUl of Lord Grey mid oihtrs, [17S
Lady Henrietta. I cau remember the first
.place toat I saw him at ailer, bat the time ex-
actly 1 cannot. *
JVlr. WUlUmu, Where was that, Madam ?
Lady Henrietta. It was in a hackney-
coach.
Mv, Williami. That wasJhe^me, I suppose,
that you seut fbr him oat of the cofiee-house
in CoYent-Garden ?
Lady Henrietta. Yes, I did so.
Mr. Williams, Pray, Madaiu, did you write
any letter to my lord Grey after your going
away ?
Lady Henrietta, Yes, I did by tjie next post.
Mr. Williams. When did you write that
letter, Madam ?
Lady Henrietta. L did write it upon the
Tuesday after I came away. I hope that is no
ofTence.
X. G* J' No? Is it not? You should have
writ to somebody else sure.
Lady Henrietta. I thought him the fittest
person for me to write to, and I did not imagine
It would be any ways scandalous for hinl, he
h&ng the nearest relation I had in the world,
except my own brother, that could protect me.
Mr. Williams. Had you any answer from
my lord Grey to that matter, Madam ?
Lady Henrietta. Yes ; and a very harsh
letter it was.
Mr. Williams. Did you write him any other ,
fetter?
Lady Henrietta. Yes ; . but I received no
answer of it at all.
Mr. Thompson. Prey, Madam, did my lord
Grey, at any time, persuade you to return to
iyour father's ?
Lady Henrietta, Yes, he did so several
limes.
Seij. Jefferies. Pray, Madam, do you know
Chamock, that was my lord Grey's gentleman ?
Lady Henrietta. Yes, I do.
Serj. Jefferies, Upon your oath, did not he
carry you away firom Durdants ?
liidy Henrietta, No.
S^. Jefferies, Nor did not his wife assist
you initf--Lady Henrietta, No.
Son. Jefferies. Nor was she not with you on
the ounday morning ?
Lady Iienrietta, No, nor was not with me.
Att. Oen. Were you not at Mrs. Hilton's
then, Madam ? — Lady Henrietta. No.
Att, Gen. Were you at Patten^ ?
Lady Henrietta, Wo.
Sol. Gen. Nor at Jones's t
Lady Henrietta. No, nor at Jones's upon
ny oath.
Att: Gen. Prey, who did come with you
fipom Durdants?
Lady Henrietta. I shall not give any ac-
count of that, for I will not betrey any body
for their kindness to me.
Mr. Wallop. If it be no body in the infiirma-
Hon, she is not botmd to tell who it was.
Lady Henrietta. If I hare vowed to tbem
before, not to discover. I wiUaot break my fow
Wlhcin. ^ -
Just. Dolben, If they ask yon of any bod jr
in the information, you nave heard their names,
you must tell if it were any of them, but yoir
are not bound to tell if it were any one else.
Lady Henrietta. No, it was none of them*
I went away upon another account.
X. C, J, If you have no further questions to
ask her, proy. Madam, sit down again.
Lady ^€nrie^^a. Will you not give me lesTO
to tell the reason why I left my father's house ?
Just. Dolben. If they wiU ask you it tbey
may. You are their witness.
Mr. Williams. No, Qiy lord, wedo not thiols
fit to ask her auy such question ; she acquits
us, and that is enough.
Lady Henrietta. But I desire to tell it my^
self.
L. C. J. Truly, I see no reason to permit it»
except we saw you were a mgre indifferent per-
son to give evidence than we find you.
hsidy Henrietta, Willyou not give me leave
to speak for myself?
Just. Dolben, My lord ; let her speak what
she has a mind to, the jury are gentlemen of
discretion- enough, to regard it no more tbaa
they ought. But, madam, for God's sake
consider you are upon your oath ; and do not
add wilful perjury to your other faults. ' ^
Lady Henrietta. I have been very much
reflected upon hei-e to-day, and my reputation
suffers much by tlie censure of the world, and
therefore—
JL. C. J, You have injured your own repu-
tation, and prostituted bc^ your body and your
honour, and are not to be believed*
Justice Jones. You are, madam, to answer
only such questions as are asked you pertineat
to tbe issue that the jury are to try, and if the
counsel will ask you no questions, you are not
to tell any story of yourself.
Mr. Ireton. My lord, as to tbe evidence of
Patien, the case is quite otherwise than they
would represent it to be, about Chamoek's
coming thither for lodgings, for Mrs. Pattes
is a midwife, and used to lay Mrs. Chaniodc,
and it was for her to lye-in at Patten's honae,
because it would be inconvenient to lye-in at
my lord Grr^'s.
L, C. J. What does that signify ? bat prove
what you can.
Mr. Thompson. Where is Mrs. Patten, they
wouki not produce her, because they knew it
was against them ? [She appearing was sworn.]
X. C. J. Well, what do you ask of this
woman now ?
Mr. Ireton, I would ask her, my lord, whe-
ther were there any lodgings bespoke in youp^"
hoQse against September ?
Mrs. Fatten. I know nothing of that
Mr. Ireton. Was there any hody in Jane sr
July at your house to bespoik hnlgioffB ?
Mrs. Fatten. I cannot tdl the mon& nor te
day.
Mr. Thcmpion. prvy, mistresf, speak what
you do know.
> Mrs. Patten. Mr. Chsmoek and bis wife
did come to my boose bat sommer.
I
irrj STATE TRIAIA d4CHAtLStIL i6$i.'^fcrdAauekimgLadjftlBiriekif.[l79
that fiteth any diing of the matter apon my
lord or my lady.
Mr. Wallop, We do hope in your lordahip'a
ob8er?ation8 upon the evidence to the jury,
you will please to take notice, that there ii no
colour of evidence of any actual force unon the
lady which is laid in the information, tnat my
lord did vi et armit abducere. Sec.
L, C. Ji Oh, Mr. Wallop, fear not, I shall
observe riffht to the jury ; but you have read
the book tnat is written concerning juries late*
ly, I perceive. •
Ser|. Jeffl He has studied such books no
doubt, and has learned very good counsel from
Whitacre.
L. C. X Lode you, gentlemen of the jury^
here is an infbrmatiun on the behalf of the
king, against toy lord Grey, and the other de«
fendaiits ; and it doth set forth, that my lord
Grey having married one of the daughters of
the eail of Berkeley, and having opportunitT
thereby of coming to the earl of Berkeley's
house, he did unlawfully solicit the lady Hen«
xietta, another daughter of the earl of Berke*
ley's, a youn^ lady, to unlawful love ; and that
he did entice her irom her lather's house ; and
that he did cauee her to be conveyed away
from thence a|rainst her father's consent ; and
that he did unlawfully use her company atler-
wards in a very ill manner, an unjustifiable
manner ; and tms, gentlemen, is the substance
of the information ; in truth, it is laid, that he
did live in fbrnication with her. Now, gentle-
men, to this, my lord Grey, and the other
persons, the Cnamocks aind the Jones'#
have all pleaded not guilty to it. Now then»
the (Question before you is, whether there
were any such unlawftil solicitation of this
lady's love; and whether there was anv
inveiglement of her to withdraw herself
and run away from her father's house
without his consent ; and whether my
lord Grey did at any time frequent her company
aflerwards. Gentlemen, the evidence that has*
been given, you have heard what it is, and it i^
very plain, if you do believe these witnesses^
that speak it from my lord's own mouthy that
he hiUh a Ipng time unlawfully solicited ner to
lust For there is notliins; else in it, gentle*
men, (that is the plain Enmish of it all) he hns*
enticea her to unlawful lust. My lady slie
gives evidesoe of it from his own mouth, that
mere was an intrigue of unlawful love between
them: She says my lord Grey condemned
himself for it several times, but yet prosecuted/
it ; he ovmed it was a most disinjpennous and
dishonourable thing in him, which indeed it
he did therein in tnith Biake a right
Mr.WiUutms. What was their bnsiBeflB ?
Mrs. Pollen. ForhKlffings.
Mr. JSkommon, Did mey tell>yoa who they
vene for ? Did they talk about lying-in ?
Mrs. Patien, They were only for his wife.
Mr. JErelon. Did lie teU you what time he
duHild come ?
Mis. Patten, He ^ tcil me they were not
fit to come iDto yet, but they might at such a
&De, but the did not know her own reckoning:
Bat Ihe^ were not takoi.
lb-. Lrctom* Are not you a midwife?
Mrs. Patien. 1 was Mis. Chamock's.
L,C.J. What is that to this purpose.*
Seg. Jeffl Now yoa are sweetly brought to
SCO*
Mr. Iretifn. Pray, wooian, vnll yoa tell what
Ifarv said to y oo ?
Ars. Patten, Mr. Chamock and Iiis wife
eaaie to our bouse for lodgingnk 1 adsed her
wfae they were for ; she saidthey were for a
Ijeotlefiroiiian. I asked her • who she wasi
Says slie, iur myself to lye-inhere. Said I,
how oomes that about ? Says she, about the
tine diat I reckon my lord's family will bcr in
town, end I find it not convenient to lye-in at
our own house ; then my father and mother
Wie sent Ibr me into the country', to lye^in
tbei^ but I cannot think of going tiiither,
hecarae of changing my midwife. Then, said
I, truly. Mis. Chamock, any thine in my
Invae w at your service. Said she, I think it
eonvenioit rather to be here than to go ii)to the
eoQDtry ; but I do not desire that my lord's
lunily should know that I intend to Ive-m here,
for I weuld notinccmvenience mv lady's house,
«Dd yet my lady, it may be, will not permit me
Id go out.
£. C. J. But, mistress, there came one to
your house from Mrs. Hilton's, who was
Mrs. Patten, I do not know ; I was not at
hsme then.
L. C. J, Did you not come home before
Ib^ went away ?
Mrs. Patten, No, Sir.
Srij. Jeff, Was that woman they brought to
)ye-in in your house, mistress ?
Mrs. Patten. Who (!o you mean, Sir ?
Sen. J^, The other gentlew<mian that came
with Mrs. Chamock and Mrs. Hilton* The
fadv that spoke just now.
Mrs. Patten, I do not know ; I never saw
her &oe in my life, that I know of; what m^
hosbaml saw I cannot tell, I saw her not ; it
laay be die, it may be not, for any thing I
know.
L. C. /. Well, gentlemen, have you done,
viQ you call any more witnesses ?
B^. WiUiamt, We have done, unless t)||ey
aH any more.
8e^. J^, We bhall only cidl a noble lord,
Ay kvd of Ayled>ury, to testify what he
koowi, being' very much conversant in the
JanOyy of the treatment he ha^ observed of this
L C, J. That needs not, for thei e is nobody
TOt,iJiC.
was
estimate of the thing. He did own he bad.
betrayed the fhmily, and brought it into great
scandal, and had abused both father and mother
by this ninlavrful sdUdtation of their daughter
to this unworthy wicked affectioi^; but he ex-
cused it all with the greatness of his passion,
and that was all ; he prayed her to consider, it
was a great and passionate love, a love that
he coold not rssist; he loved her above all
179] STATE TRIALS, 34 CHARLES 11. l6S2.—7K«i 4)/ ^'^*^''<y^«*^'*«'«' U^^
tvomen living, and many fair promues of
nraendment and desisting be made, but you see
how he has performed them. Yon hear my
lady Arabella tells yoa there was a letter writ-
ten* by my lady Harriett, this lady that appears
]K)w m court as a witness for my lord Grer,
which she had oat of her own band, and she teils
you the effect of it ; it was to invite my lord
toother nii^t, as be had been with her a rormer
Might ; and to shew the greatness of Jier long-
ing for him, she desires it might be 4|aick1v,
not ft> stay till Monday, for if he did, she should
be mipfhty impatient, if he delayed so long ;
and wftbal idie told him, her sister Beit, which
J take to be my lady Arabella, had set dis-
cerered h, nor neard the noise fliat was be-
tween them that night they w«re totfetiier.
My lady Lucy, idie tells yon, he owned there
was an unlawAal love between hfad and her
lister, it must tiecds then be true, if he DWti«d
t to her, and he said that it put him nneii
mighty inconTeniencses, and he owned he fiad
done so raoch wrong to the Ihuuly, that he
could never repair it. You hear mf My tells
Von she forbid him the ikmily ; and you hear
likewise, what Ir^ desi^s ne had, and what
he pretended th^ he might eonthitle to oetne
to the family, if you believe mv lady. For he
pretended that this would bo tne wair to make
It public, if he were ihrbid the house altogetber ;
bnt be woold be under her dlreetimi, he would
do nothing but what she shotdd approve of;
that he would not apply himself to her daughter
to speak to Iier, nor write to her. And you
hear that fbr all this, he did, before my lady
Arul)ella, vent a great deal of passion for her,
that she was the only person in the world he had
any love for ; that my laily Arabella tells you i^
heard him say, m heii he had seen her fall down
like a dead woman. When he had made my
lady a proimif^e that he would not oame without
U*»'e^ he sends his own wife thither first to heir
that he might come down,' and very earnest
and importunate she was with her mother^ not
knowing any thing of the intrigue, bat was
tnado instmnicutal to get leave te ctimedown.
And Ht Irniyth Irjtve was given hiui to dine
theiT, as he ^>'t;nt to Sussex ; hut he comes at
9 o'riock at night, and then excnses were made
by him for it 5 any my k>rd Berkeley desiring
him to stay, who was not acquainted wi^the
unlawful affection that was betweeil his daugh-
ter and him, and aocordiu<<]y he did stay till
Haturday. You hear, gentlemen, what is said
to you now, as to her carrying away, fbr all
that has been hitherto o!»served to you, has
been only to the UAlavvfiil solicitation of this
lady to unlawful love. My lady tells you, that
that very night that my lord Gi-^y went from
her house was her daughter carrifid away.
\ 6n see then, the question will be, whether iny
lord had any hand in carry ingf her away, and
for that you nmst weiw-h thcjjc circumstances.
It is pretty manifriit that this coachman,
that is, Oharnock, did earry h^r away. Now
the chaplain, tells you, that my lord wni carnpst
ill several dhicoiirses that (by with Charuock,
and uader some great trouble, he could diaoena
that in his oountenanoe ; and several tiaMs he
was sent for to him, as thoogh there was some
mighty earnest business imposed upon Char-
nock to do. Clraraock made as though he
went away, it seems with his lord, who went
away about 4 o'clock ; and the lady was carried
away m the moniing between 14 ami 1) which
is the time spoken of. Now to prove that
Cbamock carried her away, yoa iiave these
circumstances : She was brouelit to the heoae
of Hilton, there waa a lady brought in diere
that morning* about 9 o^elock by Chamock ;
Cbamock was the afternoon before going to
Up-Psn^ with hia kyrd, but it is manifest 4iat he
was back that morning at London, and ao
brought the lady thither that nomiag. If you
believe Hilton, the witness, it is manifest she
had been a journey, and was very weary, so
that ahi^was fidn to go to bed at 9 o'clock.
This tady that waa there brought by Chamock
and his wife, was afierwaids carried to Pattea'^s
home, MfB. Hiltot^awean it ; and Mr. Fatten
aweara they did eome in there. There was a
great deal of holler uaed m the case, and car^
taken ; and Mra. nllfeoii tells you why ; thej
taw same men about the door, which the^
were afraid night be men that came to look
after the lady, and ao they slid away througta
the badc-door, which proves somethm^ in that
she was t5 be ^Mneeated. Then consider the
cireumstances of the clothes that do so exact! j
agree. There was a gown with red and greeil
flowers stripied, and there was petticoat striped
with red, and a white onilted petticoat under
that the hdy had on that came to Patten 'a;
and the lady's woman who lay with her and
looked afVer her, describes to you her gowo
and petticoat to be the same as those were thai
the lady had on, who was hurried away from
Patten's house at night to another lodginrj^
Yfe cannot indeed discover where that was»
Now then, afler this, my lord Grey, he und^*
takes to my lady Berkeley, that *be would g9
to Up-Park, and stay there till he had leavo
to come to town. Patten who saw the lady|
swears this js the very lady tibat sits here, and
who has been examined, but denies it If she
was the lady that was brought to Patten's, she
was the same tliat was brought to Hilton's^
whither Chamock brought her ; and so there
is a full evidence of the guilt of Chamock and
his wife, who was the solicitor about the busi-
ness, took lodgings for ^er, helped her away
from Hilton's, and helped her to Patten's, and
from Patten's some where else. So that if yoa
believe tbero, Chamock and bis wife are bo^
ffuilty . As to my lord Grijy, who w^ent to Up-
Park on the Wednesday, soon afler he came tb
town again, and it is positively sworn that he
came to Jones's upon the Tuesday, and sesft
fbr Jones ont to come to him, who was in a
hncknoy-coadi, where he discoursed with him a
pretf^ while, and afterwards the room is pro-
vided for the lady up two pah* of stairs in Jones's
house. She is brought thither, my lord Grey
came twice to the house, and both times without
jai] STATE TBIALS, 34 Charlks II. i6S7^9rdA&ueking Lady H.Berketey. [i$t
Ms petiiwig, «s fhe maid swears she knew him
vefj w^j and there he toek lodfings ^ a
fady, and that lady came after wardS. Now if
this fiiUsout to be my lord Berkeley's daughter
tbeD you hare it pushed home upon iny kurd
Grey. That this was my k>rd Berkeley's
-danghilery yen have diis endenee made op of
drcamslaiiees. EiraC, the mflicy used in the
case by my lord, to have au so pnrstely ma-
ftaeed. Another circtmstanoe there is, though
at first it seems hut sfight, yet if it be wdl eon-
sidered will signify very much, and that is what
the naid does testify. 6be says her linen was
broogiit down to be washed, and ihere was a
«iiift that was veiy remaiicable, for it had the
body of one sort of cloth, and the sleeres of
SBoiher, and that she took special notice of it,
sod theaoe woaM have eenduded that the
lady was not a person of <]«iUty ; and anoflier
of those very shiAs that belonged to my lady
Hanriett was brought to tier aflerwards, and
«he swears it was of thesame fashion and make
with tiMt which the lady had tiiat lodged iu
their iMMne ; and it was, as aH do agree, just
4nilie same manner as this was, with the fclody
of one doth and llie sleeres of another. Then,
there is colonel Fitz-Gerrard was in those Yery
lodgiDes at Hiat time ; and he comes and tells
yon, ^at having heard of my lord Berkeley's
daughter's departure from herfatber, and coa-
odenz^the cireumstances that he had heai'd
the maid say that it waCs my h>rd Prey's mis-
tress that was broughtin thrther, and such other
drcomstaao^s concurring, he did condnde this
Is be ^be ladv, and be tens Jones his suspicions
concerning it (whose wife was by the way so
very officious to conceal the lady, that she
would not snfier her maids to come up stairs,
but would rs^er shut np the shop-nindows
herself, than the maids shonld come to see
her.) Mr. Jimes b«rin^ discourse with the oo-
Isaei aboot this, and iioding the lady was
smoked, was amrry at the c^onePs curiosi^
which increased the ctrfonel's suspicion. He
tali Jones, this must needs be the lady, and 3
wiB see her. Which he very much fearing, in-
Healed him ttot'to disturb the house at that time
of night, and upon pomise tolet him see her the
QcstnwuDgjlie desisted; but told him, he
knew not what be was doing, he did a very ill
tfaiogto conceal a yonng lady from her friends ;
hcrnther and mother not knowing where she
was, nuight give her ^rer for dead. But in the
aomiDgtfae lady was conreyed away. This,
Id me is m idirewd circnmstance that Jones knew
her fo be the iady, and to conceal all the
Mter, got so much titbe to send her away.
1*0 wl^t pnrpose else was she carried away,
when the colonel was to see her, that he might
be ntisfied about his suspicion, and so acquaint
herfttherf But she was conveyed away pre-
smdy. Oendenaen it is mantfest by all the
witiKSies, nnd by ^hat the defendants coun-
sel theoMciTes opened, that umler this ab-
sence^ the lady from her^ber, he had an
imercourse of liters with her, which is a great
ciiBaiDfllaiiee to prove that she was .caiTied i
away by kis contrivance. He couUl tell the lady
Lncyy^hatshe should never be bi*ought back
again, without he might have leave to visit
her. So that, it seems, he had full po^er over
hear. There is another gentleman, who has
told yon he wassetas ai^y over him ; and if
you believe htm, my lord Grey has made a
confession to him as he would to his ghostly fa-
ther ; he has told you the intrigue of all his
unlawful love, from the beginning to the end ;
how long he was engaged in it before he had
any comibrt I'rom the lady, when he had the
finst demonstratioa of kindness from her, and
the ii4iole matter all along. There is another
gentleman that was sent to treat with my lord
(Mr. Smith) concerning this ; he tells you my
Iprd Grey and he being in a long discourse, he
oflered that he would «li ver her to one person^
but not to another ; She should be first sent to
his bcother-^n-law, Jfr. Nevil's in Berk^ire ;
afterwards to another place, Mr. Petit's, so as
he might have access to her ; but he tells you
also, this was the conclusion of all, he would
never part with her, nor never deliver her,
upon any other terms, than that he mis^ht have
access to her whenever he would. Now lay
all this together, and see what it amounts to.
He that had so great a passion for her, he that
could not be without a sight of her, but used
such ways to come to speak to her ; he that
had letters from her all along ; he that liad
such power over her, that he could deliver her,
as he said, or tfDt, and would keep her in spite
of her fiither, unless he might have leave to
visit her as often as he pleased ; and consider
then i say whether it is not more probable, that
he had a hand in carry in^f her away. It is
plain, beyond all contradiction, she wascaiTied
away by his man, who was in his company that
night ; he pretended to go to Up-park, but wa*
in London the next morning by nine o'clock.
Mylonlcame aiVerr/ards to take lodgiugs lor
her, two days one afVer another. Whether then
he be not as guilty as Charnock, or Rny^f the
rest, nay, inmd, the main mover or this ill
thin^, you are to consider upon the evidence
thatlias been given. Biut you must, withal,
take into your consideration, what tny lord
Orey says lor himself. He ariced several ques-
tions of the ladi^ that were examined, but
truly never a one worth the remembering, that
I know of, or that made to his purpose. He
does indeed pretend that the young lady was
hardly used at bosM, end that she ned to him
as to a sanctuary for protection ; and you hear
the several witnesses examined to that point ;
and ibey all say she was used, notwithstanding
the discovery of ^s ill business, with the great-
est kindnesa and respect that a child couhl be
used with by her mother, and no hardship put
upon her but only she was forbid to write any
letters to my lord Grey, and had a maid put
upon her to keep her from running away, be-
cause once berore she attempted it, 4U3 her
mother did believe. The lady berselt is bere»
she has been examined ; she indeed denies this
all along ; she says that this coach-man Char*
163] STATE TRIALS, 34CflAmLSsII. \€s%r^THalcf lAn'dGrejfandoiheri,[%B^
nock diil not cany her away ; she says she was i
not at Hilton's, nor at Patten's, nor ai Jones's ; ■
that she never see my lord Grey till a long time
aAer she went from her fatberV But this is
all disproved by the other witnesses; and so
whether you will believe her single testimony,
or their's, I must leave it to you. You must
iMnslder under what circumstances she is, and
traly she doth not seem to be any way fit to be
betieyed in this matter. Jones and his wife
are as guilty as any of the rest, for their con- I
trivance to keep her secret, especially after that
be had promised Fitzgerrard to letlum see her.
Look you, as to the long discourse my lord
Grey made, I must tell you, it is not to he be-
lieved further than it is proved. Now my lord
Grey did tell us, that he irom time to time had
given caution to my lady, that she should look
to her daughter, and lock her up, for else she
would, as he believed, mn away. My lady
denies it all, and so it goS-all for nothing, and
^ou are to take no notice of it I must U«ye it
to you whether you do believe whi^ these wit-
nesses have sworn, if you do believe the evi-
dence produced for tlie king, most certainly
they are all five guilty of the chaige in the
information.
Just Doiben, There is no evidence against
Rebecca Jones.
X. C. J. No, thete is not.
Sen. Jeferiet, No, we cannot insist upon it
that there b, you must find her not guiky .
Just. Jonet. 1 must remember you of 6ne
^hing, gentlemen, and that is, what dropped
frommv lord Grey's own mouth, that when
my lonf, as he says, g^ve his advice that she |
should be looked ailer carefully, he would not
give his reason for it, but atler he di(i, as he
says, tell it my lady Lucy, that she complained
rto him at St John's, that she led the liie of a
dog, or a slave, and she would not endure it
any longer, imd desired him to assist her, or
she would do herself a mischief. Why was not
this told before f
L, C. J. Ay, hot brother, my lady Berkeley
denies it all too.
[Then the jury began to withdraw.]
Earl pf Berkeley. My lord chief justice, I
j^ire I may haye my daughter delivered to
me agaip.
L, C. J. My lord Berkeley must have his
daughter again. •
IMy Henrietta^ I will not go to my fiUher
Just. Dotben, My k)rd, she being now in
court, and there bemg a Homine replegiando
l^inst my lord Grey, for her, upon wluch he
was committeil, we must now examine her.
Are you under any custody or lestraint,
Jttailaw ?
Lady Henrietta, Nq, my lord, I ao[i not
X. C. /. Then we cannot deny my lord
pprke.ey the custody of his own daughter.
Lady Henrietta, My lord, I am married.
X. C. J. To whom ?
IMj Henrietta, To J|r, Turner.
L.C.J. WhatTumerr Whereisbe?
Lady Henrietta, He is here in court.
£He being among the crowds ^'ay was made
for him to come ip, and he stood by the lady
and the judges.]
X. C. X Let's see him that has manied yon.
Are you mapied to this lady f
w. I^tmer. Yes, I am so, ipy lord.
X. C. J. What are you P
Mr. Turner, i am a gentlenian.
X. C. /. Where do you live ?
Mr. Turner. Sometmies in town, sometioiec
in the country. ,
X. C. X iVhere do you live when you are in
the country ?
Mr. Turner. Sometimes in Somersetshire
Just Dolben, He is, I believe, the son of
sir WiUiam Turner that was the advocate, lie
is a little like him.
Serj. Jefferiei, Ay, we aD know Mr. Tumor
well enough. And to satisfy you this is all a
part of the same design, and one of the foidcat
practices that eyer was used, we shall proye he
was married to another person before, that ia
now alive, and has children by him.
Mr. Turner. Ay, do, sir George, if you cao,
tor there never was any such thmg.
Seg. Jejferiet. Pray, Sir, did not vou liye at
Bromley with a woman as man and wife, and
had divers children, and living so intimately
were you not questioned for it, and you and
she owned yourselves to be man and wife ?
Mr. Turner. My lord, there is no snch
thing ; but this is my wife I do acknowledge.
Att. Gen. We pray, my lord, that he may
have his oath.
Mr. Turner. My lord, here are the wit-
nesses ready to prove it that were by.
Earl of Berkeley. Truly as to that, to
examine this matter by witnesses, I cwiceiye
this Court, tliough it m a great Court, yet baa
not the ci^nizance of marriages : and though
here be a pretence of a marriage, yet I kn6vr
you will not determine it, bow ready soever be
be to make it out by witnesses, but 1 desire
shenuu' be delivered up to me, her father^
and let him take his remedy.
L.C.J. I see no reason but my lord may
take his daughter^
Eail of Berkeley. I desire the Court will
deliver her to me.
Just Dolben. My lord, we cannot dispose of
any other man's wife, and tliey say they are
inarried. We have nothioe to do in it
X. C. X My lord Beikdey, your daughter
is free lor you to take her; as for Mr.Turoer^
if he thiolu he has any right to the lady, let
him take his course. Are you at tiberty and
under uo restraint P
Lady Henrietta. I will go with my husband.
Earl of Berkeley. Uussey, you shall go
with me home.
Lady Henrietta., I will go with my husbaud,
Eariof Berkeley. Hussey, you shall go with
me, I say.
Lady Ucnrietta, I will go with my hi^|)iMkd^
185] STATE TRIALS, 34CaARULSlI. \6H^^§rd(imu:kimgtttdyH.Birkdeg.[l^
JmAj Henrietta. I w31 go with my hOB-
band.
Eaii «f Berkeley, Then all that are my
inends seize her I charae you.
X. C J. Nay, let us have no hreakiug' of the
peace in the Court. But, jmy lord Cayendisb,
the Court doea perceire. 3rou have appre-
hended youraelf to be afironted by that gf entle-
man Mr. Craven's naming jpu in his evi-
dence ; and taking notice ot it, they think fit
to let ymi know, that they expect you should
nof think of righting yourself, as they have
some thoughts you may intend. And there-
fore you must lay aside any such thoughts of
any such satisfacSuon. You would do yoursdf
more wrong by attempting to right yourself in
any such way.
Lord CuvewUsh. My lord, I am satisfied
that your lordship does think it was imperti-
nently spoken by him, and shall not concern
myself any further, but only desire that the
Court would give him some reproof for it.
Then the Court broke up, and passings
through the hall there was a great scuffle
about the lady, and swords drawn on both
sides, but my Im chief justice coming by, or-
dered the tipstaff that attended him (who had
formerly a warrant to search for her and take
her into custody) to take charge of her, and
carry her over to the King's-boich ; and Mr.
Turner asking if he should be committed too,
the chief justice told him, he might go widi
her if he would, which he did, and as it is re-
ported, they hiy together that night in the
Marshal's-house, and she was relei^ out of
prison, by order of the Court, the last day of
the term.
Mr. WUUama. Now the lady is here, I sup-
pose my lord Grey must be disdiarged of his
BBprisoiiineDt.
sen. J^me». No, my lord, we pray he
ma? be continaed in custody.
L. C. J. Hofw can we do that, brother, the
commitmeBt upon the Writ De Homine Reple-
giando ia but &1 the body be pindooed, and
here she is, and says, she is under no re-
strainl.
Sesg. Jefferiei. My lord, if yon please to
lake a littie time'to oonsid^ of it, we hope we
may aatisly yon that he ought still to he in
curtody.
X. C. J. That you can never jlo, brother.
Serj. Je^^rtes. But your lordship sees upon
the pitxiD to day, this is a cause of an extra-
wdinary ibul nature, and what verdict the jury
may give upon it we do not know.
Att, Gen. The truth of it is, we would have
my kivd Grey forth-coming, in case he should
be couricted, to receive the judgment of the
Court.
X. C. J. Yon cannot have ju^^fment this
lens, Mr. Attorney, that is to be sure, for there
are not ibur days left. And my lord Grey is
to be found to lie sure, there never yet, before
this, was any thin&f that reflected upon him,
tboQirh this, indeed is too much and too black
if hebeffuilty.
Joflt.I>o/^. Brother, you do ill to press us
to what cannot be <lone ; we, it may be, went
Xnrther than ordinary in what we did, in com-
mitting him, being a peer, but we did it to get
tbe young lady at liberty ; here she now ap-
peals, and says she is under no restraint ;
what shall we do ? She is properly the plain-
tiifin the Homine Repl^iando, and must de-
clare, if she please, but we cannot detain him in
custody.
X. C. J. My lord shall g^ve security to an-
swer her suit upon the Homine Replegiando.
Mr. Williams, We will do it imme<uately.
X. C J. We did, when it was moved the
other day by my brother Maynard, who toM
OB of ancient precedents, promise to look into
them, and when we did so, we found them to
be as much to the purpose, as if he had cast
his cap into the air, they signified nothing at 1
all to his point But we did then tell hihi
(as we did at fost tdl my lord so) if he did
• produce the lady, we would immediately bail
bim. And she being[ now produced, we are
bound by law to bail nun. Take his bail.
[And accordingly he was bailed at the suit of
the lady Henrietta Berkeley, by Mr. Forrester,
and BIr. Thomas Wharton.]
EarlofBer^%. My lord, I desire I may
bare my daughter M;ain.
X. C. X My kwa, we do not hinder you,
jou may take ber.
On the morning after the trial, being Friday
the 24th of November, the jury that tried the
cause, havinff (as is usual in all cases not
capital tried at the bar, where the Court do
not sit long enough to take the verdict) given
in a private vermct the evening before, at a
judge's chamber, and being now called over,
all appeared, and being askra if they did abide
by the verdict that they ^ve the night before,
they answered, yes ; which was read by the
clerK of the crown to be, that all the defendants
were godty of the matters charged in the in-
formation, except Rebecca Jones, who was not
guilty ; which verdict beinsf recorded, was ^
commended by the Court and the king's coun-
sel, and the iury discharged.
But in the next vacation the matter was
compromised, aod so no judgment was ever
prayed, or entered upon record, but Mr. At-i
totney General was pleased, before the next
Hilary-Term, to enter a Noli Prosequi as tci
all the defendlants.*
♦ 8ee the next Case.
1 87] STATE nUALS, S5 CHAKlss II. l€S3.—TruU of Uiamst PiJkingt^n, [i D^
291. The Trial of Thomas Pilkington,* esq. Samuel Shute,
esq. Sheriffs, HfiNar Cornish,! Alderman, Ford Lord Grey
of Werk, Sir Thomas Player, knt. Chamberlain of London,
Slingsbf B£tu£L,:{; esq. Francois Jj!:nk.8,|| John Deagx.^:,
Richard Freeman, Richard Good£nough,4 Robert Kkv,
John Wic^cham, Samuel Swinock, John jekyll. Senior,
at Nisi Prius at the Guildhall of London, for a Riot, and an
Assault and Battciy on Sir John Moore, then Lord Mayor :
35 Charles IL a.d. 1683.
the traDsactions, howerer limited witibm the
liberties of the city, which was bnt a pii«
vate capacity, yet, consequently, iheyim-
prored to a grand crisis of state, and hinged
aboat the whole ma^ne of king Charles 2*8
government, from * & poStwre of jpreat uncer-
tainty, trouble, ^^d hazard ox the public
pubhc peace, to a complete settlement of
him and hia authority in a shining serenity
and peace. And this tranquillity, to the utter
confosion of the adFei:se party, continued,
with little shew of chanee, till that immense
and dolor ious loss by nis demise, when the
sluice-gates of change opened : But those
affairs are beyond the limits of my luider-
taking to account for. But, as I said before,
little remains above ground to noti^. these
brigues, that had audi monstrous effect, to
posterity ; and, like the items of Gates's
plot, are^ as the acts of the heroes of
antiquity, turned into fable, as it
{lloger North writes thus as to the contests re
specatbg the elections of Sherifis of London
out of which this case arose :
<< I intend now to present a denouement of af-
fairs, a new turn, which happened upon cer-
tain rectifications, brougiit about in the city
^ London in the year 1682 ; and began in
gaining the . election of sir John Moore for
lord mayor, and was followed by the sp-
polntment of sir Dudley North and sir
Feter Rich for sherifis, whereupon Igno-
ramus vanished : Bnt all this was not done
without immense concussions and noise, that
affected not only the city of London, and the
countries thereabouts, but, in great nieasui:e,
all England besides. The author hath given
nothing considerable of this whole matter,
whereby any thing of it may be understood ;
. but only some snatches of nicts, either mis-
taken or false, which serve in the quality of
mishapen vehicles of his base detraction.
I have iiideed wondered oflcn that, among
the many books, of one sort or other, that
have come out, whereof some, as this au-
thor, pretend to be historical, and even of
those very times, yet none have oflered at
a clear ration ef these city doings ; al-
' tiiongh the importanoe of them, to the pub-
lic, was great ; and they were full of strange
turns and «urprises, such as, I think, none,
Imt the Englisn -stage, could present. For
* From a painphlet, entitled, " The Triid
« of Tbo. Pilkington, esj. CbmudSfaule^ esq.
* nheriffs ; Henry Csmish alderman ; Ford
* Lord Grey, ef Werk; mt Tho. flayer, knt.
* ohamberlain of London ; SHtngsby Bethel,
' <8q. ; Francis Jenkc, John Dewe, Richard
< Fi»eemAn,Riohaid€roadenofij^h,llobertKey,
* John Wickham, Sawuel Swinock, and John
« Jekyll, an. fbr the Riot at Guildhall, 4>n
^MidsuiiiiDer-day, 1689. Being the day for
'•election «f shcrifls for the year ensniitf.
« Londan : Printed for Thorans Dring, at the
* Hairaw, at the corner of Chanoery^lane end,
* in Fleet-street; 1683.' "
•« May 11, 1688. I do appoint Tho. Dring
« to print this trial, and that no other
** person presume to print the same.
«* EUM. Saunoers."
See 1 Burnet's (hvn Times, 535. Pilkington
was afterwards Lord Mayor for two yean to-
geOier, 1689, 1690.
were.
or notliing. And therefore I take faints
from the author to revive here what can
be recollected of them by one who, in
those days, attended close at all public
agitations of the time, and of these move^
ments more especially.
" Very much dependea on the character ot
that single citizen, sir John Moore. He
was a person very grave, and of a retired
and virdious course of life; conformable,
— ^'■■'»^— ^— «»■»— ^»— .^»— ^^— — — — ^^~.— — ■ ■ »^-^.«»—
t Sea his Case for High Treason, a. d. 1685 »
post,
t See his Case, vol. 8, p. 747, of this Col-
lection.
II See his Case, a.d. 1676, vol. 6, p. U90p
of this Collection.
$ In N. Luttrell^ M8. ^ Brief Historical
Relation," Sec. in thelibrary of All Soiris' Col-
lege, Qxiford, the tbllowing account is civen of
a remarkaUa exercise upon this Gootmoiufli
of the power of commitmeHt, as it seems, f^r
contempt: '< The 4th September, 16812, the
sessk>ns hegan at Hkdcs^-inril, for the county
of Middlesex, when 4he ^ry fonnd several
bills ; and upon comjdaint against Mr. Good-
enough, the under-sheriff, for ftot providing %
dinner for their worships, the justices com-
mitted him to prison denying bail."
Of this Goodenougb, see more in the report
of the Trial of Cornish, for High Treason, a. d.
1685, in this Collection.
♦
199] STATE TRIALS, 35 Chahlbs II. l6S3.*-«uf othenji^ a Jttat. [190
did not aifect the retarn of juries, w^ich was
their palladium ; therefore they <Ud not
unite as one to ' exclude liini, as tliej- did to
cany the choice for sherifis ; else (as was
seenjn that case) he could nerer have been
chosen. And, if ther had had a magica(
intuition that air Jonn Moore had been ca-*
pable of acting against them as he did, tltej
na(f ibuglit at the choice as high against
him, as ever they did asfainst any other. I
cannot but reflect on rae vanity of craft ia
afTairs of the public, liable to strange un«
foreseen turns, and derived upon tne least
accidents that gire a start to them. For
here the singnkr character of this good
man, which had' not its like perhaps in all
the three kingdoms, coming on by a sort of
contingent, under which the faction was not
alarmed, and the loytdists had but iain.t
hopes, produced an exquisite opposition to
the party, and, in the end, deprived them of
their fortress «yf the sherifTs office, and laid
them open, in London and Middlesex, to the
ereat and small i^iot of the law, for their
daring unguarded misdeeds ; than which no-
thing could have happened more fatal to the
whole ordonnance and strength of thefadion :
The steps and manner of which erent to ex-
n, is the bnsinesB of what foIlowB.
»(h been before observed that the best,
and, gencndly, most substantial of the citi-
sens, whom the author honours with the title
• of the Court Part^, were much concerned at
the disorder tile city was in ; whereof almost
the whole amhority and justice was fkHeo
into the hands of a party, and the very exte-
rior ooontenmee of^ the city was altered for
the worse/ All the feattmg and common
gtiod feilowriiip of the neighbourhood Biid
aside ; and, in ooflfee-houses and comers of
the streets, continoal debates about party
makittt^ and party working, and not seldom
right down scoldmc and ouarrelmg. lliia
eager contention shewed tnere was a good
body of citisens, that hod ffood hearts and
spirits, and who would readily join in any
reasonable methods, as might be found, to
i^estore the ancient order and course of Hying
in the city. And this 'party, among th^
better sort, was observed to encrease in num-
bers, diligence and application, by their rea-
soning with the Kvery mep, modeititing
them, if possible, to comply somewhat with
the government, and not always to make
scandalous elections of sheriffs, as they had
lately done ; minding them of the peace and
vast trade they had had, and stiu enjoyed
under the govemn^ent, and that such into-
lerable oppositions jnust, at length, come to a
rupture and lose all. So the peaceable citi-
zens to those who perpetualfy raved about
with the words « Popery, French, and ar-
* bitrary Power' flammg out at their mouths.
On the other side, the court and tbeif friends
were not idle ; but very many of them came
and kept company with the friendly citizens,
encouraging and countenaBcmg them. Th«
ooDdlaiit St chvroh, of loyal prjndples,
and T«rT jnataad'honest in all his dealings ;
all which his very enemies coirid not deny :
ilnd aWioagh all the factions party would
have made him their property, yet few
intended him, personally, any harm. He
was hynalnre, not only careinl, but also
▼eiy learfiil of consequences ; but, being
once satisfied of the justice in what con-
cerned him to do, he wanted no resolution
or eovrage to perform it. f n the mean time,
hv bein^ suspicious, dubious, caiiteious, and
not soon determined, but hesitatory on unusual
• oceiirrencea iu his office, madt^nim pass for
a person timidous, and oSl a fidtle and iire-
aolute temper ; otherwise he had not been
mayor at that time, as will be shewed.
He was forward in nothing, and, being sen-
sible of his soft unsteady elocution, inclined
to silence: but his behavioar was always
modest and respectful to all, and, by his
wonfe or carnage, offemling none, but to his
hetiers extreme submiss. His oithnary dis-
course, as well as bis countenance, was fahit,
and tended to dejection, so as one would
think he always desponded ; and that made
folks apt to guess he bad no firmness or re-
adiition at the bottom, or at least not snch as
waAi sustain him upright under difficulties.
Ml which made it wonderful that, in so
IHrooblesome a mayoralty, as he had, and,
-aAerwards, imder a more troublesome inqui-
«tioa that fell upon him, of which in due
thne, he should cairy himself with snch finn-
aeas and iwtseverance, in all the substantial
poinis of his difficulties, as he did. Whereby
at wn plain tiiat he carried inhismindade-
tenninatxoD, that neither public nor private
shonld snffin- through hnn, whatever men
might tiiink to extort from him, or whatever
ahottld happen to himself. Which diaraeter
wt» cut out for this time and public occa-
sion ; for nothing but such firmness of
mind and manifest goodness, with a seeming
nassrre disposition, could have protected him
iW>m those rages of violence as very often
threatened him : Which, probaUy, bad
broke loose npon any one, in his post, that
had carried matters with a stem and inina-
toTj behaviour.
♦* The loyal citizens, knowing this person to lje
ajostman, and one wKo would not combine
with faction, and having a view ^ some use
to be made of such a one finr setting the af-
feirs of the city right, applied themselves so
efiectnally that they carried the election of
lord mayor for him. This was some sur-
prtte to the factious party, though they did
not tbhik his election of'^any mighty con-
K^pxence ta them ; and, his course being
next, mnnv thought it not reasonable, nor
Creditafole in the city, to pnt him by ; and
they looked upon him as one who, by terrors
fin which the fhction traded much in tbo%
oays) if be had been, as they thought he
was not, very avei-se to them, might be
irroDgfat into any measures. And his office
3
191] STATE TRIALS, 35CHABL£sn. 1663.— Trio/ q
good 'effects of this interooune juid oooTer-
MtioD appoared first in settlings the point of
air John Moore^ and, after that, in briDging
Ibrward, by his means, what the citizens
had lonjBf thought of ta set up, the custom of
appointing one sheriff by a ceremony called
* my Lord Mayor's drinking ;' leavmg the
other sheriff, as the custom was, to the com-
mon hall. For if one g^ood sheriff were
gained, they did not fear what hurt the other
alone could do ; for both sheriffs made but one
officer.
** This custom, of my lord-mayor's designing
one of the sheriffs oy drinking, is very sin-
gular, and seems to be a jocular, rather than,
as it was, a solemn proceeding. And, ac-
cording to the ancietat constitution of the city,
it was a most reconciling expedient ; without
which, or somewhat else of like efficacy,
the government of it anciently could not haye
* been carried on. And, unless I give some
dear declaration of the nature and use of this
custom, the justice of the controversy, that
fell oat about it, cannot be weU understoiM].
The manner is thus : At tlie Bridgehouse
feast, which is some time before the 24 June,
the day of the election at Guildhall, the
lord -mayor takes his time, and, out of a
large nit cup, drinks to some person he
names by the title of Sheriff of London and
Middlesex for the year ensuing. If the
nerson be present, the cup is immediately
Dome to him, and he pledges my lord mayor :
If he be not present, then the cun is con-
veyed in the great coach, with the sword
bearer and officers, openly, and in state, to
the house of tlie person drank to, and the of-
ficer, declaring the matter, preients the cup
to him; and fhen he is called my Lord-
Mayor's Sheriff, and, not long after, he is
summoned to the court of the lord-mayor
and aldermen, and there, if he holds, he en-
ters into bond to take upon him the office at
the time ; and if he fines off, then, in a like
method, the cup is sent to another, till the
pmon is pitched upon that will hold : And
this way ot drinking and fining off b of great
use to the city, for it brings money into the
chamber ; and it is called going a Birding
for Sheriffs. At Midsummer-day, when
the common-hall meets for the election of
sheriffs, and the lord-mayor and court of al-
dermen are come upon the Suggestum^ caUed
tlie Hustitt^, the common seijeant, by the
common cncr, puts to the hall the question
for confirming the lord mayor's dieriff.
which used to pass affirmatively of course.
After that, the lord-mayor and aldermen
rise and go up into the room they call the
Court of Aldermen, leaving the floor or body
of the livery men below to choose another
sheriff by themselves, witliout their interpo-
sing or being concerned in the choice : And,
if any difference happens, so that a poll is
taken, the old shen£s preside and see it w-
derly done. And after the ])er9on chosen is
Axed, then the lord -mayor and aldermen
POkkigUm [igt
come down asain to' their places, and th«re,
in ftill assembly of the common hall, the
election, as to f>ot|i persons, is confirmed tamd
dechffed. For as the lord-mayor's sheEiiT
was confirmed by the hall, so the other per*
son, chosen by tne hall, is confirmed by the
lord-mayor and aldermen ; and either aide
doth nut interfere with the other. This bsul
been the custom of immemorial usage in the
city, and at length settled by act of common
council ; and so went on to about Forty One,
when tfir like ends as now, it began to be
practised upon in favour of the livery, which
the fiiction began to set up in opposition to
the lord- mayor's ; and so, fi>r two years be*
fore the mayoral^ of sir John Moore, the
election of Doth sheriffs were, by factiomt
lord-mayors, thrown into the common halh
Otherwise nothins^ of common law, con-
firmed by statutelaw, could be of more re-
gular and constant right, exercised by the
lord-mayors of London, than this was ; an
the various prints in the controversy, pub-
lished about mat time, do largely argue and
demonstrate.
" But this custom seeming so bizzarr, and the
faction raisin? such a clamour against air
John Moore ror setting up his rig^t by it, as
if he usurped upon the ns^hts of the city, to
whom it belonged, said tney, in a cornorate
assembly to choose their sherifls, I shall ffive
the plain and true rationale of it. It is first
to be considered that the lord-mayor, |d-
dermen, and the livery men, assembled in
the common hall, are, for the purnose of
choosing officers, the representative body of
the city ; whereof the lord-mayor is the head,
being, an integral part of that politio body,
and hath a negative voice upon all their furo-
ceedmgs, so as, witliout him, no corporate
act whatever can, at any time, be made or
done so as to bind the city. In old times the
mayor was the Custos of the city, and, since
the incorporation, continues the like charae,
and, as head of the corporation, Is answernnle
for the good g(»vemment of the city. The
sherifls of Ltttdon and Middlesex are the
king's officers, as in other counties, to c9ol-
lect the revenue, and to account in tne £x«
chequer ; and it was only the choice or no-
mination of them, and no more, that is
vested in, or belongs to, the city ; but the of-
fice itself b as at the common law, and no
part of the city or its incorporation, as other
officers, viz. town-clerk, sword-bwcr. Sec*
are. And, as in other counties, the sherifls
are Custodes Pacis, and have, lor that end,
the Posse, so here they are to attend the
S»vemment of the city, and assist in keeping
e peace ; and it is after the same manner
as when Justices of Oyer and Terminer come
into a county or city, the sherifls are bound
to give attendance, and to execute their
mandates. Besides, the nomination being in
the city, if the revenue be not answerea in
the Exchequer, the dtjc must pay it over
sgain. These considerations made the lord-
ml STATE TRIALS^ 35 Ch arlbs II. 1 Sss^mid oikergy for a Rki. [ 1 94
BwyoTB be very sofidtous to have able she-
nm choam; 'and that created difiereoccs
betireeD him and the aldennen on the one
tide» and the floor or livery men on the other.
Andf if persona w6re named to be sheriffs
that the lord-mayors did not think fit to
InBty they would' disagree, and then there
was no cnoioe at all ; which endangered the
seianre of their franchises, and brought other
inoooTeniences to the city . And, thereupon,
the matter fell naturally into a compromise
between the lord-mayor and the floor, as,
lor example, thus : ' If the Lord- May or,'
fstd the citizens, * will allow us of the floor
' to chooBe one, and let him stand, then we
' will confirm^ (it could not be called choose)
' any other person the lord-mayor shall no-
* mmate' : And so there could be no claah-
11% ; but, of the two sberifls, the lord- mayor
was to nominate one, and the floor to choose
aoother, • and tlie whole body . to confirm
both. And, to the end that the person, ap-
pojnlfed by the lord -mayor, might be puD-
liely declared and known, the way was
fioinid out and brought into xtse, of his lord-
sUps drinking in pimlic manner, as hath been
abewsed. And there is the account how, and
lor what intent, the custom was introduaed;
which aoswers the clamour of usurpation
upon the city. Fbr the lord-mayof was not
more bound to agree with the floor than they
with him; aiMt the composition of eacn
faanng a nomination of one officer, without
the contradiction of each other, reconciled
att.
V Bat now, as to the fiict at this time, it was
from the citbiens that the court was first ad-
mouished of this expedient for regulating
the 8faeriff*ii office by a reTival of this ancient
custom of my lord-mayor's .drinking. But,
after it had been communicated to Uie king,
and wen considered by those about him, it
was wall approred of; and a resolution was
taken to put it in execution, and, if possible,
*la carry it through. And the king was so
sensible of his siuety and interest in the con-
ief{aence, that he resolred by himself to
prore my lord-mayor, and, if he complied,
to take care the Itfws should defend him in
It, as all agreed they would do : And, for
edier disorders, if any happened, thai he
Woald not be unprovided to assist the ^-
remtnent, and to keep peace in tlie city.
The lord-mayor had been before pressed, by
dbrers of the citizens, to do it of himself ;
hot he waa scrupulous and doubtful, and
wonld determine nothing. At length he
was sent for by the king, and, in his majes •
^a presence, dirers of the councU, and the
attam^-general, explained his power to
. Uai, tnat be might nominate one sheriff, as
' ibecnstom of the city was, though some of
his immediate predecessors thought fit to
ware it. And the king himself encouraged
Um, with ezpresaionft, not only of protec-
tion, but eommaad ; and, at last, after much
hfsiiatiftn, hedalecniiiMd roundly to oonfarm,
YOL. IJ(.
* 4 *
and, all at once, promised the king to send
his cop to any citizen hib majesty shotdd
nominate to him. He was slow, but sure ;
and what with his judgment tliat the city
was in such a state that a regulation was be-
come necessary, and what with the king^s
promise to stand by him, together with Sia
concurrent adrice of his^court of aldermen,
who were his regular council, he contracteu
a firmness of mind to pursue his point, and
he made it good ; but with many an hard
rub and difficulty emerging, that fiactioo
stirred up against hini ; as may be readily
imagined by those who know tie humour of
abu^ popularity.
'* This dimcidty over, another sprang, as h^rJ
to accommodate ; and that was to find some
wealthy and reputable citizen, who, being
drunk to, would not fine off, but hold under
that method of appointment. The taking
one of a low' sense, and to support him,
would look triekish, and, at that time, the
court would use no means but what were
legal, justifiaUe and reputable. DiTers citi-
zens were spdce to upon this account, with
assurance lAat nothing extraordioar}'. would
be required, but the year would pass in the
usual fimns and feasting ; and all business
of ^he law would fall of course into the hands
vof the under officers, as formerly had been
the usage. Many were not only willing,
but desirous to have stood, if it might hare
been, as they alledged, with safety. But
thev were told that my lord-mayor had no
rigut to make a sheriff, but the common
hall only ; and whoever should stand upou
his title, would be involved in law-suits, and,
moreover, be complained of in parliament,
and what would come of that they could o6t
tell ; and not caring to stand in hazard of so
much trouble they desired to be eitcused.
The occasion of this scrupulosity w:is the
behaviour of the faction, who, in pursuit of
their designs, never breathe any thing mode-
rate. For as soon as they found my lord-
mayor, would exert his power by dnnking,
and all their applications, to divert him,
failed, although urged with all the forms,,
and in all the shapes, of menace as weH as
flattery, whcrefey they were prodigiously
surprised ; then they wound up their whole
party and interest in and about the city, and
charged them with the most horrible and
bugwar dennnciations they could invest arid
put in words, to deter all citizens from hold-
ing on that foot. And acooriUngly, they
went beilovning about into all companies, aira
places of promiscuous resort; ' Persons, Es-
tates, all must go to Perdition ;' hanging waa
the mildest woitl came out of their mouths ;
law, parliament, knocking of brains out, hell
and damnation (if they might presume so
far) were to be the cei-tain fate of any ona
who should due to stood Against the city^
as they called it; but, diciumfaetumy ruin,
in a word, wiasto follow : Andl, to do them
T^t, they honeatly meafit as they said,
O
l»6] STA1«TIUALS,35CttiAli»lH. l683v-^Triii/er3«Mi«*PtfMf«^ \}9S
" While th«se intimidatioDS run btgh, the
court at a loss for a good uian, Uie citizeos
busy as Ifcesy some persuading others, but
none iociined to stand, cFer^r one wantiug
courage to bear the brunt ; sir George Jet-
feries the I'ecorder, or, through him, some of
the citizens, insinuated that the lord-kee|>er's
brother, a Turkey mercha;.t, lately arriv^
Aom Constanttnoule, i^nd settled in London,
rich, and a single person, was every way
qualified to be sheriff at tliis time, in case he
could be ure^aiied with to stan((t as they
hoped miglit be done by the lord-keeper's
means, if he .would endeavour to persuade
hiih. This extremely took with tne king,
and soon set him at ease ; for he found no
formalizing scruples on the lord- keeper's
part ; and, as for the citizen, he lyas made
to understand that there was no hazard at
all. For when the government of a citv
calls a man upon an office, who by bis oath
of freedom is hound to obey, and he takes it
upon him and peribrm^ it honestly, what
has he to be afraid of? And if men should
regard the brutish noi^e^ind threats of vio-
lent people against law and common sense,
&e busiivess of the world, must be at a ftand.
Ax^d he was made also to underst^d what
ai^ advantage such an oppo^nity waa to
oUifipe a king who bad power to gratify by
employments any fill persons, sach as he
was, to much greater profit in consequence
than sll his efttraordinary charges. And it
was not a small matter to gain so much ho-
nour and repute with the best of the city, as
well as court and country, as the standing
« stoutly in this gap vould nrocove him.
These reasons got the better or the ipudmish
objections, as he most needs make. Nor
were these brothers miataken in their o^ksy-
' lates ; fqr the ^ve^t made good aU their
vroffnostics ; fi>r no Wjgle person in £ng-
sand had more esteem with the ki«Hr» as long
as his roiyesty lived, than Mv. Du&y North
had. And» to say the truth, the king's
whole design and prqject was perfectly dos •
ed by this oisdnguismng pieue of sieivice of
Mr.Nirth. For he desired chieAyaiiaO'
thority ami reputation in the person who was
to make good this necessary passj which,
by the whole faction, was most mdustriously
and malicioualy represented, i^s an arbitrary
project, and of desperate danger to wbora-
aoever should stand in it And who could
pretend that, when a person of tliat quality
and value, and so well advised, stoocl ?
every one must conclude that he was fully
satisfied of the law by which he was safe.
And, as for himself, he was of a peculiar
temper for such a business; for being used to
adtentiures, and having run much greater
hazards, and dealt with people as violent as
any hor^ could be, if he was once satisfied
of ri^bt mad reason in any business, he qsed
to shght evenr thing else, ^nd say that good
luck attended being in the right
^' This Mr. N<»rth> (alterwards air Dudley) was
bred a Turkey merchant, and had traded at
Smyrna, but passed most of his time in Con-
stantinopie, where he fell into muaintaoie^
and vast dealio£» with beys, and bashaws,
and other great omcers of the Porte ; and had
run very great hazards with them, but had
the good fortune to reap the profit hf ex-
pected by it. He was very quick of thought,
and no less sagacious in plumbing the tmth
o( thin^, and probability of events ; which
made divers, that did not reach his lengths,
wonder at his bold strokes. He made justico
the rule of his actions, and on that bottooi
built his assurances ; and therein he seemed
intrepid, and to defy all opposition. He
never used tricks or subterfiiges, and haled
them in others, and had a peculutr antipathy
to a false knave ; for he seldom fell into a
passion but when such crossed him, and then
he had no j^tience, but let fly without tern--
per or consideration ; which too plain deid->
ing created him enemies, and some great
hazards. He was a frank and j(dly mer-
chant, familiar, easy and jocose, obliging to
all, without any stiffness or pride ; fneaiUj
to all that needed, and never made advantag*
of the weakness or want of ezpcrieboe <^
young men, but, on the contrary, assisted
them. He had a goodly person, and mind
capable of sittingat thehelmof any maoa-
gery; intelligent and facetious; and what
they call a Bon CompM^non, so much thai
a stranger would mistake him, as if he wo^
fl;ood for nothing else. In a word, he was
loved and caressed by all that knew, and did
not envy hi^n. He Iwd not been. lon|^ i»
England when tiiis trial came upon him ;
but, in that time, pursued trade ; for which
end, he settled himself in the city ; apd
coming to be concerned in the A&ican oom^
pany, was chose of their oommitteei and
there soon gave a demonstratUMn how fit h«
was to be a pilot in trade of any magnitude.
The actions and fortunes of bis life wer^ so
considerable, that, joined with the character
of his genius, would make an history (if one
well instructed had the penninpf of it) as use-
ful and entertaining as the lite of any pri-
vate person whatever -aight be, and, lo-%
wards it, I have thrown in this mite, which,
to all other purposes, I own to be super-
fluous.
** But, to resume tlie intended relaiioa: mat-
ters being thus &r concerted, my lord noaror
sent his cup in full parade and form to Mr.
North. This was no sooner known, but all
the utillery of the fac^on was pomted'*at
him, in order to terrify him, and Budce him
^e off. Most of the factious men in the
city, that had acquaintance with him, espe-
cially his brethren of the Turkey Comp^y^
who were too much that way, took their op-
portunities, more or less, to expostulate ii^
discourse with him, saying why wpuld he b«
undone? * For if you,^ said they, * taketlus
' office upon you. upon this (at heat) dufaieaa
' title, you will know no wd of law-sHiUs
l«J STATE T1IIAL9, S5 Chablbs II. l68dw-Miiil Mtti,/ht M Koi. [IJW
' aod be crmiiedl by Uie pariouueat to boM ;
' ^Bd wbal nfety ou you proiMMe to yoar-
* Mtf?* Hk awwer oMd to be, « I am a
* citben swoni) aad if the fovwrnment of tbis
< dty calls me upon an office, I will obey,
« ant never break my head about titleSw' 69
pGed with penny post letters, and so
his nearest fneiids and relttioQf. Tbey
all out of pure fiiendsbip add respect,
wishine' those peraons wouki interpose to
rescue tiim from ineritable rain. Tkeywvn
so maliciooB to find out sir Robert Caim at
Bristol, firtber of the lady Ounniof , whom
he than oonrted, and wrote to bum to let
him know that bis daughter was goin^ to
throw hcnelf away upon a map of a despe-
rate ^Mtune, and tbat would certain^ be
hanf|«d ; and he resented it, but the lady
knew b^ter ; so by firtue of his good stars,
that blow miaseil its effect. And what was
mat extraordinary, Was thit, dnring all the
time of the brigoes in the city cAiceming
him, and both town and country ranr of his
name, which was also bandied idMut in mul-
titudes of pamphlets ; he went tbout his
business, and diverted himself just as he
used to do, and minded the stirs no more
than if they had not ooneemed him. He
was, by common talk and pamphlets, made
so reniBrfcabie, that, whererer he went, peo-
ple started out of the way, lookinff at bun,
and crying ' That's he.' AH which did not
keep ban within doors, or from his ordinaiy
walks. Which seeming apathy brought hhn
letters and intelligences, that ae was stuiwd,
a dull beast, and his name should be Bfind
Bayard.
^ Once a trap was bud for him by way of
abam-nhit An eminent busy party-man,
with whom he had concerns depending, came
to him with a proposition mm the whale
adrerse party, whieh was, that, if he would
wave my wtd mayor's appointment, and
take the dection from the common hall, he
should be chosen by them, and all tbeeharre
of his abnersHv should also be defrayed by
that pm^> wno would raise the money
amoB^ them to do it This he rejected
with mdignatwn and scorn ; and, being- one
very modi indined to conmmiicate truUis,
'wnes ot telling this passaae in sil
I, so far as to declare the rail im-
port of the proposition made him, hot not by
whom : ana so, taking, wind, it flew about
the caty, and proved very prondicial to the
of the faction at that time. F6r
whieh cause they were wonderfuUy angry ;
1f^ ooee, at a public feast in the dty, an
" ^mmrnf leader, by agreement of the party,
hm I si^pooe) pnbodv chamd him to name
■is author, ad^pf tnat, it he did not, the
whole alory woiud be accounted no better
Iban his ofsnt invention. He, being thus
attMhsd, fredy aad readily affinned the
pMnigc to^be true ; and, as mr naming the
serson that nsade the offer, for reasons re-
miBg ta the pencD himseli;, be waa Bot for-
ce
ward to do; but, if thsr hmtedoo it, ha
would faistatttly declare^ before all that com-
pany, wlio h was. Tbis pot a stop to the
discourse^ and no woni more was said of it ;
for tbey knew he was not used to be worse
than his word ; which, perhaps, of a bad
busimm, might make it worse. 1 knew
then tbat it was one Fairclotb, a formal
Presbyterian usurer, and a great intriguer.
His son waa then mercantile ser^'ant to Mr.
North, and was afWwards settled by him
inbisfactorvhouseatConstantinopie. Tbat
person bad an easy access to him, and
brought the proposition, which was a mere
snare ; for, if he bad inclined to accept it,
the report had 6own abont tbat he was sdl-
ittg himsdf to the other side for money ; and
that was aU the party intended by the expe-
riment. But all dreumstanoes conspired to
shew the implacable raire tliat possessed the
faction at the noniinatiob of him who, of thf
whole freedom, was the only person quali-
fied to resist tbem. His character and cir-
cumstances were as if they had been east in
a mould for that purpoae : so exactly were
they formed for an on'posilion and counter-
work to the whole game of the faction: and
ao mudi fiercer were t^ej in all their me-
thods of proceeding. And aooordin^y , diey
provided a mighty muster of their nvery
par^, against the 34th of June next, at
Guifdbill : the other side provided also th#
greatest strength of vdees mey could make.
The candidates of the latter were North and
one Box, the former for confirmation, and
the other for efec^n: aad ^ party had
Papilion and Dnboia, both to be chosen in
opposition to the lord mayor's pretension,
which thfi^ were determmed to fly in tha
face of and reject Thus stood the prepa-
ratives against the day of decfion.
Now the manner or prooeeding in these
eat6esj at die common baH, is very patrtiedar,
and, aa was touched, conssnaat to the ddm
of my lord majror. For be, nith bis alder-
men, is present only at the opening of the
court, and question of confirmation, and then
they retire ; which is to the end that the
common hdl might be free in choosing one
of tbemsdves, whieh fVeedonoi the presence
of the mayor might impeooh* Now in case
the floor wiH not oanfirm the mayor's she-
riff, he is not bound'to continue them any
longer, but may dissdve or adjourn them,
or not lufree to any thing they do. That,
whidi the faction insisted on, carried a fiil-
lacy throughout ; for, sdd the^, the autho-
rity, given by the choice, is from the dty,
and the act of the lord mayor is not the act
ef the city ; and so they harped upon the
word Choose I wbich, sud they, did not be-
long to the lord mayor bat to the dtjr. All
tfiat was gtunted, and also that ths new
sheriffs had no authority till the whole city
in common haH agreed to them. And, how-
ever tlie lord mayor nominates, it is^ prs-
tended to bvashdos, or ky virtuaof a^ar
J991 STATE TRIALS* 3^ Charlbs II. lfi8d.— TitcZ o/'TXmim Pilkingtmi [20O
invested, ' as granted hy him, nor that it
stands for any thin«jr if the common hall doth
not confirm. But then the lord mayor is
not bound to coacur in any choice they shall
make, till they noioinate to him persons that
he shall think lit to trust ; and he is no more
boitnd ta a<^ree vfith them than they with
him : and so t^ntered the custom by way of
composition or expedient (as I said betore)
which if they ^y from on their parts, he be-
takes to his nepEitive voice on his part. But
yet the abuse of the words Choice ! Nomi-
nation r Right! and Authority! all which
being applied to the ci^ exclusive of the
lord mayor, sunk so' with the citizens, that
few of them could brin^ their heads to. a
true state or distinction of the matter. For
they look61 upon the common hall as an
assembly of commons with a speaker, as if
be had only a presidentship ; whereas it is
r^hcr like a narliamenit with a sovereign,
and, instead ot a casting voice, as they call
i^ there was a negative voice, .which alters
tlie matter strangely. So very difficult was
it to get the citicens to comprehend the
reason and distinction upon which the lord
mavbr's right depended ; and it went farther
witn them that the custom had been soj and
an act of common council had declared it,
than that there was any consonance or rea-
son at all for it
« At the day of eleetion, June S4, 1682, the
}iartv, after the way of their predecessors of
old Home, had possessed the Forum, that is
the floor of GuiMhall, so that the other side
<iOuld not croud in ; for the livery had been
so mack enoreused that the hall would" scarce
. hold half of them; This bred' a sort of con-
fusion at first, with the elbowing and tluiist-
ing to get room, and not without a deal of
snarling an4 scolding amongst them. Those
pmons, thi^t could get upon th^ hustings,
as I difl, and from tiieac? viewed the 'floor
below, had a prospect as if tire hall had been
|Hivcd with m»8, and full of eyes sparkling,
not unpleasant to observe, n hen the lord
mayor and aldermen were come, the com-
mon ofiicei's put the <}uestion erf confirma-
tion ; and'theo,inainoe, those, that were
tor it, hel^ np thVir hands (fi>rtbatis the
signal of assent) with arms and fingers dis-
tended, all in a continual motion together,
V which made an odd spectacle : but the dis>-
senters, who were much the greater num-
. ber, iu'stead of holding up hands, screwed
their faces into numbness variety of No*s !
in such a sour way, and with so much noise,
that any one wonM have thought all of them
iiad, in the same instant of ti^ie, been pos-
aasted with some malign spirit that convulsed
fheir viitages iu that manner. Tliis was
token for » refusal, as it was ; so the lord
Mayor ^nd his eonrt retired to'oonsider what
was to be done ? and, as he passed^ with the
•worri. before him, throngh the croud, we
eonkfr observe the items of iftn-y given by fists
and &ost at Iu2n» as folks' aw apt to do when
i4
U
they threaten. This promenade was done
more than once, to see if the hall would
come to their wits, and agree to donfinn ;
but the partv were no changeling*, every
trial came off rather worse than h^ter. At
len^h the lord mayor acjiouroad the belly
and no more was done that day. And be-
cause'great part of the dispate tdl npon that
adjournment of my lord mayor's, and there
was notable stir alnrat it, I shall add fome-
what relating to it.
When the hall was at a full atop, for refus-
ing to confirm, and the court of aklennen
was sitting, the citizens were adnfiitted to
come in, and at the bar, to ofibr what ihfy
thought fit to the ooort^ each paiigr for lus
side; and notable wrangling there was. My
lord mayor was advised to adjourn the beUy
the faction opposed, saying, ' he bed not
*■ power to break up the assembly till the
* election was finished.* In those days, no-
thing <^uki be so much contrary to law and
ooramon sense, wliiclt they wpmd not affirm
to serve their turn ; of which 1 may hare
touched some instaneas, but this was en
^regions one. All the aldermen bnt Are
^lor no more were fiictions) advised to 4d-
journ;^and so the matter rested in dispitte
amongst them a good while. At length, one
of the dissenters moved the lord mayor, Uiat
they might bring counsel to argue, who
would satisfy hisTordship he had not power
to adjourn: The other side agreed, so as
th^^y might send for counsel to argue on their
side, who would densonstrate the contrary.
It was upon this first day that oomisel were
brougiit, but the author makes an hearing of
counsel to have been upon another day ; and,
not having access to original entries, 1 tie not
dispute ; but, as to the matter I here rdale,
I am very sure, and, for times, refer to the
proper registero. It may be that counsel
was heard afterwards at my lord mayor's
house privately, when I was not in the way ;
for the question continued; so as, for more
hearin^n than one, I contend not. In the
interim, before dio counsel came, the eourt
was diverted by the partisians on both sides,
with numerous compkiinta of each other's
outrages and irregularitieB, which were exacr .
gerated with mat violence of talk; Aid,
all that while^Uie poor lord mayor sates one
almost insensible ; so full was be of doubts
and fears. But it appeared, by his actions af-
terwards, that he was firmly resolved in liis
mind to assert his right, so long as theeoort
of aldermen stood by him with their advice,
and the court at Whitehall sustained hla
against imuries that might be done him.
This was Midsummer work indeed, extreme
hot and dusty, and the partisans strangely
disordered every way with cn»oding, bawl-
ing, sweatbg, and dust; all full of aiujer,
seeal, and filth in their faces ; they ran sooQt
up and down 8taira,.so that any one, not better
informed, woukl have thought the place
rather an huge Bedlam, than a AMvting ler
M] STATE TRIALS, i5 Charles II. l68d.— amf oikera^fir « AM. [203
ml biinanB* Aii4yet, imd«r •neb an awk-
mrt ftee of affairras this was, the ftite of the
&i|(tiA goTanancDt ani monarcby depended
(hi too modi ontlMensit orsodemt an
asMiriiiy. And indeadh was accordingly ao-
dendDocf; fbrit isdiol small maitoffr thai will
raise aQoh foriona faarncane doings as here
. And the oonit was aware ; for care
liken thtt divers considerabie persons,
«}f the ^uncil, should be near at hand
to otoerre the proceedings, suppoM the spti-its
of ike-kint nnyor, and enCoarage the loyal
dliSBna^ and that they n^ght have recourse
sad direetionB as oocasbns emerged ; bat
this was known to Tery few. And, on the
other side, feotions lords and others attended
that bad nothing to do there. It may be
wondererfthat such a contest as tikis, con-
sidering abo what was at the bottom, did not
nm on to blood ; but, as at the tumults, so
here, the temper of the English appeared,
which I may call a native humanity, thouj^h
the foreig;ner8 term it dobiess and phlegm.
They bave an aversion to civil homtade, but,
in war,are as free with lives as'the beet bf
(hem ; and yet, even there, the same humor
a|ipeaffs, for no command will make the
fingliBh refuse quarter, or kill in cold blood.
But then as for foction, crowd, tumuH, and
brawl, let them alone ; il.is a sort of sport,
or lost of change that niad^es them deligotto
•see hfigh things fall, and their government in
distress. In which matters I may commend
tbeir temper, but not their wisdom.
** But digressions anart, and to return to the .
trial of this proroond question of the lord
mayr>r*s power to ac^um ; First Mr Pdl-
kKfen, argued contra ; and he built only on
•parallel he made between the common hall
or the city and the ordinary county courts,
held by the sheriffs of counUes ; and so the
common hall must be the city county x court,
end the lord mayor be as the sheriff, only to
preside hut not to judge, because, in aH those
oomts, the soitin? are judges, and here the
Kvery men are the suitors, and, without their
eoBseot, the lord mayor can no more ad-
joom the court, than thesheriiTof a county ;
but it must be done by the livery ; and all
this he confirmed by the place where the Hus-
tings, which is the court of pleas for lands in
^ city, IS kept On the other side sir Ro-
bert SAwver, the attoniey general, came to
snswar all this obvious nonsense. First he
shewed^the place sigmfied nothii^ to the Ju^
riadklimi ; for bnrgeases to the paiiiaraent
for Westminster are often chosen in the
Kmg's-befich court, but it is not the juris-
dictiOB of the King's-bench that chooses :
Then, thai this assembly, called the co^
men ball, is so Ikrirdkn being like a county
conit^tlmtitisnocourtatall,nor hath any
namerof jufisdietion; that it was no other
Wt« privnte meeting of the corporation of
the aty for pure corporation - work, the
cfaooaing officers. And the lord mayor being
bead of the eerporation, wiftw>ut whom no
4
«
asM»nUy of the c6rponte body eoald snbijjit,
or corporate act be done, he was also head
of this assembly, to call, adjourn or dissolve
it, as he thought fit. And concluded ^at
all the other side had alledged, of county
sherifis, tuitois, judges, Ace. was all romance
and invention* and in no respect apphcable
to this assembly. All this while, the par*
tisans were ragmg about the hall and rooms ;
and divers (out of friendship as was pre-
tended) gave hints that my lord mayor would
not be safo> if he went down to adjourn them }
and that was to tright him from taking a re*
solution so to do ; and they scarce l^ieved
he would dare to do it. At length, it becom*
ing necessary to termkiate the matter one
way or other, the lord mayor, on a sudden,
and unexpectedly, rose up and bid the officer
take up his sword and go dOwn, saying, aa
he went oflT, IT I die I die. And, passing the
crowd, took his seat upon the Hosting8» and
commanded the common seijeant to adjourn
the hall to a time, which was done, but
scarce heard for the hideous noise that was
made. Alter this, Uie lord mayor and the
rest, that so thought fit, went their several
ways in peace ; and there ended this trou-
blesome scene of a Midsummer's day's ex-
pectation
It was very strange to observe the impu-
dence of these men of the faction in Lon-
don, who still persisted iji the senseksei pre-
tence that the lord mayor couhl not adjoom
the common hall, though, to every one's ca-
pacity, it was solemnly, not only confuted
but shamed : and they would not quit a
scruple to ease my lord mayor, but, to their
folsie pretences, added menaces. For, as he
passed to the adjournment, there was a ter-
rible mge of faces made at him, as if an en-
diablement had possessed them all. Whoi
Iche mayor and officers were gone, the twa
precious sherifis, PiOdn^n and Sliute, with
some' livery men of theur party, thought fit
not to obey the lord mayor's 'afj^oumment,
but, by themselves and all their ovm aotlMh*
rity, held on the corporatkm assembly, or
the common hall, as tney then called it, and
there they proceeded to continue the electloii
by setting up a poU; and afterwards they
finally declared the choice to have fallen
upon Papihon and Dubois, as will be shewed.
Here ap|)eared an headstrong disposition,
but not a grain of judgment, in those who
governed the sheriffo. They little under-
stood the nature of the shenfFs office, who
took the Vioecomites to have any autlioii^
at all in the corporation affairs, or to be
officers at all of the corporation. It is true
the corporation have a nght, by charter, to
nominate them ; but, being nominated, ^ey
are the king's officers, a^ was said, to at-
tend on the authority of the dty, and keep
peace, as all sherifis are attendant upon all
authorities in iurisdiction derived from tiie
crown. A body politic presents to a living ;
the incumbent is not, by that, a ser^nt to
do?] STAT£TeiALS,S5 Charles U. \6HS.^Hnalofnoma$
m tSt04
the My, |i» if be were tbeir cbapUin.
Therefore Ibis act of ibe sheriffs, io aetting
up tbeipaelvts to praaide.in a corporate as-
sembly, not only witboat, but against, the
order of tba bead, apd in difect opposition
. to him, was the most audacious blunder that
ever was know*. But then the actual en-
jdeayour tberebT to impose, not onl^r upon
the city of Ijonoonbut upon the king himself,
officers of the peace, ana royal revenue in the
ci^, wa4 not only foolish but desperate, as
done bv ovadmen, and could be made good
by nothing but sword in hand. And what
could be expeeted, but that the geremment
ahould resent it witli all posdUe rigour, as
ibr an offence next to hieh-treaeon ? There-
fore one. may conclude that it was not Uind-
ness only that caused this detestable pass to
be made, so much against common sense,
. but some dismal reserves which they had
and relied on, to divert the obvious conse-
quences, as must iall for daring to usurp so
great a power. But, whatsoever those were,
they failed at this time ; for, upon informa-
. tion above, upon oath, of this fact, warrants
issued from tne king in council immediately
to take up the two sherif& and their com-
plices, in order to be prosecuted at law fbr
this extraordinary and dangerous riot* And,
if they or their party had made any stirs or
resistance, there was force enough at
. hand to have executed the warrants effec-
tuall)r ; and for that reason the arreiit was
submitted to.
<* If ona would consider this affair in the mild-
est terms, it may be iudged that the faction
relied chiefly upon the parliament, which
. was expected to be soon called and te meet,
. for justifying them and criminatinff the other
. party. For they, as was noted, bad calcu-
lates of elections, and knew, by their rote of
, piogvession, how much the next sessiona of
parHament must be more averse to the court
tluui the last was : and so they concluded
materer they did, must, in the end, come
jogbt. This is the model of Forty One
.e^csfitly : tbooe times began with like nrawls
. in the dty, and the same iiyustioes and op-
pienion wer» intended to be acted over
a||ain. But it Is so far certain, viss. that in
tms view, they were open and clear ; mak-
ing no oeramony of declaring what the next
parliaBMDt was to inflict upon their adver-
^laries, whatever- else the^' might hold unde-
clared in petto. And their pe^etual harping
upon this string, and the proceedings against
the abhonrer» being reeenl, had really made
thnpeoplegeneraUy bdieve that tUngs wovld
ba|ipen as they said, and, li^ or wrong,
tb^ should .crash aU tbeir opposers. But,
in the mean time^ we must a littfe lyaiwlion
their policy with lespect te the persona active
at present, in both eniaging, and then giving
the ig^vemiiient in possemion (if I may so
teopa it) such apparent advantag^ of them ;
und 40| takiag ^ miseftUe defensive, depoiid
vpei^ anaftaig|tai«ili9kCau49M»tlikeIyvin
J9ue and the Mose age, to run open the taiiM
chances^ Bet, whatever were thchr politie
reserves, the government did net take these
dmngs for boys play, as a^piibe and oackerB,
but as a bold attempt upon the antfaority of
the dty and nation, and very neoessary to ha
made eawmplary. Among theae thai werv
committed, there were some not citiMiin,
but party men at large, and of no smatt ac-
count; as for instance, the lord Qtey of
Work. These did not attend wbere they
had nothing to do, in order to have BOthing-
to do ; tibiey .were screwing np matters to
their model of public distumnoes, as con-
sequences shewed. These persons w«nt to
the Tower, and, upon Habeas Corpus were
bailed, and afterwrn prosecuted by an in-
formation; whereupon the issue was tried
in the city, uid, upon a long and clear evi-
dence, the parties were convict and flned ;
but, considering the nalure of the otfeooe,
and quality of the persona, very modorstdy.
They were forced to paytbenr fines, hot
were so sanguine to* look upon them as
money put out to interest to be repaid prin-
dpal, interest, and charges o^lof thees«
totes of thdradFeraaries hy an after-game,
as I shall shew. But I have run diis Dun-
ness of die audacious riot to this end here ;
but we shall hsar more of it. as we go
along.
<^ As soon as the sheriff were come oat upon
bail, like nlen svderated to foUy, they took
up the game where they left, and, at a day
or adjournment of the common law, resum*
ed their poll by themselves, at the other end
of the ball, apart from the lord-mavor's as-
sembly. For he with the court of aldermen,
was sometimes upon the hustings, and some-
times in the court, puzzled with the difficul-
ties in settling this matter of the choice of
sberifis ; and, before any thing was done,
the then sherifls came to a dose, and, in
the hall, publicly dedared the election tofali
upon PipHion and Dubois ; that is to say,
they, as mayor, aldermen and dtizenaof
Ijondon, had deposed the lord«-mayor and
aldermen, and, by a party, dedarrd an act
of the whole corporation. But now there
was a new Affieuky starM, and mv lord-
mayor waa attacked with new doubto and
scruples ; for, add they, ' Here are tsro
shertis deelared, who are in pofocs^aon of
their election, and, whatever yo« might
have done heibre, you cannsi make a ny^-
dection, and thereby set up anti-sherin of
London.' And, in very sebar earnest, most
indifierent ]^e<^, wheoe heads did not lie
for distiagutshuig mattera of order and con*
stituiion, thought that the dty 8heiiflb,'in
taking a poUv wcfo not nunastsrs bwfc jwdges
of tlw deotion, and believed that now the
lordrmayoi's oase was nrodi* wane dian
before ; attd so was the onrreni eanodt of
the town. Dnriiw this interval, the lard-
mayor waa aent for, ar went of himadl^ to
cQiwt, and ayfeared before the kinginr«oii««
tOS] STATE TRIAXJ, 35 CMaalks IL l689.^wMif MlUriJ^r a Bint. [St(£
<A, wh«ve .«» •CQ«qnl was gifcn to his ma-
jaty. of tile trosMe tlie city was in almiit the
deddoD of sheriffs upon the declaration these
men had diede of aa election. AU the learn-
ed at die boaidy and ^e king's attorney,
dedaved thai the prooeeding of the sherins
was no act of the body, kmt, as to kgal
effiect, ahsohHeW null ; but yet criminal, as
bein^ done witnout and against lawful an-
. thonty. And that the lord-mayor, the head
of the body that was to elect^ could.aloue
direct and declare the election ; and ^Mt, at
the neact meeting of the oommon-luJl, he
oofi^tto proceed de ifUegro^ as if nothing
bad been done ; as their nscis whensherifiv,
diosen, fine off. The qnestioa depended
wholly npon that of my lord-mayor's power
to a4|oum the common hall ; and sir John
Moore was eztnpmely dimatiiified and uneasy
about that, being what divers citizens hsd
told him he could not do. The lord chief
jiutioe Nordi, a privy oounssUor, was so far
frnm making any doabt of that, that he said
to my lord-mayor, he need not be at all con-
cerned ; for the question, was irivotous and
HDpndent, or to that effect. Thereupon sir
Jonn Moore caKft towards the place where his
hyrdship sat, and with a most submisa coun-
tenance, desired to know of hia lordship if
lie woidd be pleased to give it under his
hand, and, contrary to the expectation of all
present, his kvdahip said yes ; and» takinj^
' the jMB and naper before himj. wrote bis
i^musn, that the lord-mayor had power to
a^nm the common hall to what time and
plaoa in the ci:^ he thought fit, or to that
etfect, audft settmg his huid to it, gave it
to sir John Moore. Now the courtiers, that
woPt more nned to sneakers, than to men of
dear courage in a dear cause, esniepled his
lordship would have shuffled off mis setting
hjn fanad ; but the readiness of doing it verv
much confirmed sir John Moor, and exoetii-
iagiy pkasiBd the king* .
f Bat, tor the better counteonnoe of sir John
Bfome, it was thought fit that his majesty in
council shoidd order him to do bis duty in
tiie mty ; and themopon an order was made i
that M should ptococd to the election of
aberiffii, according to the ancient usages, of
^le city. This mer the author inserta, in
the nenr words, into his History, intoning
that it snould seem as if the: d^ affairs were
smvemed wholly at Whitehall: whereas ne-
tting is more usuaL than for the long, by
svder cfprodamation, to enforoe laws,, and
mnire magistrates to do tiidr duty accord-
ingly ; and this wan no more. Then, at. the
day, to which the common hnU was ad-
jonnied, the fiM^on threw up and made no
appearance, having^ as they thought, and
iatended to insst upon, sheriffs of ttar own ;
so the qoastion of confirmation waa pot and
csrriod affinmatiyely, and then, ^r the dec-
lion of sv Balph Boxt which wia. carried
dso. But B#K wan inglited at the double
ttonw, far .m it waatarmod^ and tha^ dis-
putaa with these Anti^sheriA, as
happen, and so fined off; and then sir P^
Rich was chosen, and the dactkin dechffed
for North and Rich. It was wondered at by
many why the fiiction did not interpose to
trouble this lattsr election, and, as they might
haye one, joined one of their own party ;
for it mi^t (and really it did so^ happen that
a Iriend m a corner had been of great service
to ^em. But they considered, wisely
enough, that it was better to stand the after-
game in parfiament, which would make dear
work, and, in the mean time, not hurt their
title to two sheriffs by coming in for one ;
and, if they did, their. officer would have a
sour time of it, having the courts the law,
and the officers against them, for the latter
would certainly obey my lord mayor's she-
riff. Besides, North was a person so deter-
nuued and resolute, and withal so well ad-
vmA and supported, that nothing bat blown
would be got by contest with him. B^t all .
this was reasonmg in the dark, for the Rye
Conspiracy was scarce formed ; ami they
dreamt nothing of such a discovery to ooma
upon their pwty, as foUowad; dse they
would have had a fiiend in a cosner, to bo a
spy,, at least, in the enemies yiafiem. But,
as things were understood, the nest point was
for the old sheriffs to get dear out of their
office. Theif courage did not servo them
to refuse ddiveiing over the gads by inden-
ture to North and Rich, as the way is ; not
to indent with their own anti-aheriffs; fin*
either way had been an escape of the pri-
soners in ezeeulion that had charged them
deep : Therefore they made a virtue of no*
CMaity, and were glad to sod. to Nosth and
Rich, who entered upon their ofStee in Ae
Msaal forms. And so ended this (M> after-
times inconceivable) huiry in I^mjon about
the sbrievd dection in 1,683*
** And noW) before I enter unon amp eeoso'
q^uences, I will run over tne author's, ac-
count of the matter, which is very brief^ bu|
not so brief aa mdicious ; ibr hia aim
throughout is to make such, a sham repre-
sentation of it, as the whole procei^teg may
appear one continued net of aibitrary power,
and nnrighteous onpuwcion olf the dt^r fiiee*
dome. It seems that, after Bethd and Gor-
nish» the sheriffB of the year 1680, ef scan-
dalous memoiy, the loyd dtizena,ifaBau-
tlior's couit party, instrudsd, by theic bcha-
viour^ what was to be expeoted if the soma
Ihotion, thnt set up them* shonJd set np
otheia. as bad, maoe dl the streng^ they
conid to oppose the choice of Pffldnglon and
Shute, but u vain ; and fi|e author, justtfiea
the fantion for going on at that rate, aaiping,
• tbdr liFs« and liberties depended upon that
< dtoicn/ He must think sove that hia
ftxendsknev themselv^qbnoxiotfsand de-
SflTving tobe hanged, or e^.that 4in iNNRt
had resolved,, right or wvangi to bang them ;
how dsa oamorthsA choice to bp so fatd be*
yondaiqr oAfiTf aa if Bibs; Atroponwdtfii tf
sor] STATE TMALS, 95 Cfl AftLss II.
cut all their threads P 'But it teems the city
begttn to shew a loyal dispositiioD, and, tor
lh« credit of youth, who are sometiiiies mis-
takeh, but ever forwardest in actions of (fire-
supposHi) general good, it fell out so in the
city that almost all the apprentices were
fcryai, and had a fancy to make a feast, and
entertain some of the court ; whereupon ve^
nison was sent them from the king's parks,
and some great men dined with them. Tliis
the author oaAls a meaner condescension, to
which he adds this dutiful sentence, It was
tiiooght it Was no lesH than encooraging ser-
vants against theh' masters. The fl^on,
and their scribe here, had reason to be ofieud-
ed that the servants should presArae to be
honester than tbeir masters ; and that it
should not be in the power of the cankered
old crabs of the faction to corrnpt the youth
of the city, whereby to provide a seditious
succession*: As if young men, commonly
sons of good families, were bound out appren-
tices to trieason, as a mystery in whicn they
were to work for their masters and learn for
themselves. But we must not forget the
mystery of king Charles's greater conde-
scension to stir up mischief* b^wCen masters
and servants, by setting up the latter. 8ure
there was some great condescention which
was exeeeded by this; and I find it was
after the electk>n of Pilkington and Sfante,
when the city invited the king to dinner, and
the sherifls went on the errand. The king,
hating no quarrel to the city, which, ex-
cepting the majority of the'livery, were ge-
nerally loyal and active against the faction,
graciously accepted the invitation ; but
withal was pleased to add, ^houflfh brought
bysudi unwelcome persons. T%is^e au-
thor makes a^ low pique in a king, that is to
honour his fnends, and disg^ce his enemies.
Wonderful invention !
* But, to return to our Midsummer work, all
the author's account of the action in 1682,
momentous aa it was to the public, falls into
one short fiUlaeious sentence. ^ The court
• was very solicitous fbr the choice of new
^shsrifft of London and Middlesex, and
« earnestly recommended North and Box.'
This, as It is expressed, is false : For first,
bow could the court be solicitous tor the
choice of new sberiffi, when the choice was
to he of course, and the old eould not con-
tinue f And then there came no recom-
mendations from the court to the city;
and, lasdy, North was not upon the foot
, of <choiee, but confirmation. If he would
hava said true, he would have tokl us
that the * court were solicitous f o have
the Ignoranvs fhctioa excluded, and indif-
fewnt sherifb ^chose, and that the ioyalliats
of all sorts set up Box to stand with North
that was drank to. And so the people pro-
oesded aa usual upon contested elections,
when the diithMtwn was of k>yal and Igno-
ramus. Bat. savs he, the hearts of the
ctdzenawframrspilioAaiidDtihois. This
iSSS.-^lHai ^Ifmaa Pilkhgiim [SOS
is false also: And the cheat Ket in the
word citizens, for that stands here, aa, on
other like occasions, the woiil people, a
part Ar the whole. For a party rabble is
always his people, so here a prevailing
party^ of a packed livery are the citizens for-
sooth ; ahboogh, even of them, the valae or
the loyal party exceeded the tate on th«
opposite side. But it may be affirmed of th«
citizens, in general, that, bad they been
polled, ^tigste had been ten for one against
the fhction at that time. And that was seen
in the choice of aldermen, fbr, of about SO,
there was but 5 with the factk>n ; and thos^
magistrates were chosen by the inhahitaats
at large, in the Wardmote court. 8o just
an account of the citizens have we here !
But what ccmes now ? < This occasioned &
' riotous controversy, the lord-mavor com-
* plying[ with the court, and the old sheriffii
' resolving to assert the rights of the city.'
Is not this the marrow of the dispute f What
can be the meaning, but the court and th«
lord -mayor, hy force and violence, set up
sheriffe, and would allow the city no election
at all ? We are got beyond the recommend-
ation of the court ; that consisted very well
with a free election without tumult, tboneh
my lord-mayor with his influence, took tlic
court side; so the matter must be right
down force, as I said before, that shonkl stir
up the shernffii to assert the city's right to
elect. For he takes no notice df the di^nc -
tion of confirmation and dection, nor states
the pretences of the party, as a just writer
should. Nor was there any riot at all, but
that of the sheriflb acting unwarrantably, aa
was shewed.
'^ But he goes on. ^ Hence, on the ekctku
' day, a great noise and clamour was naade ;
* the Whig parl^ being more numerous, the
* lord-mayor af§oumM the common hall.*
- Tg set aside the great news he tells us,' that,
at a popular contested election, there was a
great noise and clamour ; we must not allow
him his pregnant word hence, that carries an
assertion of a force upon the city. For it
refers to the former words, which plainly
imply it, and, consequetitly, is a very great
falsity ; tor, at most, the business was the
form of the election, which the two parties
contended upon. But that, which fi)llows,
is an artificial and solemn fouber^'. The
Whig part}' being most, the lord- mayor ad-
journed, &c. Doth not that affirm that the
lord- mayor, finding the numbers against him
upon the square at the election, unjustly ad-
journed. Sec. that they might not carry it.
Which is the most egregious falsity ; for be
fuyoumed, because the hall would not do him
justice by confirmation, which was his right ;
nor did any law oblige htm to agree any
thing to them who would not do him common
justice. And must any one, a stranger to this
affiiir, think this good lord-mayor, one of the
most treacherous and tyrannous men in
the worldy for stopping a Gbaioa heoavaa bia
M9] ' STATE. TRIALS, 35 Chablbs It. iBSS^^'^iUt oih€r$,fat a KM. [2ia
lide had fewest >oices ? O ! that the Whi{^
party had uercr really and. truly done that
which this writer falsely charges upon the
ceod sir John Moor ! But we must not stop
ken. Bat the two sheriflEs, thinking that to be
anarhilraryactforinterruptinffaregulareleiy
tioB, weat on with die poU. Who made
them, that are officers of the crown, and not
of the corporation, judges to say what was
iriritraryiind regular in the proceedings of
the lord-mayor, aldermen, and citizens cor-
for^Uter eongregati f It is just as if one
should say, the sberiff, at the assizes, thought
that the jodgesdeparting before all business
waa done, was an aihitrary act ; so he oon-
ibuied the assizes by himself. I suppose
soBDe learned counsel hath informed this au-
thor that, if a magistrate doth not please the
Whig party, he acts arbitrarily.
After this the author touches upon the com-
mitiBent by warrant signed by 24 of the
privy connctl ; and that counsel was heard
upon Ae adjournment, of some of the fol-
h»win^ proceedings, down to the double de-
daiatioB of the election, and there says,
fi^ the ' proceeding, (on the lord-mayor's
part) was thought to be by no means usual ;
fiir Dudley mrth, esq. was only put up
to be confirmed, as being duly elected
by the lord-mayor. Here is so much
nbity and so prevaricated, one knows
not where to begin. First, the proceeding,
as in tnith it was, (which is here iaisely re-
lated^ was by all means usual, and so agreed
by toe adversaries bating a few disoonti-
BoaBees ; only they were pleased to call that
usage an osurpation. Then next, here is no
aecountof this mysterious * confirmed,' bntby
my lord-mayor ' duly electe(1,'«whicb is false
sdso ; for the lord-mayor did not pretend to
^ect, hot to point out a person whom (if
elected) he should approve, as hath been
ahewed. So here is a scandalous account of
the proceeding, as far as the author intends it
ahoold be understood^ he conceals the whole
«»aterial truth of it ; and that is a worse cheat
than all the other, misrepresentation. For he
iiath aappresscd the whole story of the custom
and ceretnony of drinking, with the reason ;
which is a subject, not only necessary to be
ezpbined in tlie history of this ^risb, but is, of
itself, as remarkable as any thing that can be
telftted. " If he iiad pleased he might have
passed fay the whole matter, and (as was
said of the tumultuatin^ Jews about ques-
tiona of their law, so of the citizens, about
auestions of their customs) we had indulged
him on account of brevity. But he, with
his thinkings, and 'tis thoughts, comes
nmhd to a dedsion, and condemns the lord
nmror and loyal citizens for coUeaguers
with the Court, to usurp arbitrarily the
rigfatiT of the dty, and rob them of their
dection ; while the food (gnoranius sheriff,
and his Whigs, with a public spirited re-
sohition, stood up and maintaine<l the city
ciffati against those traditorian C|ourt slaves.
VOL. JLX.
And, all this while, no mortal can ooUest
from a word of fact, so as to guess whai
the matter of these great stirs was. And*
from a comparison of his words with th«
fact, aU this appears to be of itself, not only
&lse but maliciously tincted with^ words and
names to look like truth s and so pretending
to a relation, is unintelligible and dark, ta
the intent that folks mayimatt^ne whatia
not :. such is our Complete tiistory ! Let
the following passage speak. <* The mayor
heard the lawyers aigue the regularity of
the late adjournment, bat coming to no
resolution, the Court was again a4joumed.,'*
Here is falsity and contradiction ; for the
. point, apon the first arguing, was rasolved.
and the hall, then^pon aiyoumed: and
fwying here that the Court was again ad-
journed, admits a resolution ; for whether if
might be done, or not, was the question.
But tlie author is not pleased* though
the point was cleared to the satiafiMtion of
. all, to have it determined, but rather remain
a moot point in bis History, or yet i*ather be
condemned by virtue of * 'tis.thought.' The
rest of this }>aragraph trifles and shuffles in
matters not worth notice ; and then he con-
cludes that Mr. Dudley North was sworn
upon the hustings, which is false ; for he
was n<)t there, nor sworn till a good while
af^er that be was sent for to the court of
aldermen, and oommaiidcd to enter into'
bonds for taking the office upon him. So*
this shot, made though at nothing, was by*
guess, and flying.
<* I have now given a representation of ih*
Author's falsities and concealments abou^
tliis momentous change of the city, and^
consequently, of the whole nation. Ha
liath afforded us only a few sideling and
libellous sentences, and for that reason,
affectedly dark and imperfect ; suppressing^
as I noted, all titie true motives and depen-
dances belonging to the proceeding. Ha
would have the business look black on tha
Court side, havinff occasion for abundance of
such arbitrary doings, as he labours to dress
them out, in order to extenuate the ensuing
rebellion ; which is the true reason for this
liis, otherwise, unaccountable conduct. Wa
have had already much, but shall have more»
of the like design afterwards. But, as to
this transaction, that I mip^t clear up ,hia
. mists and mishanes of thmgs, I thouffbtit
necessary to make an entire relation of my
own, which 1 have done out of pure me-i
mory; and think myself not wholly un-
quanficd for it, being in those days carious
and active, and seldom absent at any of tha
turns. But having no thought of ever*
being provoked, aii I am by these, wor^
than, falsities of the author, to recollect par-
ticularly matters that, in those times, I
looked after chiefly for diversion, I kept no
journal, or notc^ of times and particularities
as they succeeded. Nor have I acce^ to,
any otfi«ss where I might gathar from tha
P
»n]. STATE TWAlA-aiC«48l.f«n.J«8?^T'^?^7»fiFf«W¥M«f» t««.
ocigina]S| t)iat is orders, '4ecl9Jr|itioii8, i^id
the like, wbat b needful fbir a just register.
Therefore I am seusible that mms punc-
tualities are here waptlpff, wuicuTlf^ish, I
could supply. &at, as ' ^^ ^e g^qss otejiifi,
and the maufer of fact, \ an) secure of naving
clone justice ; for H welj ofeserYed ^heip,
and, ^t^hink^ shall never forget the m^-
ierial pai't.'^ £xamen, p. 595*.
Cf icerninf these transactions it may reason-
ably be conjectured that the ordinary ^eigrit
<»f ftoger xVortb's political partiality was aj^-
^yated by the consanguinity be^if een hifn
apd sir Dudley North.
Of the tame oocnrrences, the foUovring p«8-
' ngesy extracted from Narcissds Lirttrell't
itik "« Brief SstDrical Relation of State Af-
iiirt," in the Libmry of AUSouli»coH^,Ox-
iM, fitniish a simple and apparently Impar-
tial nonative, the eflRect of whicb is enhanced
(v contrast with the p*rty vehemence of
mrtlft'8 reoresentations, and the elaborate af-
fecti^ion of bis forced and dedattiatory style :
^""Jonej lj681. The 24th was the day for t)ie
election of sbenfis and ofEcers for the city of
London, the IJyery-men of the serej^al
eompanies appeared in an extraordinary
BuCnner at the Guild Hidl : the lord mayor
cud court of aldermen being come upon the
I^ustingji they proceeded to the election;
the persons in nomination for sKerifTs were
i(r. alderman I^Ikington, and Mr. Samifel
ihute, Mr. Ralph Box and Mr. fiumpbry
Kicolion ; M)r. Pilkington was first put up,
who having apparently the majori^ of
fbices, was dfrlared duly elected ; Mr.
. I^ufe with some contest was put up next,
llpd then Mr. Box, but Mr. Shute carried it
' ty nuich to appearance, yet those that were
for Mr.' Box demanded a poll, which was
' ^nted and clerks appointed^ and i|coord-
Higly the poll began which ended t)iat day,
^nd Pilkington and ^ute carried it by
t)u'ndre<ls of vuces. — Sir Thomas Player
Vk-as then also continued chamberlain of
. X^nd9n unanimously. — ^There was a very
ercat appearance of Liverymen, and tiie
[ Court had made wlmt Interest they could
Inat'tbey might ^et die persons set up by
' them CSox and Nicolsonl chosen for she-
pffy,' Tl^e poll wais closed the 24th at night,
and tb^ 97 th was a common hall again for
declaring the sberiffii ; and on the poll al-
derman Pilkington had 3^4, Mr. Shute
3244, Mr. Box 1,266, and Mr. Nicolson
84 ; so that alderman Pilkington and Mr.
^bute were declared duly elected." ^
• As to this election, bishop Kennett, vol. 3,
£. 391, 2nd ed. says, *< The king was resolved
y e&^rcss his diijplcasure at it, and therefore
vhen, on October 13, sir George Trcby and
thtisc two shciifls were sent to mvite his ma-
jesty in tlie name of the city to do them the
lionour of dining at Guildhall oa the 28th,
< 1682, Jun^. Tl^e 24th UeiQg Xhp una} ^j
for ekctipff of sberifisfor the. city of Lpv^do^^
oj^uiy of we fiv^ry men appeareu at Guil^*
^ ; One party crying ujp CJforth «nd BqX
ai)d t^e ^tner pij^bois and pi^iUiop *, ^u^ a
po^l being desired and grant^ itb^t^^
i^meho^rs; ^nd tl^en ^war^s tbeevw^g^
the lor^ mayor cam^ ^aA difipkBed ili«
court, orderinjz tjbem to (^pear on Ti'u^iy
next; Qot\^itnstandi9g whicl^ tl^e ^heridf
still held on the court, and the Xl}f^ PAity
cried out a Hall ! a U^ll ( and eoi^m^upd on
the poH, and there was some xind of t!ot
and tumult comini^ted i^ ^e jkw ; Bm at
last tJb® sheriCTs ^l^ adjourned th^cQUi;tt^
Tuesday next ^ njne ^r tlieVlov^*
'< But the 9.5tb tl^e lor^ 9)f^yor i^en^ ap4 <^9W
plained to bis ij^i^esty against the ^^eri^
who beine sumngioned to appear tt tli«
council, they did accordingly the 26th $
and beins[ thought to be promoters apd up-
holders oT a riot ; th^y were cou^mitted bv
order of council to the Tower, aju^accoc^
ingly conducted thither in then: ^o^u^es by
ibur yeomen of the Guards, only tl^()^H£^ ^^
city.
" It IS observable in this election, ib^ the l^urd
mayor insisted ou his right of chuifing osi€
of tl^ sheriffs himself by drinking tol|iio^
which he had done to Mr. North ; but tbi#
the greater part of the coipmo^-hall w^r«
against^ and vjrould not confirm luin.
'^ In the tranaactiofi of the late electi(ii| c»a
Midsummer-day qf the sheriffi^ some thi^g*
are remarkable ; as first the lord nw^y^r'n
precept to the several companies runs m an-
unusuU form, viz. as well for the confirqia^
tion of the person who was by him chosen, t<^
be one of t|ie shprifis, &c. as fpr the el^
tion of the other, of the said ^erifis, 6c<^ |
whereas former sumnions was to the meqn*
hers to meet and chii^ sheriffs , aa4 then
when this person was put up, it, waii only £>•
con()nna.tion, but this the common- hall wat
alisolutely against, and cried, Ko con%8(iA-
tion, no confirmation! l^he common haU
also returned thanks to the two present she*
riffs for the faithful discbaif^ of their officie.
" June 27th. The court of Hdnf(u Qench
granted a Habeas C/orpus, to brmg up th<
his mt^esty Q^ve them this rebuke : * Mr. Re-
* corder, an invitation from my lord mayor and.
' the city is \ cry acceptable to n;ie ; and to ishew
* that it is.so, notwithstanding tbat it is brought
' by messengers that are so unwelcome to me a^
' these two sheriffs arc, \ et I accept it.'
** His majesty," proceeds the bishop, '* 1mi4
before condescended to a meaner thing by
distiu^ishing the loyal apprentices of London,
and giving; a brace t)f bucks for a dinner at
Sadler's Ilall on x\ugust 4th, and sending rnsiny
of the prmcipal courtiers to diu^j with them,
directing his son, the duke of Grafton, to be
one of the stewanls for another year: all
which was thought no less than to encourage
servants to oppose their masters."
i
lis] " 8TAt£ TRIALS, s'j CdAUtt^ If. iSM.
Ami dMft TlMNdri wktch i»ilfl retilhiflfbte im-
\aiakmA^ ; 4ttfl the Lieutenant oF the
IVl^ei' Mug sert«d l^eAretHih, thbiight fit to
tike no notice thereof.
% Tlie ^6th tlMB tfheHlR Of Lona6n, Mr. Pit-
ld]ifft|Mi tfd Mr. Sbilte wei-e bH)ag4it tib from
the Tbwer o^ Inondoii to tile eoiirt of KM^'s
Bcndi on a iefcoiid H«be&i Cot-ptk, ind de-
iitc^ by their ooUneel to be biiiled ^ biitMr.
AtHfiney QenerAl exbihitib^ an bfornia^ion
Aen in oouit agaimt them roi' (he said riot,
Ibr wlli<^ they we^e committed, they pleatled
ftst toit» Kot Goflty (in which aidd idfbrroa-
tinii there were abotit forty olh^r perions
meiflhMiell lid rioters ; a4 ^d^rman Henry
Cornish, rtr Tbomils iBoM, sir John ShoHer,
lord Gre^ bf Wart, atd^ihan Ellis, John
Tteilohtrd, ^. laid others) tHen thev #ere
admitted ttf bail^ Whd were Mr. James Hayes,
Mr. Midinel GMfref , Mr. Benjdhin Ood-
, mid Mr. John Biiaden ; the princt-
were bOdnd in S,000/. a piece, and tlie
b 1,000^. e«cb^ Itt desire of the Attor-
ney General.
Jttfy ath. The ciame djnr beib^ the Mst day
of <be term, thfe ^herifis app^iired etlHf at
tliecotirt of Ksiig:'* 0ench, and h$d Aeir
i^ipearance reeorded.— And it bemff the
ocy appointed for the eleetion of sfaeiifis
neceranr to th6 IMe lidjoartitotet by
tlie l0rd noaycnr, th^ sheriffir appeared
nir the InlBtiB^, aftd the citLzens in great
BlAuheiitf, bnt tfie I6rd may6r lleih|f in-
disMaed, Mr. Reeotder, W his lordsbip's
OT«er,4iedtte(lil wtHllfisrlo^hip'd desire that
ihepoU aHoiild be adjbiimed Ol Fri^jr the
Tth ; whiereateti the ^heriflii donanding of
the cotoOMNi-han if they weto williiff to
defer it, tne nl^ part were ifgahkit it, so
tfaejjr firoeeedipd itt the p6tt ibr some hours ;
which bong finished tfnd east op; the com-
ami-hattiifsbtiti^tohave th^ pbll declared,
jflie «hertfls did llecordingit, Mr. North
1^7^ Mh ^kA .l,to9, Mr. PapiHtoll 3,754,
wBAJtkt. DoMi S,7d9 ; which twd last har-
ti|g^ life ttU^/t^rBCt weM deidared sheHffe ftr
^hft ]fenr $s&mat % Aiid their proceedings'
^MeerMcd to be recorded br Mr. Town-
^iBi1[,aMlbeiirthe6dfiMlMitt-bidlbf6ke up:
Dttinuf this day 'tf proceedings, four oonkpa-
nies of the frailied Minds were on the gfoard.
^ The rtil, the kffd mayet, seme of tM sd-
devufett,' talk tlie kittens on ihtft side met,
early at G«ttd-haH (MtWiftstteidingthe pro-
^seediqpl^on Wednesday)to proibeed on the
poll ; ti which the dllier party hanng no-
tiee, iMtdiey should be stripA of their pri-
fUegiea, «aiif^ to Gcdid-hall in great nu|n-
BeM ; 4nt a difli>uto arising between the
BBsy^ Aid aldermen about his preteAded
.a^oominettt, some IttwVers were sent for to
decide it, sirCtoerge/effefysitodlirr. San-
deniii beMf «fthe loi^d mayor. and^Mr. .
WiBinaBS aftd Mi^. Pbllexte fbr the sherifis,
who^debileitAiettlatier, Mt coming to
no
iteie^. «to idM >My<Mf fuiOidf adjiWoed
Hi^ cbfitt tfR this day seven-nfgrht beinir
tB*i4th.
<< The l4th a!^ihift bommon halt met in g^eit
-ntiraberS at Ghild-hall : the lord mavor and
aTdemlen beidg boiine upon the Hustings.
Hid majest^^s order iii couticil was read,
And tlieri the ford mayoi* infitistM on tiis nri«
▼i!e|^, and d^tdred Mr. I^^inii t6 be sW
rifr, which the Cbri^ihoii halt would by no
iil^ns adihii, bdt cribd but fio f^ortb,, ne ,
rforth, no confirmation : but& Papiifioii and
Dtibois : ^en the ftbenft^ telling the conif*
itiod-half, thet w^ by kis tidaje^ 's order t»
poll anew fsalTO jure tb the last poll) tliey
beenn td proceed ilt four in the afternoon to
pot) for ail fobr, which the loWf ohavor hter-
m^ of eittue and ai^ourned the p<A igaixt till
to-morrow feren of the (;lock. ,
'' The 15ih according io yesterday's adjourn-
ment bv the lord mayor, the cottwnon kali
dissembled and tbey proceeded to the poll :
the sherifiiB had books to take it, to also sOme
appoifiiea by the lord mayo^ took it ; the
sheriifb wodld poll fbr all feur, the imd
tnayorfor but three, -saying Nordi was al-
reiidy chosen (though it is said his lordship
consented to poll for ad four, but ailerwanui
thought fit to alter his blind,) the books
behig closed ilbd east lip, ttie sherifis ctoie
upon the hustings and declared how it was
in the books, North lot, Bot 173, PaDitlio^
9,4813, Dabois 9,491 ;jaid a£:aiDstconfir|na-
tion 9,414: So thd Papillion* 4nd puboia
were again decUred efected sherifis, ii which
Hhere was a great shout : Butt ihelord m^or
and some 61 the alder^h cai^ie afterward
on the hustings, ^d dectired Box to be. ths
other sheriff as having the mt^oritVy vis.
1,944 in ifif bool:, and Fapilliott ind Dubois
but 60 j after which the sherifis cauie agaim
Upon the Httstings, ahd declared Papillion
and Ihibois sherifilt IVhai will be the issns
hereof time must shew ; Some nersoos ars
ttrangely exasperated against the lord mayoc^
and most blame him fbr ih^ onusuid prepept
that summoned th^ common hail, such aa
one having been never kfiows befove.
The affair of the sherifis is thai Vfhuih
causes great differences; the Whig- par^
thinkkjg the ford mayor hath done them ja»
hn^, have brought actions of tlie case against
his fartlsbip which increase in number eve^
0ajf; they say that the sherifis were ever
the pro^CT mani^ers of the poll, that the
lord mayor was wifiing to poll for dl four,
until a certain minister or state was with
hito, (sir LeoKne Jenkins) that in a ^tUe time
diere will be a common councSt called,
and then they think to receive satisfaction
hi their rights ; but if Aie lord mayor shaM
proceed to swear North and Box, iiey think
they hav« power to turn them oat ac^n on
idichaelmas-^y ; if all these fail, Uiie}^ ar^
resolved to proceed by way of nUindaipos,
act of the court of King's bench, to try the
issue the next term.
n
^^ Thejtrthbeiiigs eoo^ /ft sXlii^m^, ibeA
£15] STATE TRIALS, ^5 Charlbs IL iGh^.-^Trial of Tkmoi Pilkifigi&m [tl€
was a numerous appearance <A' the Uv^ry
men at Guildhall, *to have the lord mayor's
answer in relation to the petition formerly
delivered concerning Mr. Papillionand Mr.
Dubois their being called to hold sheriffs for
the year ensuing ; some of them beinf call-
ed iui his lordship's answer was read, that
the court would take care such persons
should be sheriffs who were legally elected,
as also of the rights of the chair and of the
whole city, and if things were done other-
wise, the law was open ; Some of the livery
^en attempting^ to reply, that this was no
answer, his lordship bid them forbear and he
gone, which they not doing presently, they
were commanded in the king's name to de-
pa i*t ; and then the court adjourned till after
JBartholomew tide.
** September, 1682. On the 5th was held'a
c^urt of aldermen at Guildhall, where di-
Tei*s citizens attended and delivered another
petition to the court, to the same same sub-
stance as the former, tliat Mr. Papillion and
Mr. Dubois being legally chosen sheriffs for
the year ensuing, they demanded as their
right, aud as the oath of the lord mayor and
alderm^ obliged them also, that they might
be summoned to seal their bonds to hold the
said ofHce or fine off; then they were or-
ilered to withdraw, during which time Mr.
Box was called in : aud after the citizens
were re-admitted, and the lord mayor told
them their petition had been read, and was
to the same effect as some formerly de-
livered ; and that Mr. Box had been nnce
called to accept the office of sheriff, but that
he had submitted to a fine, so that now they
should have another common ball to elect
another sheriff to serve with Mr. North, to
#hich some replied, they had already cho-
sen two sheriffs, and would adhere to the
first choice, and did desire no more common
halls, saving there had been too many al-
ready about this aflair, at some of which se-
veral received their death ; On which his
lordship commanded them in the king's name
to withdraw, or they should be looked npon
as tumultuous.
•* Mr. Box's fininjip off. hath caused much dis-
course, the Tories blaming him on the one
side, and the Whigs gathering heart on the
other, promising themselves success; but
the more modei-ate persons like not these
proceeding's, dreading the ill consequences
that such heats and divisions may occasion.
•* The 12th was a court of aldermen held at
Guildhall, where many citizens attending
were callefl in, who presented another paper
to the Court for the calling 3lr. Papillion
and Rlr. Dubois to take the office of sberifft
on tbeau whereto thev wei-e lawfully chasen,
protesting asfainst the election and confir-
mation of Noi-th and Box, and that if en-
deavours were used to the contrary hereof,
■uch proceedings would be a breach of
your trusts, and a violation of the rights and
privileges of the citizens of London; then
the dtieens withdrawing; a debate mnme in
the court hereon, which oocasionii^ toine
$harp words, the lord mayor ordered the
fiwora to be taken ap and so dissdved tha
court.
" The 14th was another court of aldermett sit
Guildhall, where many citizens attending,
those of the Whig Party delivered another
paper to the same effect as the fonnsr in.
the behalf of Mr. Papillion and Dubois ; the
other side deU%'ered a paper desiring that
that court would appoint a common-ball to
chuse another person to serve with Mr.
North already confirmed ; then a tfatid
paper was presented hy Mr. Kainton (late
member of parUament for the coanty fit
Middlesex) subscribed by many gentleoien
and freeholders of the county of Middlesex
in behalf of Mr. Papillion and Mr. Dubois,
which on the other side was protested
a^nst by sir J. Butler and others, as done
without then* consent, or' (as they believed)
the majority of the freeholders of MiddksejCy
saying they had nothiifg to do witli th«
city's choice of theu*. sheriffs ; then they
were all ordered to withdraw, and aAer some
time were called in, and told that the court
had considered of their several {letitions, and
would talce care that such persons should take
the office of sheriffs as were duly elected ; and
that in tins aud all other things, that court
would endeavour to maintain the rights and
privileges of the chair and of the whole
city, and wherein you think we do other-
wise the law must judge between us, and
were told that the lord mayor did intend t«
call a common hall on Tuesday next to ehect
another fierson to serve sheriff with Mr.
North, which occasioned some to cry, No
North, no common hall, we ha^e chosen
already, but they were commanded in the
king's name to depart.
<' The lord mayor, wben he avunmons a
common hall, usually sends bis precept to
each company, but this time be only sent
word to the clerks of the companies.
^^ The 19th being the day appointed for a
common hall to chlisea person to serve with
Mr. North for sheriffs of London and Mid-
dlesex, the liverymen met at Guildhall in
great numbers; about 11 the lord mayor
and some of the aldermen came upon the
hustings ; and the common cryer proceed-
ing to make proclamation, there was so con-
fused a noise that nothing could be beard,
then the lord mayor and aldermen retired
into the council chamber, then the common
seijeant came forward on the hustings and
put up Mr. Kich, at which there was sueh a
noise of No Rich ! anil that they would stand
by thdr former choice, that nothing dse
could be heard, then the sbt'rtffii came tor-
ward and put it to the common ball whether
they w ould proceed to a new election or
stand by their old choioe ; and much the
greater number was for standing by their
old choicey thou^ n^any people (it m
417] STATE TRIALS, 35 Charles IL 1683.— mid <dhir$Jer a Riot. [218
dmghl) held theor bunds Mlwrvite than
tiwy inteMled, it Mug bardiy pMsiMe to
httrwhat was pat up, hat a poll being de-
vandedyfliid gianted by the sheriffs, tbe^
adjoamed it for an bonr or two ; whilst this
VM doing ibe lord mayor eame Wun npon
the hastily, and dedared Mr. Rich law-
fiiDy cbosen, ^though the noise was so great
it could not be heard, and then dissolved the
hall and went to bis own boose ; about two
. in the afternoon, the sheriffs began the poll,
during which time the lord mayor sent to
them to desist, for he had dissolved ihe hall,
bat they proceeded ouj and, upon casting
np the books, found there nas 2,082 for
standing to the old choice of Mr. Papillion
and Mr. Dubois, and 35 lor Mr. Rich ; and
die shcnfb hearins' that the lord mayor
came again himself, hastened upon the hust-
ings and declared Mr. Papillion and Mr. Du-
baia legaHy elected again, and then ' ordered
the people to depart, whidi done, the lord
mayor caused the g^tes of Guildhall to be
■hut up.
*^ The next day bemg the 30tb, the lord mayor
and seme of the aldermen went to White-
ball to inform bis majesty of the proceed-
ings, and there were some affidavits made
agaimA the sberifb, wherefore a council was
SDromooed in the afternoon, and the sherifls
ordered to attend, which they dmng, tbey
were told they had proceeded in a riotous
manner which they must answer, and so the
two flhenfls gave a recognizance of 1,000/.
each, mtid tea bail in 500?. a-piece to appear
at the King's-bench bar the 1st day <n the
neatt term, and to answer to an information
tfiere, and in the mean time to be of the
good behaviour, and so were dismissed.
*' It is thiHi^t by most people that Mr. North
and Mr. Rich will take on them the office
ef sherifls of London and Middlesex, not-
widistaoding their contested election, and for
this end they are fitting up OoMsmitbs and
Urapers halls : these things make some per-
sons down in the month fearing the effects of
these two being sheriffs ; and scruple not to
say to what end they were set up ; that if
the lofd mayor would chuse one sheriff,
ther never knew any cotour he has to chuse
bote; ^ley call him a betrayer of their
rights, and are resolved to pursue the utmost
rnnedy the law affords ; and some fear not
' lo aay the ofci sheriffs will not deliver up the
prisons to diem. These things look ill and
are much tobefoared ; and the other side
areresolvedto stand by Rich and North, for
tbf*y will have thein in as legal officers ;
time must produce the consequences hereof.
** The 26th was a court of aldermen at Guild-
hdl, where Several liverymen attendlno^ pre-
ansted a paper to the court in the behalf of
Mr. Papillioii and Mr. Dubois, very sharply
vcpffesenting to' the oourt'tbe breach off heir
trust and violation of their oaths, but they
had answer returned them as formerly an<^
wcrrcomnnDded to depart. Afterwards Mr.
Pteter Rich was called to give bond to take
upon him the OlBoe'of sheriff, which he did
accordingly. Mr. Dudley ^orth sheriff
elect by the lord mayor, sent to his cm*
pany the mercers, to demand^ as usual,
several of their company and officers to ac-
company him to Gmldhall ihe day he takes
the office, but the said company holding a
cotut thereoii, made an order that none of
their members^r officers should attend him
on pain of being turned out, but that they
should accompany Mr. Papillion to the said
hall to present biui to be sworn one of the
sherifls of London and Middlesex.
« Tlie 29th being the usual day for swearing
the sherifls elect for the city of London and
Middlesex, there was a ffreat concourse of
people at Guildhall early, out the gate there-
of was guarded by the Trained Bands of
the city ; and several of the liverymen,
who were kno^vu to be for Papillion and Du-
bois, were denied admittance until the lord
mayor himself came : about ten his lordship
came, accompanied with Mr. North and Mr.
Rich, and entered the hall; some Traineid
Bandls also were placed before the hustings,
and lieutenant-colonel Quiney, who com-i
manded them, offered an abuse to sir John
Lawrence, one of the aldermen, by pulling
him down off the hustings vi hen he was go-
ing up ; who afterwards went to sir Robert
Clayton and made oath of the assault, and
had a warrant against the said Quiney, who
was taken by a constable at the head of his
company, and carried before the lord mayor
himself, who bound him over to the sessions ;
these guards also gave great dissatislactJOB
to many citizens, complaining that they had
a military power set over them. After some
time, the lord mayor and aldermen came
upon the hustings; proclamation was
made for Dudley North aiid Peter Rich,
esqrs. to come fprth to enter upon the office
of sheriffs ; they presenting themselves to
the court, the common serjeant began to ad-
minister the oaths, when Mr. PapilUon and
Mr. Dubois laid their hands also on the
book ; but the lord mayor commanded them,
in the king's name, to depart and keep the
peace ; so they departed, and several of the
aldermen, who wereof their side, went out
of the court also. After Mr. North and Mr*
Rich were sworn, they were apparelled ia
their fur gowns aud gold chains, and Mr.
Hastings was sworn under-sheriff^ which
ended, his lordship walked home on foot,
with the new slieriffs and some of the alder-
men of his party, ami were afterwards en-
tertained by the new sheriff<t in Grooers'-
hall ; and, m the afternoon, the new sheriffo
sent to the old ones to deliver jip the gaoJt
and prisons, which they readily performed.
** It b^g usual for the old sheriffs to treat
the lord mayor, &c. on Michaelraas-day*
Mr. Pilkington and Mr. Shute sent to hia
lordship the night before, that since the city
was come under a military govemmenl^
tl9] STATE TRIALS^ $5 ChaklbsII. i6B5^7nial of Tkomci PWghtgl&m t23D
«c
<(
tbev thought it no vraper time for fe«^'fie[)
ai^athererore should not eoi^rtaiii his loro-
ship to-morrow.
Oct. SS. There was klM a xtiotibil (br a
Nandflmns to be directed, to the lord mayor
and aldermen of London, for the swearingftr.
Papillioa afid Mr. Dubois into the office of
feherifi^ of London, but the court ordered
cause to be shewn oh Monday next.
Norembef . The 23rd of last month brings
the first day of the term, a motion was made
at the King'S-bench bar for a Mandamas to
be directed to the lord mayor and aldermen
of the city of London, for swearing Thomas
Papillion and John Dubois sherifft of the
Said city ; but the court thought fit to give
the lord mayor, 5cc. till Monday the 30th
of the same month, to shew cause why a
Mandamus should not ffo ; which day com-
hig, counsel for his lordship moved, that in
regard that was the day the now lord mayor
entered on his ofiice,xand was a busy day in
the dty, they desired further time to shew
cause, which the court granted till Friday
the drd of this month ; which day also com-
ing, the court put it off to Tuesday the 7th
instant, in regard they were to go into the
£xche<fuer to the pricking of sheriffs ; then
it came on the 7thj and counsel fbr.the lord
mayor objected that they would take out a
Mandamtn directed to the wrong persons,
iriz. the lord mayor and aldermen, where-
tts they ought to direct ;t to the court of
the lord mayor and aldermen ; counsel on
the other side for Mr. Papitlion and lilr.
Doboissaid, they desired nothing but that
ihe writ should go out to the proper offi-
^rs, and that the matter migut come to
ft bearhig, and it was at their peri! if they
took it out directed to a wrong person. Now
the court thought fit to put it off till Tues-
day next to consider how the practice has
been to direct Mandamuses in such cases ;
this, if it were in an ordinary case a Man-
damus, Would have been granted on the first
motion.
* At last the court of King*8- blench Are come
io a resolution in the case of the Mandamus
io swear Mr. Papillion and Mr. Ddbois she-
tifft elect, and they ordered, the 15fh, that
A Maiidamns should go directed to the lord
ftiayor and aldermen.
* An* alias Mandkmos was granted the sfiine
day fbr the swearing Mr. FapilliOtt aiid Mr.
' JKlbois sheriffif of London."];
rOEr INFORMATION.*
LoddM, it.
{(Bit remembered, that Robert Sawyer, Imt,
Attorney general of our lord the kiag, who far
* The original Indictment runstbiia:
" London $t* Quod 24 die Junit, anno reeni
!Q[>ouiuCaioli0Bciiadi nuBC Rcgia Aogl V £c
our said lord tlie king in tbis bsjalf
teth, ooBneth into court ill his ^rttperpenov oil
Friday next after fifieen davs ^ ttie Hbl^
Trini^, in this same teriBf and fbr oilr iaid lord
the king doth give ihe oOiut bare td undentand
and be informed, that the 24th da|r of iiutef in tb^
84. apud Guildhall dvit* London ousedam Gur
assembiatioQ* civiiun et lihieror* hotilin* cfvit^
London (community vocat* a Comm&ii HaUijpef
Jobaanem Moore, Mil*, adtunc et adbile lla-
jorem civit' Lgndon, summoiiit* et «oiivdcnt*
coram eodem J. Moore Mils M^^ore mii'
pnedS le^ntimo modo tetit* fyit tarn dHi ddiitf
election' Vic' civit' pro execution' Oflic* Yic'
civit' prsd' pro uno adnointepv jirox* sofneB^
post vigil' festi sancti MichacJu Areh' aOtima et
adhuc prox* futur*, qnam proi^e^stion' divcafaor*
al' officiar* civit' pned'.iqtlodq; adtanc etihideiift
in Cur* prsd* incept' fuit ntunetara capita (An-
glice to take the F4UI) de electorib' tilnd eft
3>idem prcesentib' pro manifestatione deoliMiis
personar' deservitur' in oflic' Vic' civit^ pfiad'
Sro anno suprad', quodq; pned' J. Moore Mils
la^or eivit' pripdict',- postea eddem 84 di^
JunUanno r^gni dicti Dom' Regis nunc S4 «a->
prad' apod Guildhall eivit' London* prfed^ m
paroch' sancti Michaelis BaasUbaw Laiidon
pned' legitimo modo fecit et fieri caosatitpro-
cbmaiion' pro adjom' Cm" ftwd* me ot prMor-
tar* tent' et adtunc et ibid' pr»d' J. Moore MilS
Mi^or civit' pned', cur' pned' legitimo naodo
usque diem Martis tuqc prdlx' fiittn*', aiyomant
apud Guildhall civit* London praed' tenend'^ et
adtiwc et ibidem post atyomment^ prsd', aicut
prKfertur' fact' prsd*, «F. Mooje Mil', M^or
civit' London piied' fecit et ften cawsavic ]pro-
chunatioa' jpuolicam pro deoeaiion' omnioni
personar' ibidem ex oocaaione prad'asateiUat**
£t ttkerhis idem Attorn' dipt! Domibi Rteia
nunc ^eral' pro eodett Domiibo Rm at
Cur' hic inteKigi et intdmuiri, qoMiA Thoaia*
PiUungton nnper de London Ar' et StDMiel
l^hute nuper de London Ar* (tiAio Vic' iSlvit*
London' prttd*V, el Henr* €<mtb nvati de
London Ar*, Ford Donuniis Grey de iVaikea
Thonuis Gold nuper de Lokidon lb', Johaiinee
Shorter nuper de London MH', TMwb Player
nnper de London Mil* WiMiehnna OnbtoB
nuper de London Mil*, SKnesby Bethel ntip^ de
London Ar*, Nelthlope n«|^ de ban -
don Ar', Johannes Aylifio nnper de LomUns
Ar*, Johannes EUis naner de LSndnn Ar*, Fian-
ciscus Jenks nnper de London linMar*,^ Rober*
tus Barker nuper de London Gen*, Jobnance
Beagle nnper de Londoir Pannar*, Ricbaidae
Freeman nnper de I^mdon Catfearins,' Bcswa»
min Smith nuper de Londtn G^', Richardus
Goodenough nuper de Loodoii Gnn*,' R. Kay
nuper de London Merealor, Lney KnigMUgr
nuper de London Gen*, . Jobannea WMkbam
nuper de London- Gen', Sanniel Swynft^k neper
de London Mercator, Joabna Brma Bmpdf de
London GenS Jo* Jekyfl* nnper de Lonriott
Gen*, Donnan Newmaii nnper dp JLondon
G«n*, t. Rnwbnaon nuperda Lqwton Gen*, T.
. CerpenlflrMVerdaLQiMhMt'OeiifyT.Gbailalaia
m]
m:hTltVmAM,9ie^knmlll€%s,M.mii4hf^f»MRM. [t4«
dyiM-M Qflb^city qfLpoOmi, ^pfm^oooil
ftrmrpWi^y t^? citiza^ anA ivetmeii of the
4RPiiiMype4 w4 c^llffi hy «it ^. Howe, Imgbt,
Iba and y^ VM^W «f tli^ cil^ of io«i4p«» w^
in « lawful maiiQar hM Move the said nr Joba*
Moor^, knight, mayor of the city aforesaid, a*
veUibr the due election of shenffs of the^ty
aforesaid, for the execution of the office of she-.
jiflToftbe said city for one whete year/noKl
fodoving after the Yigil of thefeaat of 8l.Michael
Wfn de London GeaS Johannes ^^U jun.
napo- de |xmdo^ Gc^S ¥^< Alsep iiqper de
LoQiloB GenS M. Bl^cito^ Q^HP>^ <^ Mkndoo
(kn% Can . Batiynan nuper de Lon^^n QenS
JdwBM Tr«nchard nuper de London Ar^,
Sn* MiPer auper de London GenS J.?rvaa By-
M nnQer de London Qea'; W. Peachy nuper
k Londc^ G?i\S et ^^ardus F^rring^^n
ifjper de Lepit^n Ar^i pniunis^' Wd' satia
^nnS sol exirten^ wsr^on' male dttppaitS et ,
wcbhiyi* et u&teniki^i' pacem dict^ Domini
Regis nunc et comnmnem tranquiHitaV hi^us
n« Awl' uiquielare) moles|aio» et pei:t9rb«re»
^pnr^T. PiQangton et & Shu^ sob colore
ifiqi ¥1^ crrit' V»d(»i pisedS et pried^ H. Cor*
aik. Ford D^mifma Giey, T. Gold Mils J.
S|orier ^^^ &^ poej^ e^ pgsta4iomament<
dS sat dii^ 94 4\e iuaji anno vegn^ dicti
ini Hegia nunc 34 supradS apnd pa^roch^
t«|c4 MJcbarifn B. London pnedS «) Guildh^U
ped* ibidein n et annis^ &c. riotow, soutoc^
ilficile, et flis^tios^ 49se cum ylur* al* person*.
iHaje difpwiit'i eti P?cis dicU I>omini Be^^
^KICtii^i^aM^S rt num^ g^fle persons**.
,4iij^« dM^JPQlBhii B|9gif^i^oc genecalS
iMpqgnit* ^fliemblayer*, congr^gaver^ et
ni4j^^yet'.9d pap^ dicti Domini Regis nunc
yfi;^dhji|»4.«.; et sipaa^embMS oon(pegmt«^ et
ysdyini* eiostenS adtunc et ibidem ¥l et annis,
«p. Tiprtqee, voifliHWi, el ilHcite, io. et sj^per pred'
J. Hoore. l|ilS Bi^i9r' c^ivit' pned' ia pace Dei
ei^acti Dfun' Regiftadtunpetibid* exiatenS hi-
a^ «^aQrai|i|n C^^, etipaiini Johapnem Moore
Jffi^ MtnaQ ei.ibifl' TerbenorerS Yulneraver^, et
n|letnM^^f^>. ita q^uod de vita ejua ma;xim^
fejperililftlur: etpostaii^n^ament'pra^f,etpror
jIunAt^* FiraodS ajc ^t lype^fertar per prafat?
4.1ipe9e ifibl* M^r' civit' prasd* $M!tf, ip^i
nff T« Pilkington et San^uel Sbut^, adtunc
<i Mto» c^tof ^ officii 8|M Yic« dYit^ Lon^kin'
udl, ^ ara4' Hispr' Cornish, Ford QM>ininu#.
^, t.Q^JUiilLS J. Shorter Mils ^^ cnm
fan^ al* fMenw^nf ^dem Attorn* dictjk Doyiini
fiaB%B||D^ flepaeral* adhuc incognitS pnefiu*
t/R efcS. SMe ilhcite et seditiqse %ia9lia9< «|t,
PiAkipgton» & Shute, H. Coraiih^ Fo«d Domi*
nils Grev, T. GoM Mils J. Shorter MUS et al<
tunc et ftiftdem pned* • illicite et male dispoait^
persons tic ut pra^iertur asseaohiat* «t congre*'
g^t* vi et annis, &c. riotose, routoae^ illicite el.
seditioae, per spatium trium horar* ad pacem
dicti Qommi Hegis nnai; perturbaad^, etriol^
pr^* committeud* excitaver*, moveaS pnnaia-
▼erS procnraFer^, e^sdtunc ^t Uadem^ per lolotti
tempos pvodidwiK in paroeh' et varda pae*
dicta GuildhaU London prvdS magnos rumovet
damores, vooilevatioBea torribilos, et inselito^
atridpresy vi et wm^ &c. riojboseV fqmIousq^ el
illicitae tuuBidjtooae, et aeditiose leoer*, et fieci
oftivwver* ^ ex«iMvrer^» in ooi^mpt* diai Dn^
mim Regfianune, leffumq; auairS paciaqne sn*
pertiirbo^nS ^ violation* manifesl«, ad magn^
pericul* indtiwd* etmovend* tumult*, eteiuaion^
quamplurimmn sanguinis iidem, ad magn*
torror*, in(|aietod*» et tin>or* omn* ligeoK* subdit'
dictji ]>oauni Hem» in makiip axemplnm omn*
al* in tab ca^n diSiuquen*, et contm pacem dicti
Domini Regis nunc, coron* et dignitat* mufm^
Sifi. Undo idem Attorn^ dicti Domini H^a
nunc general* pro eodem Doooino Begi pet* ad-^
TJsfunent* Cvr* hie in jpfseHUss* et debii* legUL
ress* versoB pnefat* T. PiUungton, $• Shutoi
Cornish, Ford Dominum Gt»y» % QM,
Mil*, J. Shorter Mil*, <Sce. in hac ^j$e fieni a4
respondend* dictoDom* Bf^de et m pratoMSsS,
(kc. per quod imeoept* fuit Via* civit* London
prad*, quod venire iao* eoa ad responds 6cc4
l^tmodo,8cil^, die Meivur* fros.^ jioattreasepR
timan* sanctve Trin*, coram Dona* Bisge apudi
WestmS ven* prted* T. Pilldngton, Sk Sinte, eH
Richfirdua Goodenough, per Benedict* Brow*
AjktcMmaiMm auuisy ethabito audita informalioni**^
prosd*, sQpamtim dicunt, quod ipsi non sunt iadai
cuip*, et de hoc pon* se sepuratim super patriam':
Btpr^d* B. ^w}iier Mil*, Attorn* Dem' Begpn
none generals ^ P^ eodem l>omino R^jfemi
h^ partly sequitur simiht', 5ic. £t super bo***'
idem Atlom* dicti Dom' B^;h( wine Ciei^ral*^.
pro eodem Dominp B^ dicit, et Cur* hie o»-,
teuditk qned TiMcaaaPi&ngtonetS. ShutoA^
il^dc^'coqtintiayer* adcsp^tanipnenmdf
tahs, thfi Foil) de person* sicad tmic
it ihi/tfwa iVr"V* a^seinhlatS tapqusm et q^a6i
tpdem pOTwm* li^te a^sei^iVlat* fiussent pro
Actione ric' ci?it* ^aod* : !^t quod prs4* T.
tl&(«ShiiEte, H. Cornish, Ford Doiiuuus Grc^
t. Gobi Mil*^ J. Shorter Mil*, 6cc. time et ibir
4pa iUkate, tumultuoaet c^seditioaa, atSim^fer*,
Ct qoili^brt eor* affirmayit, dixit, et alt^ voce
Boed* male diapcysit* p^raonij^ aflSiynaritt quod
Sd^ Johanna Moore, MilS Major civit* Lon-
; pneds illicite et i^juste assumpsisset super
« liMal* adi adjornaiid* Cur*, mm sibiprced*
4.' Mom iMMi pcftmfitali,; %wn|)im pjEveifb *£.
vl et. armis, &c. riotqi^, r^^itose et dup defend* superius nonvi&atS, V-ioeeom' cinl^
London pr^d* ad pneseos Q(iati^lt^ tamen ips*
idem Attoum* dicti Domini Begis nunc Genew
pvo eodem Domino Regt pet^ brei^ft DaminL
lUgps pis^t* Vie* LondoD dirigendS de venite
^* coram Domino Rege dutNlecim^ 8tc. ad
triand* exit^ pcaiiat* int* dictum. Domimmii
'Aegean ett partes pned*6upenu(siin forma.psied*
JuDMct* : Bt.quia pned* defend' hoonondedicS.
idoo preicept^ eat preaiat* Vic* civit* London^
quod yenire fac' coram Dom^ Be^, a die sanetit
Michaeli^ in tres septiman* ubicuiMpie, Sec*
duod«)cim, &c. per qoos, &c. et qni^ 6iCi adi
recQgn* &lc. quia tam» (xc. idem die&dat* estc
tarn pc#ftt* B. Saniytt Mil*<i qui swyittmy (Sow
J I
tiS] STATE TRIALS, 55 Chasles H. iMS— THii/ 6/ Thmgi PUkingtan [j»?4
tben and yet neict coming, as fortbe election
«f divers other officers of the said city ; and
dien and there id the said court it was beg-un to
take the poll of the eleccoi^ then and there pre-
sent, for the making known of the election of
the persons to serve in the office of sheriffs of
the said city, for the year aforesaid. And that
the said sir John Moore, knight, mayor of the
sai^ city, afterwards the said 241 h day of June,
in the 24th year aforesaid, at Guild-hall of the
said city of London,, (to wit) in the parish of St.
Michael Basstshaw, ].<ottdon, in a lawful
manner did make and cause to be made procla-
mation for the adjourning of the said cou|t so as
fdbresaid held, and then and there did adjourn
the said court until Tuekiday then next following
to be held at the Guild-hall of the ssid city of
London ; and then and there after the said ad-
' — 1
qaam prad' T. P. S. S. et R. G' &c. Ad quas
quid' tres septiman* sancti MichaeHs coram
dicto DominaRege ven' tam prsed' R. Sawyer
Mils qui sequitur, &c. quam prsed' T. P. 8. S.
et R. G. per Attorn* $uu* preed' : Et Vic< civit'
London non miser' inde breve, ideosicut al' ven'
inde Jur' coram dicto Dom* Rege in octab^
sancti Hflar* ubicunque, &c. per quos, &c. et
3ai' &c. ad recoff', &c. q^ia tam &c. idem dies
9t^ est tam praefat' R. lawyer Mil^ qui scqui-
tar, &c. quam prsed' T. P. H. S. et R. G. 6cc,
ad quas quidem Octab* sancti Hilar' coram
^Hcto Domino Rege apud Westm' ven' tam
praefat' R. S. Mil', qui sequitur, &c. quam
prssd' T. P. S. S. et R. G. per Attorn' suum
prsd', etFord Dominus Grey, H. Cornish, T.
Gold Mil', J. Shorter Mil','T. Pktyer Mils
&rc. per prsfatf B. B. Attorn' sou* similiter
¥en', et habito auditu information' prsd' se-
paratim dicunt, quod ipsi non sunt inde culp' et
lie hoc similiter separatim pon' se super patnam.
JEt prard' R. Sawyer Biil', Attorn' Domini Regis
nunc General', qui pro eodem Dommo R^e
in hac parte sequitur, similiter, &c. id^,
sicot al' ven' inde jur* coram dicto Domino
Hege in octab' Pur* beats; Mariie Virginis,
ubicunque, Sec. per qiios, &c. et qui nee,
te. ad recogn', &c. qui tam'. Sec, idem
dies dat' est tam preefaf R. Sawyer Mil', qui
seqoitnr, Sec, quam nrted' T. P. S. S. R. G.
JE'ord Domino Urey, Sec: ad quos quidem octab'
Pur* beate Mariee Virginis, coram Domino
Bcge apud Westm', ven' tam prefat' R. Saw-
yer, Mil', qui sequitur. Sec. quam pr«d' T. P.
S. S. R.G, Ford Dominus Grey, H. C. T. G.
Mil', Sec* per Attorn' siium prssd' : £t Vic'
civit' London prsed* retom' nomina duodecim'
jar*, quor* nul*, Sec. ideo preecept' est Vic'
pned', quod' discing' eos per omnes ter*, Sec. et
quod de exit', &c. et quod habeant corpora
eor' coram dicto Domino Rege a die Pisflcb' in
qwindecim septiman', ubicunque, Sec. vel coram
dilect' et fidel' Domini Reg^ Edwardo Saun-
ders Mil', Capital' Justic' Domini Re^ ad
placitaooram ipso Regetenend' assigns si prius
die Blartis prox' post mensem Paschs, apud
Gttiidhall civit' London, perfdrmam statut',&c.
Tea' pro deteu jur*, &c. idep Y\fi^ babeaot cor-
joumment, so as aforesaid made, the said sh-
John Moore, knight, mayor of the said city of
London, did make and cause to be made public
proclamation for the departure of all persons
upon the said occasion there assemUcd: and
ftirther tbesaid attorney fi;eneral d^h give the
court to understand and be informed^ That
Thomas Pilkington, late of London, esq. and
Hamnel Shute, late ofLondon, esq. then she-
rifis of the said city of London, and Heory
Cornish, late of l^ondon, esq. Ford lord Grey
of Werk, See, the said premises sufficiently
knowing, but being ill disposed jierson-;, and de-
vising and inten£ng to disquiet, molest and
trouUe the peace of our said lord the king'^
and the common tranquillity of this kingdom
of England, they the said Thomas Pilkington
and Samuel Shute, under colour of the office of
pora. Sec. ad recogn' in formapriBd', Sec, Idem.
dies dat' est tam pneftkt' R. »iwyer Mil', qot»
&c. quam prsed' T. P. S. S. R. G. FOrd
Domino Gi-ey, H. O. T. G. MU', Sec, ad
quas 'quidem quinque septiman* Paschie, isto
eodem tcrmino, cor' Domino Bjege apod
Westm', ven' tam' prafiit* R. S. M'd', qiu
sequitur, &c. quam praed' T. P. S. S. R. G.
Ford Dominus Grey, H. C. Sec. per Attorn*
suum praed', et pnefat' Capital' Justic',
coram quo, See. mis' hie record* suum corani
eo habits in haec verba, Postea, die et loco infra
content', coram infra nominal' Edwardo Saun-
dei<8 Mil', Capital' Justic' dicti Domini Regis
infra scripf, associat' sibi Edwardo Watts Gen*,
per foniiam statut', &c. ven' tam infra nominat*
K. Sawver Mil', Attorn' Domini Regis mine
Generaf', qui' sequitur, Soc. quam pned' T. P.
S.S.R. G. Ford Dominus Grey, U. C. &c.
per Attorn' suum infra script' : Etjur* jurats
unde infra fit mentio exact' ven' et in jnr' ill«
jurat' existunt, et super hoc publica proclama-
tiopro Domino Rege fact', prout mos esi, qood
si aliquis sit, qui prcfat' Capital' Justic', aut
Servien' dicti Domini Rcfna ad legem ; aut
Attornatum ilicti Domini Re^ Generalis^aiit
jur' prssd', de infra content' inlbrmare vellety
veniret, et audiret ; et super hoc Geoigius JeT-
fereys Mil' et Bar', ex parte dicti Dom' Reg* ad
hoc fac* se obtulit, super quo process' est per car*
hie ad caption' jur' praed' pro jur* nrsed' modo
compareil', qui ad veritat' de infra oontent',
elect', triat', et jurat' super sacramentiim pned*
dicimt, quod oned'T. Gold Mil', J. Brooks, W.
Miller, T. Charlton, D. Newman, J. Jekyll
junS B. Alsop, M. Meriton, J. Trenchard, et J.
Byfield, non sunt culp', nee eor* aliquis cidp^
estde premiss' in informatione in recordo pned*
mentionaf , prout interius plaettando aUegaver*:
et ulteritts jur' prsd' super sacramentum suum
pned' dicunt, quod pnrd' T.Pilkinglon, 8. Shute,
Ford Dominus Grey, T. Player Mil' S. Betbett
Arms FJenks, J.Deade, R.Freeman, R.Good-
enoufi^h, R. Kay, J. Widcham, S. Swynock, et
S. Jekyll sen', sunt cuTp', et qnilibet eor* est
culp' de premiss' in intormatione infVa'scrij|it'
mentionat', prout per raformation' pned* intenua
versus eo0 suppoaitur, ideo, See,"
es] STATBf TRIALS, 35 Oharlb« Ih 1 66$.'^ndMeri,fi4' m
[%26
therifh of the said citv.of {london, and the said
Hcoffj Coraiab, Pord lord 13rey, ta^d others
afterwards, and after the adjournment aforesaid
(to wit) thesind24thday of June,in the 34th
year aforesaid, at the parish of St. Michael
Baasiahaw, London, aforesaid, in the said Guild-
hall, there with force and arms, riotously, rout-
aody, unlawfully, and seditionslv, did assemble,
congregate, and unite themselves with very
many other ill-disposed persons, and breakers
«f the peace oT our said lord, the king, to the
nomber of 1,CM |)ersons, to the said attorney
ffeneral of our said lord the king as yet un-
KBOwn, to disturb the peace of our said lord the
king ; and being so assembled, congregated,
and united, (hen and there with force and aims,
Sec. riotously, routously, and unlawfully, in
and upon the said sir John Moore, knight, mayor
«f the city aforesaid, in the peace or God, and
•or said lord the kine, then and there beingp,
did nudEe an assault ana affray, and him thie said
nr John Moore, knight, then and there did
beat, wound, and evil-mtreat, so that of his life
it was gretttfy despaired ; and afler the adjouni-
meat aforesiiid, and proclalnation so sis afore-
said made by the said sir John Moore, knight,
niATor of the said city, they the said Thomas
Firiungton and Samuel l^ute, then and there
by colour of their office of sheriffs of the said
City of London, and the said Henry Cornish,
Ford knrd Grey, &c. with divers other persons
lo the said attorney-general of our said lot d the
Idns^asyet unknown, unlawfally and sediti>
OBsiy aiding and assisting the said Thomas 1^1-
kinijgton and Samuel Sbute with force and arms,
dee. rioioosly, routously, and un1awfiilh% did
there continue to take the poll of the ])ersons
so then and there unlawfully assembled, as if Ihu
said persons had been lawfully assen^blcd for
the election of sheriffs of the said city ; and that
the said Thomas Rlkington, Samuel Shute,
HeiUT Cornish, &c. then and there unlawfully,
tnmultvoiislv, and seditiously, did affirm, and
erery one of them did affirm, say and with a
kmd voice to the said ill-disposed persons a Hi mi,
fhat the said sir John Moore, knight, mayor
of the said city of London, did unlawfully and
umostly assume upon himsdf the liberty to
a^oum the said coort,'which did not belong to
bim : and that the said ThomtTs Pilkin^on,
Hamnel Shute, Henry Cornish, <&c. then and
ihoe, the said unlawful and ill-disposed persons
so as aforesaid, assembled and 6oii<;regated
with force and arms, riotously, routoiisl^r, un-
hwfollyy and seditiously, by the space of three
hDors to disturb the peace of our said lord the
long, and to commit the riot aforesaid, did stir
ap, move, persuade, procure, and then and there
by the whole time aforesaid, in Guild-hall,
London, aforesaid, in the parish aforesaid,
grest nunoors, cries, hoUowin^s, and terrible
asd unwonted noises, with force and arms, Sec.
' lioloasly, routously, unlawfully, tuniultuously
I sad sexutiously, did make and cause to be
aade, and did stir up, in contempt of our said
I lord the king, and the manifest disturbance and
; ii(4alion orhis laws, and his peace, to the great
yoL. IX.
danger of stirriog up and moving of a tumult,
and the spilling of much bfood there, to tha
great terror, trouble, and fear of all his ma-
jesty's liege -people, subjects of our said lord the
King, < to the ill example of all others in the
like case oflTending ; and against the peace of
our ^id lord the king, his crown and dignity,
&c. Whereupon the said atlomey-general of
our said lord thekinff, for our said lord the king,
pray eth the advice or the conrt in the premises,
and due process of law against the said Tho-
mas Pilkmgton, Samuel 8hute, Henry Corni&h,
Ford lord Grey, Sec. in this behalf to be made
to answer our said lord the king, of and in the
premises, Sec.
[To this Information the defendants had
pleaded Not Guilty.]
Cryer. You good men of Nisi-Prios, sum-
moned to appear here this day, between our
sovereign lord the king, add Thomas Pilkin^-
lon, and others, defeildants f answer to your
names^ and save your issues.^
The Jury appeared.
Mr. Sommcn. My lord, I anl to challenge th>
array.
31 r. Thompson, My lord, I desire this chal-
lenge may be read.
The Challenge read in French.
Z. C. / (Sir Edroond Saunders*). Gentle-
men, 1 am sorry yon should have so bad an
opinion of me, as to be ^o little a lawyer not to
know this is but a triQe, and nothing in it.
Pray, gentlemen, do not put these things ui^oii
me.
* A very curious account of this Chief Jus-
tice Saunders is given by Roger North in his
life of his relation. Lord ICeeper North. It ap-
pears that Saunders at tirst was no better tlum
a poor beggar boy, if not a parish found liug,
without known parents or relations. We hear
of him early in fife contrinng to subsist in Clc-
mcnt*8-inn by obsequiousness, arul courting the
attorney's clerks for scraps. His extraordi-
nary attention, diligence, and what Roger
North cnU.4 observance, disposed the members
of the Inn to countenance him. As he appear-
ed very ambitious to learn to write, one of the
uttomtcs frot a board knocked up at a window
on the top of a staircase, and that wa$ his desk
where he sat, and -wrote after'copies of court
and other hands which the clerks gave him.
He thus made some pence by hackney-
writing. In this occupation by degrees he
acquired a conversancy with forms, which
branch of knowledge he cultivated and so far
improved himself in it, by the study of books
which he borrowed, as to be, in North's phrase,
an exquisite entering clerk. By perseverance
he became in a few years an able attorney, and
then an eminent counsel, first in special plead-
ing and afterwards in general business ; so that
while h^ was at the bar his practice in the Court
of King's-bench was not exceeded by that of
any hamster. His art and cunning were
I
M7] STATE TRIALS, $S CHarxes IL i6S5.— Tnrf of TkmMs
[21S
lord.
X. C. J. You W9uld not have done ibis before
another nidge : vou would not have done it, if
sir Matthew Hale bad been here.
Mr. Thompson. My lord, I bebeve if there
had been nothing in it, it would not have been
aigned.
Mr. Attorney General (sir Robert Sawyer.)
Very few but Mr. Thompson would urge iL
Mr. Thompson, I do not know whether you
think so, or not, Mr. Attorney ; but I have a
ereat deal to offer, if you please to answer it.
We offer our Challenge in point of law.
X. C. J. There is no law in it.
Mr. Thompson, We desire it may be read in
English.
X. C. J. Why ? Do you think I don't un-
derstand \X ? This is only to tickle the people.
The Challenge read by the Clerk ac-
cordingly.
Serj. Jefferies. Here's a tale of a tub, indeed !
X. C. /. Ay, it is nothing else ; and I
wonder lawyers would put aucn a thmg upon
me.
Mr. Thompson, My tord, we desire this
Challenge may be allowed.
' X. C. X No, indeed, won't I, there is no
equal to his knowledge ; and his success in the
causes in which he waset^^aged was frequently
effected by snares and other tricks of his con-
trivance. The detection and even the exposure
of his oractices, however base and however dis-
Sraoenil they might have been, seem never to
ave distreitfed or disconcerted him. Upon
such occasions he had recourse to some jest,
with which sort of evaibion he was very ready,
and as it appears very successful. In the pro-
ceedings upon the Quo Warranto against the
citj^ of London, he was much employed for the
crown. Of his personal appearance the hea-
viness and awkwardness is said to have been
as uuoommon as the promptitune and vivacity
of his intellect. His oody is represented as a
lump of morbid disgusting and oftensive matter,
fuid the same brutish insensibility of shame
which disposed him to consider his base viola-
tions of the lowest honesty as matter of mirth,
enabled him to indulge in gross and odious ef-
fusions of coarse and vnl^ jocularity upon
the most loathsome concomitants of his diseases.
He was the author of a book of Reports, which
are composed in an admirable simplicity of con-
struction, and exhibited with a lively interesting
dramatic air, and in a style of exquisite terse-
Mr. TJumpson. 1 desire it may be read, my j colour for H ; and I am apt to think, tfierc ar»
not many lawyers in England would bav*
put such a thing upon me : because I am
willing to hear any thing, and where there it
any colour of law, i am not willing to do amiss t
Therefore you think 1 am now become ao
very weak, you may put any thing upon me ;
without you think I was always so, and there-
fore may be so at this time. For, pray now
consider, if so be the king's counsel should
come and plewl this Challenge, what would b«
the consequence of it P I thought you would
have said, that the sheriff had been a-kin to
the king, but you have made it worse. Yon
do come with a long tale here of the whole
merits Of the cause, and more than Vet doth
appear ; and by this you would have tm chal-
lenge to be allowed : in such a case a man may
come and tell a tale of the merits of the cause,
and then it must be tried by the Challenge. If
the sheriffs do return an inquest for the kin|c,
and the sheriffs do hold of the king a fee-farndy
or have a pension or an annuity from the king*^
the book doth say, that in some cases it is s
Challenge ; for though they cannot be chal •
lengcd as being favourable for the king, yet
for those reasons they may be challenged.
But what is here? Here you tell a lOng pro-
cess concerning a difference.between the mayor
and the sheriifs, and all this matter is wrapped
up all together ; and if all this were true, it m
no Challenge at all.
Mr. Thompson. We shall speak witli all sub-
mission to your judgment, my lord. — Good
Mr. Attorney, give me leave.
'Att, Gen, I move for yon.
Mr. Thompson, If you please, you may
move for yourself; T don't need you to move
for me. My lord, with submission, the infor-
mation is not good: My lord, it is an in-
formation that doth set forth, tliat my k>rd
mayor had right of adjourning the poll, when
an election is to be for sheritls. My lord, if he
had not that right, it can be no riot according
to this information. My lord, upon his ad-
iouming, Mr. Sheriff North was cliosen : My
lord, if tliat adjournment was not according to
law, Mr. Sheriff North never was sheriff of
London ; then, my lord, here is the case in this
question of title; for Mr. North doth come in
question. Whether he be a legal sheriff of
London? • _ .
X. C. X Prove to me now that of sheriff
I North; pray what annuity, pension, or fee-
; farm hatn he as sheriff of London, whereby he
is concerned?
Mr. Thompson, My lord, there are other rea-
ness and precision. Lord Mansfield denomi-
nated him the Terence of Reporters. It must sons which \ shall sfiew to you ; and the first
not be omitted, that the learned seneant Wil- , reason, my lord, in this case, is this ; it wOl
liams has by bis notes rendered the ust etlition ! appear the election of Mr. North is interested
of Saunders's Reports a profound, perspicuous, ! in this matter ; and sir John Moore had not an
ample, and most instructive and satisfactory opportunity to adjourn the poll, Mr. North was
digest 6f the law, respcctiojnr the important not chosen duly sheriff; now, if thesheriff^s
topics, which were agitateil in the causes re- choice come in question in point of right, it is e
ported by his anthor. Since this note was good Challenge.
prepared, the profession has been deprived by ; X. C. X In point of profit it might be tao,
daath of the learned Serjeant. and not in all cases neither ; for he Uiat holds
S99J STATE TRIALS, 35 Charlss II. l683.— Mif aiker§^Jvr « Riot. [2dO
you sa; nothing, that the Venire should not go
to North. ^
Mr. Thompson. No, my lord, I pray, good
my lord
L. C. J. Should it have gone to Dudley
North, and then hare been cliAllenged for him f
Mr. IhfmptOH, No, I beseech your lordship
we do not say so. My lord, we say. That
whereas they do charge in the information,
that there was an assembly for the election of
sherifis and that sir John Moore beinff then
mayor, did lawfully, according to law, aqjoom
this assembly ; and that aiWwards the de-
fendants, PiJldngton and Shute, did continue
this assembly, and took a poll, and so they
would make this a riot in the continuance of it .
My k>rd, we de say this. That the election of
Mr. North upon this, point doth come in <{ues-
tion ; and my lord, we do say, That if that be
not a legal adjournment, then Mr. North is not
legally chosen.
L, C. J. Right, BOW yon have told it in
more words.
Mr. 'rhomp$on. We say. If the election b«
interested, they are all partiies by law.
Se^. Jeff", Who would you have the process
go to ? — Mr. Thompton. To the coroner.
X. C. J. Very well, upon my word. If he
weresheriif, it cannot go to the coroner, vou
know, and therefore if he were challenged, to
go to the coroner—-—
Mr. Thon^ton. * Sub judice lis est,' my lord.
Serj. Jeff", We desire for the king, that the
challenge may be over-ruled.
L. C. J, Ay, ajr.
Seij. Jeff, I desire the jury may be sworn.
Mr. mllianu. Certainly if tliey be impa^
nelled by persons that are not sheriflb, that is^ a
m tapUc of the king, cannot be chal-
lowed for all that
flDr, ThoK^MBon, I think, my lord, this is a
commoa case in our books. That if in case a
sfaerifTbecxmcemed m point of title, this is a
princiiial challenge, because that he is^ inte-
rested in that titfe, he is no person by law to
retom a Jnry . I do not doubt but your lord-
ship will do that which is right, and according
to nw. My hnrd, I say, where a sheriff is in-
terested in pMoint of title, he is no person by law
to retotn a juir, and this question will appear
pfaunly upon this information \ for if in case
Diis was not a lawful adiouinment by sir John
Moore, this is not a lawiul return Gentle-
men, my lord I know will hear me, if you
l^ve but patience ; I always speak and stand
m for my clients as 1 ought to do. If you
Dlense to let me have liberty, t have my ferd's.
If a sheriff be concemed in point of title, it is
a ptincipal challenge, and the sheriff ought not
to return the jury, but the coroner : And, my
lor^y much morem this case ; for that the very
title to the office of sheriff is here in question,
and therefore he is no person fit to return this
jviy, my lord. We desire your lordship's
^pinion.
X. C J. Mr. Thompson, mefhmks you have
fiMmd out an invention, that the king should
never have power to try it even so lon^ as the
irarld stands. I%iy you, sheriff North is not a
i^ht shoiff, who should have been? Why,
say jou, Dubcns and Papillon, or one, or both
of ^esn. Nov the king he hath brought his
wiatfoft a riot.
Sen. Jd^ And an assault and battery upon
mtimok Moore.
Mr. Tkommnn. That is a fiction.
L, C. J. The king hath brought his suit,
and brongfat it to an issue. Why now, if so
be this e&allenge should have any thing in it,
then the king must have challenged North,
and what must he have done then r Why, for
Fspilkm and Dubois,^ they are not sheriflb
n cKT/v, dien, say you, the coroner. Pray,
Mr. Thompson, if so be the king had made the
Veniie either to PapiQon or Dubois, or to the
coroner : Whedier or no had not the cause
been found against the king, before one word
had been saio actually for him ? You say the
enestion is. Whether be be a sheriff or not ?
n the kinff had challen&^ed him, and made the <
Voure to uie coroner, mr God's sake, had not
that made an end of the question ?
Mr. Thim^um, No, my lord, not at all.
i. C. J. Now ? Then I understand no-
tbi^.
r- Thampton. My lord, if the sheriff ap-
pear to be ooncemed, it doth not determine toe
1. C, J. But it does by yourown opening
w. Yon say the question is, for which you
4» now challenge the array, because it is re-
tnraed by • sirDndley North, supposed to be
Mieof the shcrifb, and tell the whole process,
kov that in taith it is a question whether he
itasfaeriff ornot; and thtrefore, say you, or
good challenge, that is admitted by every
body ; now we have made a challen^, and that
is a good cause of challenge certainly, if that
were the cause. But now, my lord, I must
confess what your lordship says, it is a difficult
tnatter to challenge any array, because they
are arrayed by a person that hath an interest,
or some such thing that is a challenge of the
array, but that is not the matter in this caa^
It cannot be denied, if these persons were not
sheriffs of London, that that 18 a good cause.
I take the result of the challen^ to be this :
Say we, the principal question of this informa-
tion, the riot, will depend ' upon this questiosr,
whether there were a regular adjournment, or
uotP There,, say we, b^ins the question of
the riot. If so be that my lord mayor of
London that was, bad power to adjourn the
court, and it be admitted a regular adjournment,
certainly the riot would follow, and what fol-
lows then ? Tlien comes on a question, and it
is immediately consequent upon it, that these
genttemen be actual sheriffs of London, they
being actually chosen upon this adjournment,
thejr are actually sheriffs ; But if reall v , my
lom mayor had no power to adjourn, and that
power was in the sheriffs, that they were ac-
tually taking the poll, and the poll was for Mr.
Dubois and Mr. Papillon: HhsA the question
43 1] STATE TRIALS, 35 Charles II. i683.— THa/ cf Thom$ Pilkmgt^ itt$^
if, if so be the adjournmeDt by my lord mayor
were not a goo> adioumment, then the iioU
wa»a regular poll taken by the sheriffs, then
Gonseqiieutiy those that were elected upon that
were truly chosen, and then it is a right chal-
lenge. These gentlemen, I must confess,
they are sh€ri6s dc facto i hut we know very
well there may be soeriffs de facto^ and there
may b6 other sheriffs dejure, these things are
very consistent. If so be that Mr. PapiUon
anrf Dubois be duly elected, they are sheriffs
de Jure, but they want the formality, for they
are not sworn, and cannot return a jury. On
the other side, the sheriffs are sheriffs de facto,
but not legally chosen, and the riot will depend
upon that question, of the other persons that
are sheriff's de facto and not de jure. This we
sasrgest in this, whether your lordship will re-
ceive this challenge, or whether your lordship
will proceed first to the trial of the cause, and
let this follow. My lord, might not there have
been something in this case upon the roll at
Westmiostef ? Might there not have been a
surmise to this ]mrpose, because there is such
a question upon the roll f For it appears, that
the comnjon hall was for the election of she-
rilFs, and that it was adjourned by the mayor ;
Andwhnt ti'llowcd? Might there not be such
a surmise, that the Venire facias should not ijo
to the sheriffs, but to tHe coroniT ? Mignl
there not have been such a thing ?
L. ' C J, My speech is but bad : Let me
knmr w Itat objection is made, and if I can but
retain it in my raem'?ry, 1 don't question bi|t to
give you satisfaction. If the king had brought
ab intbrraation against Mr. Sheriff North, and
"Charged him with a crime, there is no manner
of question, that the king should have chal-
lenged as he was a sherift*, and sent the Venire
to the coroner, or other ofScer ; here he is not
accused, nor to be acqutttcfl, of any crime.
Gentlemen, I put you upon this, if so be that
the sheriff of London should get a great deal
of money, (but I never tlnde:*stood, that he got
by it) ff you prove, that he hath got any coii-
siderRble matter by the ofiice, it would be some •
tiling in the case, that he should be greedy of
the office. Biit look ye, on the other side, if
there be nothing in if one way or another, that
there Is profit accniing to him by the office,
what cau the law say ? But liere was the ques-
tion betwcwi, indeetl and in trnth as you do
open it, between the mayor, sir John Moore, I
think, and the sheriffs that then were, that was
the question between them. Now what is this
in point of law, rhat the sheriffs must be chal-
lenged ? They must be challengted, because it
is returned by these 'sberifft. ■ You can't say
the sheriffs do fasrour—theking.
Solicitor (Jeneral. My h>nl, we trouble
year lordship about a question very unneces-
«ary : The sheriff is not concerned in this ques-
tion, neither can the consequences affect the
aberiff any way.
Sir Frc. Winn. Mv lord, if I don't ^ew
that he is conceited, dotwitlistandlnjQ^ what
•Mr. Solicitor says, it ia . another matter. If
this had been noon a common riot, and not
related to the election of. sheriffs, it wouM
have been faardef against us. I only offer
a word' or two, and submit to your lordship.
This information doth take notice of tbe^ dec-
tion of sheriflfe, and of an irregularity in dis-
torbing the late lord mayor about aidioumin^
the poll : 1 do believe, my lord, it will not t>e
denied, but that in this cause a riot or no riot
will depend upon the poll, or the mayor's ad-
journing. It that be so, that which your lord-
ship is pleased to urge, that the sheriff gets no-
tiling, yet that he hath assumed the office d€
facto, appears by the return, that is very plain,
my lord, he hath assuitied it, and did exercise it.
R it appear to be legal or illegal upon the aii-
joummcntby the mayor, then it must have
one of these two consequences. My lord, I
humbly conceive, till the sheriffalty had been
agree«f, it wonld have done very well for BIr,
Attorney to let this riot alone, unless he woakf
have made it a common riot *, if be wonld have
been plea.sed to stay till the law had determined
who had been the right sheriffs, then process
would have gone for the king. And, my lord,
there is another thing under favour : If Mr.
Attorney had been pleaded to prosecute for the
king, then surely, my loid, there was away tQ
lay it so that the process should be returned
by persons uninterested, and ]not by the she-
riff whose election is in controversy : I don't
argue out of the record, but by the record it-
self. If in case it doth appear still to be imder
consideration ; if that be so, I do humbly oin-
ceive, because that right of elpction of sberiffii
is undetermined, that therefore he might have
made the process to the coroner, if he would
have made h before ; but it should not be heard
befoix' the election of the sheriffs,- because it
will be a riot, or not a riot upon that.
L. *C J. Good now, sir Francis, yon mifltake^
it could not be to the coroner.
SoL Gen, My lord, it ?s but wearying yon^
lordship to no purpose.
Mr. Wallop. If he be not a sheriff^ that title
of his dcpeuding upon my lord mayor's ad-
journment, which is reasonably set forth, it is
concerne<I in the consequence of the cause.
Att, Gen, If you please, my lord, 1 will
answer what hath been said. Mr. Thompson
did first urjre according to the rules of law, if
the matter ibat appears upon the record be the
thing in question ; that if the sheriff be inter-
ested in that matter, that that is a good c^use
of challenge. That is a good rule, and the
law is so ; but that is nothing to this purpose ;
niy lord, here upon the reconl there is nothing
in question but a fine for the king, nothing to
he recovered : where londs are in question, as
in an ejectinent, if the sheriff be interested in
that land, in that case that is a good challenge ;
nothing to the purpose. Then thgr say it ap-
pears in the record by recital, and in the infor-
mation, fbf that is the substance of all they
tO] STATE TRIALS, .35 Charles II. WM.^Mnd Ukenjor a Riot. [?34
saj : it dotb appear there, as it is said, that
the mayor 4liil adjoam the court, and so the
WKStion of the riot will very much stand upon
neTalidity of that adjournment. But it dotb
Dot wholly stand upon that ; for there are
many omtrag^eous actions, assaults of the
mayor, throwing-off his hat, great clamours ;
thrusting and pressing many of the aldermen ;
nay, fanusing tliem ; so that this riot, not-
wittistanding the* adjournment, be that as it
wili, will appear, in the upshot of the cause, to
be a riot, notwithstanding that question. But
in the second place, die question of Mr. North's
bong a sherin, or not a sheriff, no ways de-
pends upon this adjonrBmeut, no pretence of
the title depends upon tlxat ; so, my lord, they
bate sug^gested a thing that is foreign to the
record ; it depends purely that, upon a custom
of the dty for my lord mayor to elect, not upon
the power o^ my lord mayor's adjournment ;
for alter that they proceeded on with the former
choice of Mr. I'apiUon and Mr. Dubois ; so
that whether that adjournment be a good ad-
joamment, or no good adjournment, nis title
will depend upon £at, whether at the second
meeting or no Mr, Papillon and the other gpc-
tleman be" well chosen, and Mr. North not
well chosen ; so that his title doth not depend
upon this question one way or other. But,
mv lord, that which makes this as frivolous a
dung as ever was urged in a court of law, my
k»rd, that it should have been upon rulehefore
any direction to the sheriff or coroner, if they
wouKI have had process ; they have sug-gested
matter of fact wholly out of the record, matters
have been suo^gested, that it might have been
tried fiefore it came to direction ; now there
appears nothing in the record to bring a chal-
lenge to try the matter ; nay, as they tliem-
■elves say, it is to try the merits of the whole
information, that the informadon depends upon
that question, whether the mayor may ad-
journ ? It is a great usurpation upon the go-
TemmoDt of this city, as they have done in
cdier things to the king. My lord mayor is
Ac supreme ma^strate here, and the sheriffs
have nothing to oo in this ])Qint, and therefore I
pray it may be over- ruled, and that the jury
may be a worn.
ifr. Thompson. We would have, my lord,
the benefit of a bill of exceptions.
8eij. Jefferies, Swear the jury, swear the jury.
Mr. Thompstm, I have another challenge.
L. C. J. 1 tell you plainly, I see nothing in
it for a' bill of exceptions.
Mr. Tkompson. We desire we may have the
knefit of a bill of excqrtions. my lord, if
this he the case of trying & not, we must take
vbat advantage we can in point of law.
Scij. Jefferies. We come to counsel the king,
asweougnt to do, by law.
Mr. 'Jniompson. Wfy lord, I challenge, on the
behalf of my lord Grey, this jury. [Challenge
retd.]
Seignior Grey.
Ait, Gen. They call that a Newgate chal-
Mr. Wttlfop. That was a challenge taken at
the Old Bailey.
Mr. Tfiompson, And over- ruled.
Serj. Jefferies. And I pray it may be so bare.
L. 6\ X i think your challenge is, that .
they are not sheritl's ?
Mr. Thompson. My lord, is the fact true or
false ? I desire of these gentlemen, if it be in*
sufficient in point of law, let them demur.
Serj. Jefferies. Pray tell me, llobin Hood
upoa Greendale stood ; and therefore yuu must
nut demur to it.
Mr. Thompson. If the chaUenge be not good,
thei-e must be a defect in it eitlier in point of
law, or in point of faot. I desire, on the be-
half of my lord Grey, this challenge may b«
allowed.
Serj. Jefferies. And I pray for the king, that
it may be over-ruled.
£. C. J. I think you have owned them to be
sheriffs already.
Serj. Jefferies. My lord Grey did own it in
his challenge, because there wei*e no knights.*
L. C. J. We try a great many Nisi-Prius
here sometimes, two or three days idter tha
term, every deleUdant, that thinks it goes hard
with him, we must have a trial still, whether
the sheriffa be sheriffs, or no ? This that you
have done now, may be done in every cause
that we may be trying. Upon your evidence
• " February, 1683. The I6th was a trial
at Guildhall, before the Lord Chief Justice
Saunders, touching the pretended riot atth#
election of the present sheriffs of London^
against the lord Grey ofWerk, sir Thomas
Player, Mr. Pilkington, Mr. Shute, and se-
veral others, the jury being returned by North
and Rich, the two sheriffs, and a good one it
was, being in their own cause, a chaUenge waa
taken to the array, for that no peer" [qu.
knight] << was returned being m the case of
a peer of the realm. The challenge, was al-
lowed and so it was pot off to the next term.'*
Narcissus Luttrell's *' Brief Historical Rela-
tion," &c. MS. in All Souls' library.
See, too, S. C. Skinn. 117. 3 Mod. S62.
But now by st 94 G. Q, c. 18, s. 4, after a
recital that great delays did frequently happen
in trials where a peer or lord of parliament was
party, by reason of challenges to the arrays of
pannels, of jurors for want of a knight's liein^
returned on such pannels, for remedy thereof it
is enacted, ^* That no challenges shall be
taken to any pannel of jurors tor want of a
knight's being returned in such pannel." The
report in the text does not at aU disagree with
Luttrell's account of the Reports in Shower
and Skinarr. The challenge for want of a
knight appears to have been made when the
cause was called on at the sittings alter Hilary
Term, 34 and 35 Car. 2, whereas the trial aa
reported in the text, was not had till nearly
three months afterwards, and there seems not
then to have been any deliciency of knights in
the pannel. {t appears thatthe nva persona first
sworn upon the jury were knights.
SSS] STA1X TRIALS, 35 CiUALBi IT. l6BS^THal of TkwM Pilkmgiom [2S6
if yoa can prore them none, you go » great
way.
Mr. Thompson, My lord, we denre the
dwlleoge may be allowed, or otherwise a bill
of ezceptioDS. My lord, we pray a bill of
exception^.
Seij. Jefferies. This discourse is cmly for
diaooarse sake ; Ipray the jury may be sworn.
X. C. J. Ay, ay, swear the jury.
Sir Benjamin Newland, &c. sworn.
Mr. Thompson. We challenge Mr. Fensil ;
be bath given evidence in this cause at the
council-table*
X. C. J. What then ?
Ait. Gen. My lord they shall have all fair.
L, C.J. Mr. Attorney says be won't stand
upon it.
Mr. Thompson. My lord, we pray a bill of
exceptions.
L. C. J. I think many would not hare
offered it besides you. Shall I go and sign a
bill of exceptions, to let all the world know
this is so, and so all the world must try whether
they be shehfts of London ?
Mr. Thompson. My lord, do not say so ; for
I think all the counsel in the court would.
X C. /. If it doth fall out, that in truth they
do not happen to lie sheriffs, surely you shall
iiave all tne advantage that can oe for you ;
but pray do not think, that I will put off a
Irtal upon every suggestion that the sheriffs
are not sheriffs. You shall have aU that is
law by the g[race of God, and I am not afraid,
that you or any num should say, I don't do
justice ; I am not bound to gratify every man's
nnmour ;* I am to do according to my con-
science, and the best of my knowledge, and ac-
oonling to my oath ; and I will do that, and
gratify no man.
Sir Benjamin Newland, Sir John Matthews,
Sir John Buckworth, Sir Thomas Griffith, Sir
Edmund Wiseman, PercivaT Gilbnrne, Henry
Wagstaff, Barthol. Feriman, Thomas .Black-
more^ SamUel Newton, William Watton,George
ViUars, jur.
Crytr. O yes, O yes, O yes. If any man
^ can inform my lord the king's justice, the king's
^ acigeant, or the king's attorney, or this inquest
now to be taken, &c.
Mr. Do/^en. May it please your lordship,
* In proceedings in which, under the statute
of Westminster the second 13 Ed. 1, st. 1,
c. SI, a bill of exceptions lies, the judge is
obliged to seal such bill. See the stat ; Run-
nington's ed. of Hale's Hist, of the Common
Law 990; Tomlins's l^w Diet. 3 Blacks.
Comm. 379. It appears that in Rich. v. Player,
aarej^rted by sir Bartholomew Shower (p. 368)
next immediately after this case of Pilkmston
snd others, a bill of exceptions was allow^ on
a challenge of the array. As to the form of
prooedare upon a biU of excqitions, see in this
CoiOsction Leach against Monfjy and others,
i. n. 1765.
and you, gentlemen of the jury, this is an In-
formation Drought by the king against Thomas
PiUdngton, &c. Gentlemen, the Information
sets forth. That upon the 24th of June last,
in Guildhall, there was a common hall supi-
moned by sir John Moore, knight, and there-
upon held for the election of sheriffs for the
year then ensuing the feast of St Micha^:
and that on the same 24th of June, sir John
Moore, then mayor, adjourned the court tUl
the Tuesday following by proclanmtion. That
after the said adjournment, my lord mayor
made proclamation for all persons to depart:
and that the defendants, intending to disturh
the peace of the king after the a'ljournment
aforesaid, did unlawfully, With many persons
unknown, meet together, and riotously assault
the lord mayor. And afler the adioumment
by proclamation, tivo of the defeoJants, Pit-
kmgton and Shute, by colour of then* office aa
sheriffs of this city, and the rest of the defea-
dfints, did continue the poll, and unlawfuU j
affirm to the people, That sir John Moore had
no power to adjourn them. And that they con-
tinued this great tumult three hours, to the
terror of the king's subjects, and the eidl ex*
ample of others, and against the peace of our
sovereign lord the king. To this the Defen-
dants have pleaded Not Guilty, &c.
Attorney General. This Information, my
lord, is brought for settling the peaee in this
city, and to shew before you all, who is th«
supreme magistrate under the king in this city i
for that, gentlemen, you see, is grown a great
<luestion. Whether my lord mayor is not only
in the hall, but in his chair, the supreme ma-
gistrate ?
Gentlemen, I must acquaint you, that my
lord mayor in all times, even liefore the ci^
had the election of him, was the king's lieu-
tenant, and the supreme magistrate in the city,
and no public assemblies could ever meet
together without his sununons; he was tiie
great and chief director, and this 1 believe ia
all your observations that are of the jury, I
can make it evident, that this hath been tha
constant frame of this government in the city :
for the sheriffs, g^tlemen, they are no corpo-
ration officers, they are county officers, as ia
all the counties of £ngland; and they are the
king'troffioers for the execution of the king's
writs, and the preservation of the king's
peace ; but the government of the corporatioii
IS in the mayor, and not in the sheriffs. Gen-
tlemen, the question now arising here, is ahout
the election of sheriffs ; it is true there were
very disorderly tumultuous proceedings ; ray
lord mayor he comes and doth appoint another
day for them, and discharges tnem at that
time. We will make appear to you, that it
was always his right in all times, both to sum-
mon a common Iwfl, and dissipate it, and ap-
point them another day, or to dissolve them,
as the mayor did see cause. Tlie mayor hav-
ing, according to the ancient manner, ad-
journed this eourt, the sheriffs they proceed ;
do not only refuse to obey, but they proceei^
137] STATE TMAIA d^ Cil aklbs Uf i6S9.-- mil i^heriffmr n JUol. [23»
lad mke prodamaliony that it m not in the
power of tbe mayor, takioff upon them that
whidi never anj sherifls du in any time ; they
mke proclamation contrary to what the mayor
M done, and continue the poll, and proceed
nd pfrodaim the mayor had usurped that
p0«rer which was thorns, though allerwards
they transferred the supreme power to the
Ererymen ; but I think no age will siifTer, that
the supreme jpower should be in the livery-
men, tiuU are expressly ap^inted to act by a
common council, whicn is indeed the repre-
KotatiTe of the whole city. But this, gentle-
nen, bang'done by thesherifis haviug usurped
the power of the mayor, they did pn^eed in a
Moos manner; when the mayor attempted
to go out of the ball, they strucK him, struck
his hat off, and pressed several of the alder-
nen ; the evidence will make out in what an
OotrageoviB manner it was carried on. If the
sdiers had made opposition, how soon had all
been in confusion upon this usurpation, that
the shenffii had set up for themselves, that
they aire the delegates of the people, and must
ippear to be the supreme magistrates of the
a^ of London ! I think the citizens them-
9^es will never endure, that those that are
bat oomty officers, shoi^ ever invade the go-
venuBflDt of the corporation. Gentlemai, we
win shew you the particulars of this, and you
hare nothing to inquire after, but whether they
guilty of the not or no ?
Soiiciior General. My lord, we will call
oor witnesses, and prove our case by these
Meps. For the questioo, That whether or no
the dsfendants in the ixiformation were guilty
of a riot, in continuing the assembly after
my lord mayor had adjourned them, we wiQ
prove it by these steps, that it is in the power
of the kird mayor to call a conunon hidl,
and adjourn the common hall ; that, my lord,
when the common hall was assembled tor- the
porpose of electing sherii&, that he did ad-
lonm the common liall ; and that contrary to
MS ailioiimnient the sherifls continued it, de-
ekrinc' my lord mayor had no right so to do ;
and mat afterwards my lord mayor com-
naoded them to depart, and they continued
their assembly there m a very riotous manner ;
aid as my lord mayor came down, they offered
iBsoIeDcies to his person, and they continued
the assembly there in a riotous manner, and
conamendeJ the sheriffs that did assert their
right, following them in a riotous manner into
Caeapside, crying out in a fiictious manner,
* God bless the Protestant sherifls.'
Seg. Jefferies, My lord, we would begin
WI& our witnesses ; but for the gentlemen of the
jnry, which I think are men that belong to the
dty, and that the thing may be very intelli^-
Ue, I beg" leave to acquaint your lordship with
the methods that have always been proceeded
in, in choices of this nature. My lord) we will
make it appear, and I think it will not be
^snined by any ikian that knows the city of
lUmdon, tbat eomaion haH(| are always sum-
moned to appear by the intimaiioii of tho
mayor, of tne mayor himself, at any time
when he finds an occasion, either for the as-
sembling of a common council, or the assem«
blin^ ofa common hall, &c. pracepts are fe-
sued ; they are words that yon, gentlemen, do
understand very well, to summon a common
haH from time to time. It is very true, thoivh
they do usnally make summons for Mid*
summer-day, yet Midsummer- day being a
public and notorious day for the choice of
some particular persons, they are not so con-
tinually exact in summons ; for thcry do pre*^
sume, that every body takes notice of the day.'
But I am to ffive your lordship an account :
whereas in me record there is only notice
taken concerning the sheriffs on Midsummer-
day, it is notoriously known to all gentlemeii
that are inhabitants in London, there is a
choice of chamberlain, and auditors of tfaa
bridge-house and chamber-accounts, down to
ale-conners ; and that the sheriffii of London,
gva Shcrifi of London, are no more in tho
case than any private man is. I do take notice
of this, to give you an account, that as soon
as these officers are dispatched, I myself had
the honour to serve the city some time, and
know it very well ; therefore I take the liberty
to explain it to some of these gentlemen that
are foreigners. My lord, as soon as ever this
is done, (as it was frequent before people were
so ambitious to come into the office of sheriflb,
as they have been within two or three years ;
for it was not known till of late, that the peo-
ple were fond of the office ; there is a terra
they uRo, * To go a Birding,' as they call it,
they did not se^ for the office, as they have
done of kte) when there was any person came
off from serving, that is, paid a fine of 400/. for
coming off; then the usual meUiod was to obU
another common h{ll> for they never made
application to Mr. Sheriff, * Good Mr. Sheriff,
let us have a common hall :' But the common
way. Was ^i time of vacation, (for in August,
there are no such things as courts of aldermen
held ; courts are not then held, exo^ the
sheriffs court) then to go to my lord mayor's
house, and be appoints them to come to a
common hall, a meeting for to ehuse such and
such : He orders the sword-bearer, or other
officer that is attendant upon his person in his
house, to send forth summons, in order to such,
a thing as the assembling^ a common hall, and
there may be sometimes out one sheriff there ;
nay, I have known it sometimes when tb^«
hath been never a sheriff, and yet they have
not thought they have wanted a judge of tliat
assembly : But, my lord, when all the matter
is over, and p^ons are declared to be chosen
into Ms or that, or tlie other office in the
common hall, then an officer in the city, not
an o^er of the sheriffs, but an officer wmch ii
caUed by tbe name of the Common Gryer, he
makes proelaiDation upon the hustings, where
my lora-mayor is judge, for all gentlemen to
depart for toat time, and to give their attend-»
ance there to another summons^ And now.
«2d9 ] STAT£ TRIALS, 35 CuARLBfl IV l6S3.-«2Ha{ oj Tk^mM
my lord, to make tb« thing^a little rooi^e Intel-
ItfiUe, there is a differeacebetween the cboice
of the county officers and the corporation offi-
for at the election of city officers, tlie
4m |jd40
cers
Common Serjeant, the Common Cryer,' and
Town Clerk, and the officers that attend and
manage the common hall, where my lord-
mayor is looked upon to be the 8u);ierintendant ;
but at the election of parliament men, the writ
i$ directed to the sheriffs, and tliey interpose in
all the management ; and then the Common
Serjeant and Common Cryer have nothins to
.do; but at such times, the Secondaries ofthe
Compter, which are deputies to the sheriffs,
they come and manage tne whole affair. This
I tell you, because 1 hare been pretty well
acquainted with the methods ofthe city. I do
Tery well remember I had the honour to serve
the city of London, at that time sir Robert
Clayton was lord- may or; and there was a
great occasion to try a person about the assas-
sination of Mr. Arnold ; and the question was.
Whether they should proceed \o a poll or not ?
because they were to go tp the Sessions-House
in the Old-Uajley^ in order to the trying of that
person. That worthy gentleman bein^ then in
the chair, I had the honour to sit by him ; or-
Oei'ed .the court to be adjourned for a da^ or
two, because they were to go to the Sessions.
Tliere was no asking tlic sheriffs opinion when
sir Robert Clayton was lord-mayor, nor there
was no such thing then ; but now the case was
idtered, for sir John 3Ioorc was lord-mayor.
Now, my lord, sir John Moore, like a good
magistrate, endeavouring to preserve the pri-
vileges of the chair, there happened a contro-
versy amongst the members of the common
hall, whereby the public peace ofthe kingdom
might have been much injured, as well as
the peace of the cit^ very much disturbed.
To prevent which, sir John Moore, in'th the
advice of his worthy brethren the aldermen,
came upon the hustings, and found they Were
all in an uproar, and not cool enough for any
debate ; for they were wound up to that height
of iiury or madness, that they had not a good
word to bestow' upon their magistrates, nor
upon him whom their chief magistrate did re-
present. For we must tell you, when they
cried. Pray God bless the King, as is usual for
the officer upon such occasions ; many cried,
No, God bless the Sheriffs, the Protestant
iSrtieriffs. ^V hereupon my lord -mayor, for
preservation of the peace, adjourned tlie com-
mon hall, and required the members to depart
and come down off tlie hustings : The rabble,
^for by the way, a great many of these persons
in this Information, as Mr. Goodenough, and
the rest of them, were not liverymen, nor con-
cerned in the election one way or other ; but
came there on purpose to foment and to raise
up the spirits and malignant dispositions of a
sort of people tliat are enemies to the govern-
ment ; they came to foment quarrels, and not
maintain peace] my lord, when my lord-mayor
came off. the iivsting^, they came upon him,
had hiiik down upon his knees, and his bat off;
and if some gentlemen had not come in, thejr
had frod him under feet; such an indignity
was then done to the lord-mayor of London,
who, I think I may say, deserved as well from
the government of this city, as^ny gentleman
that ever presided in that office, that before hatl
not been heard. My lord, Ave \yill call pur
witnesses, to prove the manner ofthe elections
to be as I have opened it, and to prove the
matter in the Information.— Call the Common
Serieant and Mr. LightfOot, the Common Cryer»
and the Sword -bearer.
Att, Gen. Mr. Lis^tfoot, pray give an ac-
count to the jury and the couit, of Sie manner
of election, and chusing a common haU, ' and
the manner of it.
Lightfoot, My lord, I have^ been almost 25
years an attorney ; I always took it, that the
Serjeant of the chamber had order to go down
to the clerks or beadles of the companies, to
summon a common hall by such a day.
Att, Gen, By whose command P
Lightfoot. By my lolrd -mayor's.
Alt, Gen. In all your time, did the sheriffs
ever summons any?
Lightfoot, O, no.
Serj. Jefferies, Pray Mr. Lightfoot, thus :
When they were met, what was the , usual
method ?
Lightfoot. Before the lord-mayor and al-
dermen were set, the, people walked up and
down the hall till the lord- mayor did come ;
but as soon as my lord mayor came, the
Common Cryer made procLunation, < O yes,
you good men of the h very, stmsmoned such at
day tor election, and so draw near, and give
your attendance.'
Alt. Gen. Whose officer was the Common
Cryer?
lightfoot. My lord-mayor's officer.
Serj. Jefferies. A corpcHation officer.
Att. Gen> Now forthe dissolving them.
Lightfoot, When they have done the busi-
ness, Mr. Town Clerk, as I take it, takes his
direction from the lord mayor, and he lads the
officer make proclamation ; < You good men of
the livery, depart hence for this time, and
appear at a new summons.'
Att. Gen, Did the sheriffs ever dissolve them f
Lightfoot. Never.
Att. Gen. Did the common hall do it ?
Lightfoot. No, there was no such thing.
Mr. Jones. Mr. Lightfoot, aAer my lord majror
had dismissed the hall, did you ever hear the
sheriffs keep them together P
Lightfoot. All the people went away till
within tliis three or four years.
Mr. Jones. Since when f
Lightfoot. Since Mr. Bethel, about that
time.
Serj. Jefferies. Ay, in Bethel and Cornish's
time, then i)cgan the bustle.
Mr. Williams. You sav you have been an at-
torney 25 years ; I would ask you, in all tliat
time, Mr. Lightloot, in all that time, did yoa
ever know the lord mayor aij^u.n the common
hall to a certain day f
ZkX) STATE TRIALS, ^5 Cii ablks II.* iGSS.-^ffttiT cth^hjar a md. [24t
U^itfoot. There ^r«s De?eraiijoeeatioo.
Wx. Thcmpson. Answer my question.
U^iMM. Inererdid.
^ Sir tr. Winn, 1 would «sfc jon another qn<
tiiB, Bfr. lightfoot : did joa erer know, before
die ejection was over, when the electors were
thmwig' sherifls, or pollmr, or debating it, did
yoQ erer know in the middle or it, the mayor,
agaifttt the wiR of the aheriflb, adjoom it?
Lightfoo^. No, no.
SoLGen. Didererthe sheriffiinndertake to
he» ihem lomher befwe theae late times ?
Ligkt/boi.IiOj never.
Mr. Thm^ton. Pray, Sir, this : Though it is
wosl, after the sherim have taken the pott, to
ae^fMont my lord mayor, did yon ever know,
Aat tile sherifis have ad)omiied the common
hall Without acquainting my lord mayor ?
lAghtfoot: No.
Mr. Tkompton, I ask you one question more :
do Twn remember when there was a poll betwen
m Thomas Stomp and another P
Ughtfoot. No, I do net charge my memory
with -it.
Mr. T^ompami, Do you remembier when
there was a poQ between sir Robert Cbyton and
Mr* Kyffien f
Ligitfbttt. I was about the hall.
9^.Jefferk», Do ^^on remember when there
was a pou between sir Simon Lewis and Mr.
Jenki.^ Who did manage that pdi? \
Cmn, Sen. I did.
Mr. WUtiams. Are yon upon your. oath ?
Cam, Serf. Yes, I am.
Light foot. When they were gone to the poll,
I west out of the hall.
Ait, Gen. Did you ever look upon it, that
dte sherift had any thing more to do than
others? — Lightfoot. No.
Att, Gen. Who were indueed to take the
piDr ffas it by the sberiifs or the k>rd
tnayor?
Ijghtfoot. I have been appointed bj my
lard mayor. I do know, that the sheriflfshave
tdoen upon ihem to appoint a noil, and ^hen
aiy loni appointed his clerks in tne house to be
antant to the common serjeant, and the town
deik : I nerver was but ia two polls, one for
Mr. Box, and another for my lordmavor. One
Went on with the poQ in one place, ana the other
B soother.
Att. Gen. But before that time. Sir ?
Lkgkifoot, I know nothing of that, Sir, I was
never concerned before.
Mr. Holt. Pnij, Sir, who used to manage'the
pofl before ttiis time f
Sir Fr, Winn. Mr. Lightfoot, I would ask
you a question : who managed the poll before ?
UgMfoot. I have been m a common hall
when th«y have been chasing sheriffii, when
tereral have fined. And it bath been upon the
oaestionY when the hall hath divided, and they
ure polled in the hall.
Sir Fr. Winn. Who polled then ?
Lightfoot, The snerifTsand the officers stood
tfidsaw them go oiu, and this is within these
Kiv years.
VOL. IX
Sir JFV. ITifin. Mr.Li^tfoot,Iadcyouthus(.
now in all your observations, when there wai
any contest, who was shi^riff upon the election,
and the divisions during the thne of election,
and before it, were at an end, who did manage
it, the sherifb, or the lord mayor ?
Lightfoot. When the court had been pro-
claimed, and the recorder had spoken to them,
my lord may^or and the aldermen withdreiir
from the hustings, and the sherifib and otiier
officers stood there with them ; then the com-
mons proposed who they would have pot in no;*
mination, and they were put up ; then the
sherifib have turned back to the fentiemefi
upon the hustings to ask their opimons, how
are your opinions concerning the hands P W«
do lliink it goes so ; then it halh been de-
clared.
Sir Fr. Winn. By whom P
Lightfoot. The common crycr, or the com-
mon Serjeant.
Sir JFV. Winn* Yon say, as soon as my lord
mayor withdrew, during the time of electlODi tie
two sherifis managed the halL »
L^Mbot. Intnat manner with others.
Sir Fr. Winn. Mr. Lightfoot, do you nmeitt-
her who adjourned the hall, wben Mr. Beithel
and Mr. Cornish were chosen ?
lightfoot, I cannot tell.
Serj. J^eriei. Mr. Common Serjeant, are
you swchu P— Com. Stfiy. Yes.
Ser). Jejftrie$. ¥nj wiU you tdl Mf lopnd
andthejury what you have observed in partH^
cular, because I mentioned it, in the time of sir
Robert Clayton ? Mention how that was.
Com. Sery, My lord, when the common
crier hath made proclamation, the lord mayor
and court of aldermen being set upon the hnsi*
ings, Mr. Recorder makes a speech ; as soon
as that is done, my lord raftyor aud the aMermeU
retire into this court, leaving the sherifls and
me, and thereat of the officers, upon the hust-
ings, and I there manage the eleetiou ; and
when the election is made I go up to the court
of aldermen, and make report of what hath been
done in the hall. I declare the election, and
I manage the election, and do it as the duty of
my olace. '
Mr. WiUiamt. Who manages the election P
Com. Serf, I manage the election ; I d^lare
what is my opinion of the election in the hall ;
and I come and make report to my lord' may^
in this course ; then my lord mayor, and tile
aldermen, and the recorder, come down again.
I remember particularly when sir Robert Clay-
ton was lord mayor, it was about the choice of
Mr. Bethd and Alderman Cornish, and there
was a great disturbance in the ball ; then I
came into the court, and ailer I had made iny
report, I offered to give the paper to the re-
corder tb at then was, sir George J eifcries. He
told me, that the people would not hear him,
and therefore he would not take the papcK*.
Upon that sir Robert Clayton said to roe, pri-
thee, do thou speak to tnem ; they wHI hear
thee, if they ivill hear any body ; tor the hall
was in a great uproar, and they catted to threur
i R
tt43] STAT1B-TaiAI£/35CHARLTOn. l«S3.--7Halii/77bM»PlftMi^<m 1244
me off the hiutiiigB, and then I made an answer
to Sir Robert CJay ton ; Sir, it is ^not the duty
of my office, and when I do an^ tbiugr tl^t
is not my office,! shall expect particular direc-
tions. Then, saith be, you must tell them, I
must adjourn them till Monday, because I go to
the Old-Bailey to try the assassinates of Arnold.
Thereupon the hail was adjourned, and procla-
mation made to depart ; and my lord mayor
-Attempting to go, was beat back twice or thnce,
imt at last they let him and the aldermen go,
And kept the sheriffs and me till evening. At
Jast Mr. Papillon came up to me ; Mr. P^*
Jillon, says I, I am glad to see you, you will
ear reason. Says he, why do not you
go on with the poll? I told him, my lord
mayor had adjourned the hall. Says he, I did
not hear it before ; but now you tell me so,
I will go out of the hall. Says I, Sir, you will
do very well to tell the hall so ; which he did,
and some went away ; and further adjourn-
ments were made by the direction of my lord
.mayor.
Ait. Gen. I .wonld aak you a, question or
^o :. Who do you look upon to be the chief
jnmstale of the city ?
> Com, Serf. My lord -mayor. Sir.
Att. Gen. Pray, in all your time till this,
was .there no uproar ? Did ever any sheriff
• undertake to oontroul the mayor in the busi*,
ness of putting questions, or taking votes ?
Com* Sety, Sir, there was never any dispute
till Mr. Sheriff Bethel was upon the hustings,
ftod then there was.
Att. Gen. As whose officer did you do it ?
Com. Serf. My lord-mayor's, and die city of
London's ; I have nothing to do with the she-
rifis ; for when there is a writ comes for the
choice of pariiament-men, directed to the
sheriffs, I never do it, but Mr. Seoondaiy.
Att. Gen. I speak of latter disturbances.
Com. Serf. The first dispute about sherifis,
since I was common seijeant, was about Mr.
Jenks, and that poU was taken by the diiection
of the lord-mayor, by the town clerk, and my-
self; and our books say. If there be a dispute
in the common hall, it must be decided as in
the common council. It is in Liber attu$.
Ait. Gen. U^niger.
S&j.Jeff'. "No, lAber allnu.
Att. Gen. JUher albu$ f It ii Liber niger^
tiiey turn the white book into a black book
now.
Sir Fr. Winn. At that time. Sir, when my
lord-mayor was willing to go to the Old
Bailey, IhA the sherifls do any thinff farther P
C<m.Serf, ThesheriffifdidnotBaeddleinthe
matter.
Serj. Jeff. Mr. King, pray give my lord and
the jury an account of what you know of this
matter.
Mr. Peier King. I have been at a court of
common hall 28 years, my lord, and hfive been
concerned ; I never looked upon the sheriffii
to have any concern there. And I do very
wett remember sir Geoige Jefferies; I do re-
vatuhtr and know, they did always in Imcient
times take advice of the officers by* and ihej
never did esteem themselves in those dMrs, t»
be any more concerned than as the best officers
to be preferred before the rest : When my lord
says. Come up, they come in or«ter, the mas*
ters and wardens of the companies.
Att. Gen. Who did do the business upon
the hustings ?
Mr. King. All of them, Sir, all together.
Ait. Gen. Was there never any differeaco
about the votes P
Mr. King.. Sometimes they have stood upon
it. '
Att. Gen. When there was a ouestioa made
to know who had the most, who decided it ?
Mr. King. They generally asked one ano-
ther. What do you uiink, and what do yoa
think P I speak for SO years together since the
king came in.
Att. Gen. I hope in God there bath been a
king in England for 30 years, though perfcafto
some of the sherifls that were then in debale,
would have had none.
Mr. Thompson. Mr. KiOff, I only detrire to
know this of you, because I know you knovr
questions ; I desire, my lord, to know whetber
he speaks it to be a matter orrigbt, or his opir
nion ; for wc know Mr. King^s opinion will go
a great way in tliis matter. Do you speak it
as a thing of rip^ht, or as your conceptions?
Mr. King. Sir, it would be a thine very coa«
fident in me to determine qi the right, but only
as I always esteemed it.
Serj. Jeff. Mr. King, 1 would ask you this
imestion ; Pray do you tell your belief upon
the observation that you have made from tone
to time of the practice there ?
Mr. King. An hundred and a huudred com-
mon halls I believe I liave been at.
Mr. Utompton. Tliat's good store.
Seij. Jeff. That may be when there are
many fines; when I was common setjeant,
there were 5,000/. fines one year.
Sir Fr. Winn. I desire you to me your opi-
nion ; you say they are all equal that are tbereu
flr.King. Every officer in his d^ee: for if
SO men go together, he that is best speaks finC
Att. Gen. Were the sheriffii Allowed to be
there, or no?
Mr. King. The sheri£& are always bound to
attend my lord-mayor by their oaths, unleae
they have lawful esrcuse.
Mr. Jones. . Mr. King, did the sheriffs ever
continue the assembly after it was dissolved P
Mr. King, No, Sir.
Mr. Jones. Or could they do it?
Mr. JCiR^. I can't say tnat
Mr. Thon^fson. Did you ever know my Istd-
mayor adjourn the court till the hall had done ?
Mr. Xing. I can't tell.
Mr. ThiWipson. I tell yoU| Sir, sir Samuel
Starling did.
Seg. Jeff. But the sheriflb could not do it.
Mr. Tlumunon. Nor he neither ; for he paid
for it.
Mr. Holt. Mr. King, I ask this qpiestion;
Who declares the poll in the ballf
i
i
I
I
Mr. Kimg, They always aeree, onlesa it be
voy dear ; I bare knowa the common ser-
jenit do it ae^eral timea without disputiiig^.
Can. JSen* When perBoos are put in nomina-
tm, and the haiMM are held up ; I generally
adc the people aboiit me, who ha?e most, and
particulany the sheriffs, and so make declara-
M5] STAll TRIALS, 35 CAarUs IL t6HS.^fmdaihen,fifr m K^. ["i^S
■ Mk*. King, Tlie commoQ aegeant ' | Serj. Jeff, Mr. Common Cryer, I would
Mr. HolL Who directs him usually ? fain know this ; when my lord ma^'or is gooe^
lir. Kmg, Has office directs itself. and the aldermen, during the election, do you
Mr. Hoit, • I ask, if the &henfia don't agree, eter disouss the court before my lord comes
who ia elected before the common Serjeant make down again; and do not you take the very
words of dissolution from the town*clerk ?
Com. Cmer, 1 do so.
Serj. Jeff And what is usnal in yoqr tim*
when sheriffi have fined off; who gave di«
rections for a common- hall ?
Com. Cryer, My lord mayor, Sir.
Att. Gen, Who is it puts the question, th«
common Serjeant or the cryer ? .
Com, Cryer. The common seijeaot dictates
tlie words to me, and I never take them from
any other ; I have taken the paper into my
own hands, but never but one yearneither.
JL C J. The oflicers ask one another, who
ttey think has most? That doth not give
the inrisdiction, that they choose officers I
the krd-mayor or sneriffs: But, for when they were in a confusion ; the time
aa^t that I see, these officers have had more
•a do about the choice than the sherifiis have.
These officers consult one with another com-
aofthr, and conclude which side have most ;
and tiien rq^rt it to my k>rd-mayor.
803. «K^ First of all, when they put anv
a M any officer in the common hall,
a1 way of putting the question is, < As
ly of yon as would have such a man to
* besiich an officer, hold up your hands : ' And
if the election be dear, proclamation is made
praacntly : If not, the common serjeant asks,
* Who they think hath the majority ?' Which
bang deduned) they acquiesce. But since Mr.
Ilethel came in, tblere have been very hot dis-
I in the world ; but before bis time there
attempts made to keep sheriffs off, but
' before to get sheriffs on. And after the eleo
tioD is declared bek>w, immediately they go to
vy lord-mayor, and report it to him : And then
comes down the mayor and aldermen to the
bostngs, and the Recorder says, * We are in-
* fbimed, that such and sucn persons have
*becn pnt in nominatioo, and the election
* passed upon such and such.' And then the
wfd-aiayor commands the assembly to be dis-
solved.
Mr. WeiU. When a common hall is first met
together, are not the lord-mayor and aldermen
{vnorally present?
Com. Cryer. At the first meeting.
Serf* Jeff When they are set, give an ac-
count what proclamation is there mode.
Att. Gen. How lonc^ have you known it?
Com. Cryer. I have been in this place almost
17 years ; I always come willi my lord
mayor ; I do make proclamation by order of
my lord mavor, dictated by the town-clerk ;
sad 1 take the words from the town-clerk ;
Hid his words I say ; ' You good men of the
*■ livery, summoned to appear here this day, for
' the oonfirmatioii of such a one chosen by my
* lord mayer, and another fit and able person,
*to be neriffs of the city of London, and
* eoonty of 31iddlesex for the year ensuing,
*4rwr near, and give your attendance.' I
Btrer aiyooroed tw court in my life, but by
9rkr from my lord mayor ; nor never dissolved
^ court, but bj order from my lord mayor.
when Mr.. Bethd was chosen there was somtf
difference, I did read the names that time, and
never but that one time, t always take the
words from the common serjeant; I never
put any vote, but what I have from the com^
mon seijeaot.
Att. Gen. Do the sheriffs put any rote P
Co9n, Cryer. Never, Sir.
X. C. /. I do not understand him ; I thinli
he ^d mean, when Bethel was chosen, he put
the question by somebody else.
Serj. Jeff, No, no, he took the paper in his
hand. Before he used to take dictates froni
the common sericant ; but there was a confu-
sion when Bethel was chosen, ai.d then he ttRik
the paper from the common segeant and
read it.
Com, Cryer. He gave the paper into mj
hand.
Com. Serf. My lord, they made such anoisq,
that he could not hear me.
Mr. Williams. Mr. Wells, how long have-
you been common cryer ?
Com. Cryer. About seventeen years.
Mr. Williams. In all that time did you ever
hear the lord mayor adjourn the court to a cer-
tain day ?—Com. Cryer. Yes.
Mr. Williams. To a certain day ?
Com. Cryer. My lord mayor adjo'umed this]
common hall to a certain day.
Mr. Willianis. ' I ask you upon your oath-
again, Did you ever know the lord mayor ad-
journ a common hall to a day certain ?
Serj. Jeffl Do you remember that of sir
Robert Clayton's ?
L. C. J. If so be they be adjourned, to meet
upon a new summons, if there be occasion, na
question but he may to a certain day.
Mr. Williams. Now we are upon matter o£
fact.
Sir JFV. Winn. Did you ever knotv my
lord mayor adjourn tliem before the election
of sherifis was over ? Here is my question, ob-
serve it. When after once my lord mayor ig
gone out of the hall, when tlie election b^ns,
did you ever know my lord come and disturb
the election, or adjourn, it before it was done ?
Com. Cryer. I never knew any thing of ft
before now.
^47] STATRl!taAlJi,$SiinAUi.uBlLl6^$^fiMofT ^um
Ah. Gen, Mr. Welks do you vemeiDber
4hat instance in sir Robert Cbyton's time ?
Com. Cryer. No, Sir.
Att, Geiu Have not yon known my lord
mayor dissolve the court before the business
luitn been done ; take up his sword and be
gone?
' Com, Ctyer, When be hath a niind to ad-
£arn the court, and declare it^ I adjourn it by
s order.
Att, Gen, Bat hare you not known him
takeifp hi& sword, and be gone before the
electiop is oyer ?
Com, Cryer. ^^ Robert Clayton did do that
before the business was done,
Mr. Thompson, Mr. Wells, do not yon remem-
her, m sir Samuel Starling's case, that he did ad-
journ tlie hall P
Com. Cryer, He dissolved the hall.
Mr. Thompson, Very well.
Serj. Jeff, He did dissolve the hall, and so
hath eiery lord mayor since. My lord, if
your lordship please, I perceive this gentleman
makes a question. Whether ever there was an
ac)joumment of a common hall before such a
time as the election of sheriffs was over.^ I
will give you an answer to that question,
and a very iair one, and a plain one ; I say,
till the time of Bethel, in sir Robert Clayton's
inavoralty, there was never such a thing as a
poll for sherifis.
£. C. J. Silence, that we may hear.
Mr. Williams. My lord, we only ask a ques-
tion, we ask a question and take our answer.
Serj. Jeff. Will you give us leave to go on,
Sir?
Att, Gen, Sir William Hooker^ Pray how
k>ng is it since you were sheriff of London ?
w W, Hooker. About 16 or 17 jrears ago.
Att, Gen. ' You have been sheriff ana lord
mayor of London: I would only know,
Whether you looked upon it as your right when
you were sheriff ?
Sir W, Hooker, No, nor ever durst presume to
think it: In those days it was not thought
upon.
Att. Gen. When vou were lord mavor, did
you order summons mr common -halls r
Sir W. Hooker, Always.
Ait, Gen. Did you ever use to consult with
your sheriffs when to call a common haU ?
Sir IK Hooker. Never; and I think no
«uch thing was ever, heard of under the sun,
till of late.
Mr. Thompson. Sir W. Hooker, did "you ever
^journ the court before the business was done t
Stir W. Hooker. I never saw any such oc-
C^on ; rebellion w^s not ripe tlien.
Att. Gen. Sir William, pray thus; Have
you ever in a common council, or common
pall, known my lord mayor rise before the bu-
siness was done, and take his sword.
Sir W. H. I confess I mjust own it, that
when things grew to a great height, I was
forced once in this place to cause the sword to
he taken up and go out, and the court was dis-
•olved^ and durst not go on afierl was gone.
Serj. Jts^^rttt. Now^my lord, if year loid-
ship please, I desire to call theswora-beaMr*
Mr. WiUiam. Sir W. Hooker, jf I may,
without offence, ask you, how old are yoaF
Sir W. H. Seventy years of age. Sir.
Mr. Williams, You say yoa never knew r^
bellioi^ ripe ?
Sir W, H, Good sir, I peioeiveyoa are very
apt to mistake ; I lived ia 1041 and 1643.
Att, Gen. Sir William, caa yoa
the meeting in 1648 ?
Sir W. H. Ay, very welL
Att, Gen, Then tliey asurped the vary tn
power, and an act of parliament to oonnrm ia.
Seij. J^eriss, My laid, I derira Mr. Sirard-
bearer may be sworn.
Sir Fr. Winn, Pray, Sir, ia all the time that
you have been acquainted with tiw^ coafeoma of
London, did Tou ever know when there was
an election for sherifis, that the knd mayar
did interpose or meiMte till the dectiaift waa
over?
Sir W, H, Sir,, of late years I have not a»«
peered, because of an innrmity, I canaat be
long in London : but in all that ^me 1 used to
appear, I never did observe any sach thiar*
Sir Fr, Winn, That the mayor ever meddled ?
Sir W. H Nay, Sir, that the sheriflb ever
meddled. When 1 was sheriff of LondoD, I
durst not presumeto meddle, but left the wM^
to my lord mayor.
Sir Fr. Winn. Did you ever know, wl
the election of sheriffs was ia a oommon I
that the lord mayor offered to diatorb them.
the election was over ?
Sir W. H. Truly 1 do not remember ai^
such thioff . Sir Fr.. Wianington, 1 would sive
you a full answer; I do tdl yon, as it haHa
been declared, ray lord mayor and aMcrmso
come into the cotvt, and a report is made ;
when this is done, they leave the managameot
of the affatrto others ; we come and sit dowu
tiH it is done.
Sir Fr, Winn, To whom do yoa leave the
concernment ?
SvcW.H. to the offioers that it bdaaga to.
Sir Fr, Winn, Who are those oflkers f
Sir W, H. I naver heard it disputed till joit
now.
Mr. Jones, Sir W. Hooker, you have been
an ancient citizen: Do you remember, thaa
ever the sheriflii presumed to hold this court ?
Sir W. H, No, never in my life.— »You may
confound any man at this rate.
Mr. WUliamt, Pray, Sir, in yoar tiflM was
there a poll for sherin inXondon ?
Sir W. H, Truly not as I remember.
Mr. Williams, Do yoa remember any poB
in your time? If you don't "remember a pofl,
you can't remember who took it.
Sol. Gen, Pray, sir W. Hooker, do yoaa^ar
retnember the sherifis appointed the comaMm.
sk;jeant to take the poll ?
- Sir IF. H. Never m my Ufe.
Serj. Jeff cries. Mr. Sword-bearer, I won't aak
you how old you are : I deshre to know how
Jong you have been an officer in this city.
1491 SfFATE 1WALS» $i Ch AftUS n. l668«<Hiiiil #f Wt , /<»r a Jtlol. ' [t 50
Anxn^fteorcr. llirM umAiweat? yean.
So}. Je^ I deginto kuovr in aU yoar time
ip)m» ordoed common halls? Who gare di«
netai fiir the nunmoaioff oommon hatla? -
Swar^bemrer, My loramayor always.
Serj. J^. Did my lord mayor use to tend
be tfave slMri^ to Imow of them when they
woaM be pleased to hare a eommon-haU ?
Smord'b^g^tr. I never knew that the sheriffs
fidiaterpQae in eallin|f a common hall in my
Serjw Jeffi Hb. 8word-be«cr, at sneh time
aathe bosmesB was done, when the common
$tyer had daneelasva for dissolTing the common
haUy pray wlio used to ghre these directions all
Sword^btorer. It was done by the town cleric,
~ Bsy lord mayor's officers.
. HkeQ^J^, Did ever the sherifib continue
the biui after my lord mayor had adjonmed it ?
Smard'bearer. Truly I know no snch tiiino^.
Hir. Tkompson* Mr. Sword*bearer, I would
adEymoBeqaestion : If in case the common
seneant, or the common ovyer, or any other
twipgns do pot a question tliat the commims
waold not have put, who orders tiiem to pat
tlM lig^ question T
StMrd-Mortr, I oan't say any thing to that
Ati. Oen. After the common Serjeant comes
■paod reports idiat is done, then what dodi
my hnd majfor do ?
Smord-beirer. My lord mayor and the al^-
dorraeD go down to tiie hustings, and it is de-
ebred by the recorder, or the common sar-
jeaat, by the order of my lord mayor. — I think
my Isnl mayor went once down to give them
some aatiafectioli upon a dispute^
SarFnu Wtmu- Mr. Man, during the elec-
lisB did yoa ever hear them adjourned before it
vaaorer?
Smord'bearer. No, Sir; nor never heard any
•eeaaion lor it
Mr. Willwmi. The oommon Serjeant affirms
himself to beasenrantto the .commons, and
■ot to the lord mayor and aldennen ; have you
kunm « common sojeant say, he was a ser-
vant to the commons, and not to the lord
iHEvor and aldermen ?
Sword-bearer, I never was in a common
hdl upon any such dispute, I am with my lord
mayor.
Seij. Jf^. Ihave known a recorder repre-
hadediiy avery learned lawyer, for saying,
' My masters the aldermen.'
im Fra. Wirm, I ask you who hath the ma-
nagement of the common haU in the absence
ofthemayor«
Swerd-learer, I am always there waiting
upon my lord mayor.
Sen. Jeff. My lord, if your lordship please
«€ win rest here as to. point of ri^ht. Now,
my lord, in the next place we will come to
that fdiich is a more immediate question before
.yso,andwe will prove the manner of it, and
tbepevBona thai are guilty ; tor that is the next
stn wears to go» — Mr. Bancroi^.
Hr. WiUi€m9. My lord, tbey hare said ia
tibe information, *That the sheriffs are duly
dected, for oneyear next following, from the
eve of St Micluid ; now prove your electaoa
to be for that yearyou have laid in your infor-
mation.
Mr. Thompson, My lonl^ they have cer-
tainly in fact mistaken, their infomiation. My
lord, they do declare that the oommon hall was
held, according to custom, far the election of
sheriflb, to hold that office from the eve of St.
Michael, for the year next ensuing ; Now, my
lord, that is not so in fact, nor never was, ibr
the election is for a year to commence on
Michaelmas day. They take on the eve the
office upon them, bat they do absolutely exer-
cisethe offioefor a year from that time troa
the eve. Now my lord, we say, that day is ex-
cluded, we are sure it is a common case^ it ia
known very well ; as in a lease, the Habendum
from any date^ the day of the date is no part
of that lease, it is exclusive and no part of tha
term, and therefore, my lord, if they do not
Erove it as they have laid it, we hope they will
a nonsuited.
Sol, Oen. That is another piece of lasr.
Mr. Hoii. The eve of Michaehnas day,
we make this objection, and put you to prove it.
Seij. Jeff. Give us leave to so on'; Gentle-
men, let us prove what we think fit ; and if w»
have not made it out, then make your excep*
tions.
Mr. 6olt, Mr. Seijeant, I think it is propor
to put it now, ftr if there be no such electiga,
there can be no snch riot ; for they have mad»
it a riotin a special manner.
Serj. Jef, Mr. Holt, under your fimmr, it
is not a time now.
Att. Gen. This is the oddest way ; thes#
gentlemen take upon them so: I will not
prove it ; and pray be quiet till I come to ipy
time.
Sir F^a, Winn, Pray, Mr. Attorney, if wa
have an objection to make, if the court pleases
we may be heard.
Serj. Jeff. Certaiuly it was never known^
that when Mr. Attorney exhibited an is?fbrma-
tion, to tell us how to prove it. Surely, gen-
tlemen, yon will give us leave to go on witlh
our proo^ won't ye ?
Mr. Mollotf, Mr. Bancroft, How long hara
you been a servant of the city f by whoae or*
der was the hall summoned?
Mr. Bancroft. By my lord mayor's.
Mr. . Who hath'dissolved them f
Bancroft. My lord mayor,
Mr. . IJid yon ever know &e sheriA
give any order for the dissolving of it ?
Bancr^. No.
Mr. Thompfon, Did you ever know it dis^
solved before the business was done for whicli.
they v^ere called ? Did my lord mayor in your
time cjther dissolve them, or send them going,
till the election was over.
Bancroft, I can say nothing to that
Att. Gen, Mr. Bancroft, I wouW ask yoa
thtt, Sir; did the sheriffii ever cohtinue iSbm
hall after my lord mayor had dissolved it ?
251] STATE TRIALS^ 35 ChauuIL iGB^^TrMcfVumUuPlllcMgimi [t5f
jBmrro^. No, I herer knew that in my life.
Sir Fra. Winn, Mr. Bancroft, I would ask
you a question ; I don't ask vou who calls
them, or bids them go home ; uuring the time
of the dectioo did my lord mayor evei' meddle ?
Bancroft. My lord mayor withdraws.
Sir Fro, Winn, Who are those among the
commons, that manage the business when my
lord ma3ror withdraws ?
Bancr^. The sheriffs, and the common
Serjeant, and the common cryer.
• Sir Fr<z. Winn, Who manages the election?
who declares the election ? wno declares who
is chosen ?
Bancr^, When the election is made below,
tlien the sheriffs come up, and the common
Serjeant, and the common cryer along with
them, and acquaint my lord mayor, and ne ^ocs
down, and there doth con6rm the election;
and withal, when the work is dpne he dtssolFes
the court.
Mr. Williamt. Did you ever know a poD lor
sherilis P
Mr. ^Dumpson, Do you take the common
Serjeant to to an officer of the commons of
London, or an officer of my lord mayor's ?
Bancrcft, I cannot be certain wliat he is.
Mr. TAontpson. If in caseithe common ser-
geant differ from them in declaring the poll, it
IS not usual for the common haD to order him
to put it up again ?
Seij. Jeff. Who does make a judgment of
the election, the common seijeant, or the she-
riffs ?^Bancraft. The sheriffs.
Serj. Jeff. Does not the common sei^jeant
make observation as well as the sherifls ?
Bancroft. The sheriffs give their opinions
in it.
Seij. Jeff, Now, my lord, if your lordship
please, ff they had done, we would desire to go
on to our fact ; Ibr otherwise, for ought I per-
ceive, we shall be in here till this time to-mor-
row, and they say, we must not adjourn till the
<*ause is over. Mr. Common Cryer ; hark
you, Mr. Common Cryer, were you present at
Midsunggooer day when this business happened?
Give my lord and the jury an account of the
carriage then.
Cam. Cryer. I was there at the beginm'ng of
the (Section \ I did make proclamation, and af-
terwards there was a poll demanded, and the
I)o]l was bq^un, and I went home with my
ord mayor ; afterwards my lord mavor came
back again, and there was a nubbub ; nut about
^^e or' six a dock, my lord qiayor came down
upon the hustings, and I adjourned the court
till another day ; I did adjourn it by his order,
according as I used to do, and then I went
away wSi my lord mayor.
Att. Gen. But what usage had you in
going out?
CSn. Cryer. I went before my lord mayor, I
was not with him.
Mr. WHliatttt. Where was the adjournment ?
Com. Cryer. Upon the busting.
tfr. Williams, Were tlie sheriffs polling the
people then?
Com. Cryer. I don't know that, Sir.
Mr. Williams. Were the shenffi near the
hustings ?
Com. Cryer. I don't know, I saw them not.
Sir Fra. Winn. Upon the election of ^em,
when my lord mayor came to aiQouni the
court, were the sheriffs acquainted with it t
Where were the sheriffs?
Com. Cryer. My lord mayor sent to them.
Serj. Jeff, Mr. Weston, Phty will you tdl
my lord and the jury what directions you had
from my lord mayor, and how he. was used
when he came out of the hall ?
Mr. WcBton. My knrd mayor sent me, my
lord, to the sheriffi under the Lombard-Hona^
twice to come up to the council chamber, and
they told me : One told me he was upon the
king's business, and the other said he conJd no4
come ; and abont half an hour after, my lord,
sheriff Pilkington came up to my lord mayor
into tlie council-chamber, and then imme-
diately came down to the court of hustings,
and Mr. Common Cryer, by my lord mayor'*
order, did adjourn the court from Saturday tiU
Tuesday following ; and as we were comiaflp
out of the hall, when Mr. Common Cryer bad
adjourned the court, and said, God save the
Kuig, a great part of the hall hissed ; and, but
that there were so many honest gentlemeii
about my lord, I was afraid my lord would
have come to some mischief ; but coming to so
into the Porch-yard, I saw his hat off, ana 1
went to catoh iTis hat, and caught one of his
officers by the head, that was knocked down or
fell down, that held up his train. My lord, the
sword was at that distance, farther than it is
between your honour and where I stand, and.
crowded far away; and when my lord came
out into the yard, Gentlemen, says he, I desire
you would go home to your lodgings, and com* •
manded them in the King's name to depart:
And, says he to me. Pray go you back, and let
the sherifis know, and tell them I have ad^
joumed the court till Tuesday. Upon mw
lord's command, I went back to let the sherim
know, that my lord had adjourned the court
till Tuesday.
Serj. Jeff. Both of them, both Shute and
Pilkington?
. Weston* No, Shute ; the other was by.
Serj. Jeff. It was in his hearing, was H not ?
Weston. It was in his hearing.
^et^.Jeff. Did you see my loM mayor down
and his hat off?
Weston, I saw his hat off, sir George, but I
cannot tell how it came off.
Mr. Williams. You say, you saw my lord's
hat off; can you tell whether my lord was
so courteous to take his hat off or no?
Weston. I dare sav, my lord did not.
Mr. Williams. Did he, or no ? I. ask yen
upon your oath ?
Weston. • I can't tell that. Sir.
X. C. J. I can't think that those gendemen
were so extraordinary civil to my lord mayor,
that when the common cryer made prodama*-
tion God save the King, that there alioukl ^
liiBiHg ; tbose thai hiss'd were not extnuirdi-
MTj cbil to my lord mayor, aod 1 believe you
doo't think so neither.
Hr. WUiiams, I ask yon a question. My
kni mayor's hat was off--^
L. C /. Ay, and it most be sappose^ it was
Id co«pliiBent_thQse fine men tnat hissM at
God sare the
Seij. Jef, My lord, if yoar lordship pleases,
I wooM denre to know what acconnt any of
t53] STATE TRIALS, 35 Charlbs 1L 1683 — §nd others, for a Rioi. [254
werQ so fond of this man, as that they Rscued
him from him ; and to Ikx it upon them, we
will prove they were every one of them con-
oemed in the riot. Mr. Graddock, What ac*
comit can you give of this matter ?
Mr. Craddock, I was standing at the place
where they polled, aod my lord-mayor was
coming towanis it to protest againsttheir man-
ner of proceeding ; and sheriff B^el came
to me and said, *• Resist him' (I think) « be
' hath nothing: to do here.'
SeYJ.Jeff. That was Bethel, SHingsby Bethel f
Craddock. It was either oppose, or leai^
him.
1^. Gen. He says he thinks he said, resist
him ; but he is snre it was either oppose, or re-
sist him.
Serj. Jeff, Did you see Mr. Jenks there?
Craddock, I can't say I did : I saw Mr.
Jenks just as my lord-mayor came down, not
after.
Seij. Jeff. Did you see Mr. John Deagle
there ? — Craddock. 1 did not see Mr. Deagle.
Att. Gen, How did they use my lord-mayor P
Craddock. I was not very near my lord ;
my lord, I stood at the pUce where the poll
was taking.
Mr. Tfumqtfon. Mr. Craddock, we desire to
ask you this question, that you speak particu-
larly to Mr. Bahel ; was it before my loid-
mayor had adjourned the poll, or after ?
Craddock. It was just as my lord-mayor
cam^ to protest against the manner <^ polling.
Mr. Thompton. Was the poll adjourned be-
fore or Bfierf'—Craddock. It was after.
Mr. WUliatnt. Mr. Bethel, you say he said,
oppose, or resi^; didhe say it was before the
poU was adioumed ?
Craddock. Yes, Sir, it was before.
Mr. Williams. Can you say what the words
were?
Craddock. It was either oppose or resist, ^
he bath no authority here.
Serj. Jeff. Which is George Reeves? Mr.
Reeves, Pray will you tell us what you did
observe done at this time by Mr. Pilkington^
or Mr. Shute, or any person else ?
Mr. Reeves. I came about 4 or 5 o'clock to
the polling-ptece where the coaches use to
stand, and 1 saw the sword up ; I suppose my
kird-mayor was there, and came to stop their
proceedmgs in polling; wid" there was a great
contest among them; some saying. He had
nothing to do there: He hath no more to do
than 1, says one; another cried. Stop the
sword, stop the sword ; and I jaid hold or him,
and got him a little way, and made account to
have carried him to the sheriffs, and the lord-.
mayor, but somebody got him away.
wetj.Jeff. What did you observe Shute and
Pilkington do ?
Reeves. They encouraged the people to poll.
Mr. Jones. Aftier my lord- mayor was gone ?
Reeves. Yes.
Mr. Jones. Pray you. Sir, did you observe
either MrJ Shute or Mr. Pilkington encourage
t^e people to hollow, or shout, or tiioae things f ^
can giye of die opinion they had ot the
king, to be sure they had a great opinion of his
eseatative: But my lord-mayor, I ind,
ao extraordinary dvd, that to this rabble he
rt not' only pnll off his hat, hut fling his hat
IstfaegTOimd to them.
Hr.Thompson. I ask yoo whether you know
lh«t any of toe defendants in t^is intbrmation
did throw nay lord-mayor's hat off, or no ?
Wegton. ican't say that.
Serj. J^F-}^ is not a farthing matter.
Sir Fr.Winn. Here is a mighty riot upon
diehat.
Weston. Now I desired them to keep back;
my Imnd mayor's friends did press back as
jBttch aa they conld, to preserve my lord-
mayor; they pressed more forward, as the
eter kefH back, and I desired them to forbear,
nay, commanded them in the king's name, and
mposk their peril, and took my cane to strike at
ffliiM* of them.
Mr. WUiiamsi Did you?
Sea^Jeff. He served them well enough.
L. 0. X He did so. • Do you think a roa-
gistrale ia to be crowded and pressed upon ?
WeMiom. I struck at them, and said, gentle-
men, keep back, and intreated them and com-
manded tnero, and all would not do.
Sen. Je^ I would only say this, Mr. Com-
mon Serjeant ; What did you hear when pro-
damatioo was made to depart ?
Com. Serj. My lord, I was not in the hall
when proclamation was made; but I heard
them cry out, * No God bless the king;' and I
hevd them cry out, * Down with the sword ;
^ No lord- mayor, no king.'
Mr. Williams. Can you name any person
dial said this?
Com. Serj. My lord, I laid hold on one man
diat cried, < No ^Giod save the king; No lord-
mayor,' aod the rabble got him mm me, one
tool I beard say so.
Mr. WiUiams, Mr. Conunon Serjeant, you
say you beard this; can yon name any per-
Com. Serj. 1 tell . you 1 caught hold of him,
aod the rabble got him from me.
Mr. Williams, Can you name any one?
Com. Sen. lieUyon I cannot.
8ar|. Jejf. My lord I hope that vrill not much
prevail in this place ; but I hope it doth justify
my lord-mayor for endeavouring to disperse
the rdible that came together to that height
when the king was prayed for, to cry. out, * No
'IsB^, No Iwrd-mayor.' And we don't give
dm m evidence agiunst any one person, for it
Wdoqein « tamultaoai loaimer ; but tb«y
tSS} STATE TRIALS, »5 Chablis IL iSHS.'^THal of Thomui PUkmgtan [25V
Remei, No, Sir.
X. C. J. Hinrk you, friend Keeves, bark
goa, How do you know that PSlkitgton or
bote were poUingf ? Are you sure tbey were
polling alter my lord was gone ?
Keetef. Tbey were at the poUinff-pkoes,
«nd th^ did not go away a great wnile after
tbat.
L» C.J. From the people tbat were about
tbem?— Jte^ff. No.
Sir Fra, Winn. We agree it; in fact it
was 80.
Ait, Oen, Richard Fletcher, pray will ton
giye the court an account of what they dicfp
8erj. Jeff. John HUI, what did you obser?e
there?
Mr. Hill. About five o^clock my lord mayor
came to the hall ; there was withbim then sir
James Edwards, and sir William Pritchard,
now lord mayor, to the best of my memoiT»
and be told them he disliked tneir poU-
ing anymore; and there came a tall black
man i says be, Mr. Sheriff, go on, it is your
business, we will stand by you : about a quarter
cf an hour after my lord came out of the hall
to the great crowd, some of the people hissing,
and some making a noise; and one came to
the sberifls, and, says be, gentlemen, Why du
not yon make proclamation with O yes f And
thMr continued there till towardi eight o'clock.
oeij. Jeff Did you hear no officer adjourn
the JDourt ?
HUI, My lord mayor went home, I saw him
within doors, and I came back again.
Att. Gen. Was tho'c no prodamation made
afterwards?
Hill. By some of the officers, but I did not
take particular notice.
Att Gen. Who did yon see here after you
went home with my lord mayor, and came
back again?
Hill. I saw here Mr. Robert Key for one ;
and 1 saw Mr. Goodenough come m between
eight and nine here in the hall ; and my lord
Grey came in^ and several other gentlemen.
£. C. J. What did tiliey do when they
came ?
Scij. Jegf. Hark you, Hill : was my lord
Grey an^ Mr. Goodenough, and Mr. Key,
were tbey among the peopfe ?
Hill, Afto the sherifls came up, they went
into the Orphan's court ; Mr. Goodenougti came
in and out ; and my lord Grey went in to them.
fki^.Jeff Did tbey appear among Ibe people
tap and down in the hall ?
Hill. They went through the batt to and fro.
Sir Fra. TVinn. What was the Christian
aame of tbat Goodenough ?
Hill. 1 knmv hira ; be tbat was under-
aberiffiast year: I know him well enough,
and he knows me ; yes, that is Mr. Good-
enough P
Lc^ Grey. I desire to ask this witness a
question, my lord.
In C. J. Let your counsel ask, my lord.
Seij. Jeff. I desire to know another ^eatioD,
Did you loa Mr. Coraish ?
Hill. I saw Mr. lilderman Cmfniftb walk in
the hall ; but 1 cant tell whether be went
into the room or no. Ailer my lord was gone,
be did come up into the mayor's eourt, and
t:ame through among the people.
Mr. ThM^eon. Hill, yon speak of my lord
Grey ; upon your oath did you see my lord
Grey walk to and fro in the ball, or only cane
thorough P
Hill. My lord Grey came in at that gate,
and went thorough the hall, and went m to
thesherifis.
Mr. Williams. I would ask you this opon youf
oath. Did you see him do any thin? more ?
Hill. No ; I was there to disoharge my
office.
Lord Grey. My lord, 1 own my bsmg there ;
but only desire to ask a question that will cleaf
this matter.
Mr. Hill. I saw my lord Grey come ap to
those stain, and he went into the Orphan's
court.
Sen. Jeff. How long might that be after
the pbll P
Hill. Afler the sherifls came up, I belieye
it might be half an hour, or a quaitar of all
hour, near an hour.
Mr. Williams. Did you see my lord Grey
do any thing more than walk P
Mr. Hill» I saw him come to the Orpben'l
court, and they would not open the door at
first ; but they said it is my lord Grey, and
then they let him ill.
L. C. J. Your own counsd is asking, my
lord ; I am willing you sbouki adc a questioB
if your own oounael will let you. GentlenMO,
my lord wooM ask a question himself, and yon
won't let him.
Lord Grey. My lord, though I do not know
this gentleman at all, yet I wul yentnre to ask
him a question. Pray, Sir, did you see Bie
speak to any one man P
HilL I bare answered tbat already ; I
say not.
Lord Grey. Were the books brought from
the polling place hj the sherifls before I oamif,
before that I went in there ? My lord, I was
there, and shall give you an account of it.
L. C. J. It had been better, my lord, if yon
had kept away.
Seij. Jefi Kletcber, pray will yon tell my
lord and the jury, what yon obsenred that day
here, after my ford mayor was gone, and had
a^joivned the court ?
Fletcher, On the 84th of June I was here
by order of sheriff Shnte, after my lord mayor
had adjourned the court, and it waii to call alt
men tbat were to poll to come forward, for the
books were to be shut up, and'^ I went away
immediately ; I was yefy hot, and went away
to the Three-Tun tarem.
Serj. Jeff. Did you see Mr. Shnte there P
Fletcher. Mr. PiUdngton was there, Mr.
Shute too.
Serj. Jeff. Can you name any body else P
Fletcher. No ; I can name nobody else.
was almost
tt7] STATE TRIALB, SS Chakubs It. 'l6aa.— W M&s;far a ttM. [1258
..Serj. J^ Whodid you aeetliere P
Major Ae^. Indded, Sir» I wi
down, and did not see tbeir laces*
S^'j- J<# Mr. Trice Haromon, I would only
aak you, who did you ^e, who did you obaene
to be there ?
Mr. Hammon. About nine o'clock at nighti
or something beibre, I stood at the door that
leads to the common pleas*, and there came
in aldennan Cornish and Goodenou^b, and old
Key, an old white-haired man ; and by-and-by
my roaster sheriff Shute came out and told me.
fhtcker. He ordered me 1o makfc i^roda-
nlioii for all nMn, them that had a right to
poll, to come and poll, for the books were to
beshi^iipl ^
Seij. Jef. Captain Claris, pray will you g^ive
aacoovratofwDatyon obsenredf
Cant. Clark, I came down into the hall, and
I dU hear a whispering, whereupon I went to
Mid my lord mayor ; my k)rd mayor came
2»wn upon the hustings, and proclaimatipn was
mde fiwr theadjoomiuentof the court ; where-
upoBi when proclanoation, God save the king,
ms n&aie, an hundred, &c. I believe more,
hist at that; 1 ludhokiof one of them, No
kbg^e-nsD^ no sword's-man, cried th^y.
Sirnh, you are a rascal, and a traitor in your
heart, wd I,vaiid kid 'fast hdd of him ; but
there was a very great crowd ; and says one
or two. For GocFs sake, captain Clark, do you
gaud my lord ; there was Mn. Weston and
raafor Kebe^; my lord, said they, is in
iaaqger ; said I, Gentlemen, keep by him, or
flohe^ore, I will be in- ywtt rear guard. My
Mrd mayor was down upon his laiee, I can^t
Mtboiw liet»ne down ; Press on, press on,
thlB wSB tfae cry, and God save the sheriffs.
%StBt coning' down the steps, [ pressed as near
as I ooold to my lord ma^For, to seep them off ;
Now, said ly mis b the time to keep the rabble
0^ now laee about ; I bad my sword in my
hind, and with the pommel of my sword kept
them off ; Before God, said I, I will keep yon
off; and M I waited on my lord home, and
went and drank a . fflass •ot sack. About an
lioar or two hours afterwards, I came down to
the hall and Ibund the people shouting, God
save the ^eriflh, God save the sheri^ : what
BOtfamg, said I, of my lord nmyor ? But, said
I, this is not a place to quarrel in, let its not
^[Otfrel togetlicr. I saw the sherilfe Pilktng-
toB and Shute were concerned in carrnng on
the pofl, sffid dkis they continued to do for some
time; at last, I ana weaiy of the hail, said I,
I idtt ffo home ; and this ^as between eig^t
md nine o'clock.
8ei3. Je^ Canyta remember any Ibojy else
besidea the aheriifs ?
Ck^ CUrk, No, Sir, I cannot.
8e^. Jejf. Can vou remember sir Thoinas
Ftqra^?— Capt. Clark, No, 1 can't.
Mfj. Jeff. Captain Clark, did yon know
^rer-a-one. of them that cried out so ?
Capt. Clark', Ko^my tord, I was before sir
Robert Clayton.
Seri. Jeff: Bfigor Kebey, Pn^ will you give
mtf lord and the jnry a.n aeo^nnt of what you
saw on Midsummer-Day ?
Mmot Kelaey.^ My lord, when iny lord came
out cvthe court, I went after, and some cried,
Sum him, stop him ; but I got between thein,
aadsbme of my iord^s iriends kej^t them off;
bat when we came just to the gomg out, they
gave a shoot, and 1 saw my lord mayor's hat
upon his bads, and I cannot tell whether he
ftoodied'tfae ground with his hand, but I was
even almost down ; said I, Gentlemen; do you
iBteadtemindarmy tod mayor?
I shall give you all satisfaction by-and by.
God bless you,' Mr. Sheriff, said I; and be
went again, and there I staid till they came
out, and then he went up on the hustings ; and
I went along with him Tihen he came out.
Seij. Jejf. Who went with him out to go to
the hustings ?
Hammon* Bit l^illiam Gdlston, atid several
other men ; there is neter a name in the in*
dictment more.
Seij.JTey^ Noneof them that are in' the in^
dictmfnt ? Name them.
Hamman, I have named them.
Serj. Jeff. Prithee name them.
Hammon, Mr. alderman Cornish, both the
sheriffs, my lord Grey, Mr. Goodenough, and
old Mr. Key.
Mr. Tfumpson. Which Goodepough f
Hammon. That Mr. Goodenough that standb
there.
Seij. Jeff. There is such a noise, that I did
not very well hear that word*
Hammon. Goodenough ; not that Good**
enough that looks upon me* hut he that stands
beliind.
Serj. Jeff. He falhi behind now, but ho ran
c^-and-down 1)ien ; and alderman Cornish
was there loo^
Mr. Jonts, Yon witness, yon have named nil
these men ; what did Shute do, or what did
he say ?
Hammon. When he came upon the hustings,
he made proclamation himself , because one or
two refused it,' he did it himseS'; and after a
while he adjourned the eomt upon the hust*
ings ; this was on Midsummer-day.
Mr. Jmti. What did he say ?
Hammon, As the commpn cryer usually
says at such times.
"Mr. Thompson. You say you saw Mr. Good-
enou^, and you saw my lotd Grey; updn
yoni: oath, can you-say they did anything, or
was any thing<{one in abuse to my lord mayor f
Hammon. They did not tell me, my lord,
what they did.
Mr. *]!homson, 1 ask you what did they do ?
X. C. J. Mighty busy they were.
Mr. Thompwn. How long was it after niy
lord mayor adjourned the court ?
Hammon. About two hours.
Bcr^.Jeff. So much the worse,
i;. C. / You must miderstaad it was some
* The same place which beibre was called
Ae Orphan's court.
S
259] STATE TRIALS* '35 Charle* II. ' 16».— Trwif of Th^mi
m [269
time bcfote Mr. Sheriff bad mad« kw adjourn-
ment, they >vere busy till that time.
'Serj. Jeff. My lord, if your lordship pleases,
I do agree with Mr. Thompson that the
jury should remember that this was two
hours after my lord- mayor had adjourned
the court. '
Lord Gretf. I desire, my lord, 1 may ask
him some jquestions. You say you saw me
go to the couiu-it chamber, at what time, and
who went with me ?
Hamman, A little before candle-light.
Lord Grej/, You say all the company went
out with the sheriffs, and went away.
llammon. My lord, I did not say yott came
out.
Att, Gen, My lord was of the upper-bouse.
Mr. Thompson, Yes, and may be there
again ?
Lord Gre^, I hope I shall be there, Mr.
Attorney.
Att, Gen, It had better you had been so
then, ray lord.
I»rd Grey, It will be the worse for you : I
shall not lie perdue tor you.
Att, Gen, If you tlireatenme, my lord, 1
'ShaUtake notice of it. My lord, I Itave done
you a kindness ; but if you come under my
nands again I shall not do it.
L. C. J, They would not have it said, God
save the King ; and, my lord, you were with
some of those that abused him.
' Lord Grey, After it was over, my lord.
Att, Gen, . You were not within your duty
here.
Lord Grey. My lord, it was after the poll
was closed.
Serj.. Je/f. My lord, Idesire, ifyoujplease,
what is usual in all causes, that we might go
on without any interruption. Let us go on
for the king, and then make all the defence
you can . Do not think either to biss or threaten
us out of our cause. Mr. Hi^gins, give my
lord and tbe jury an account of what you saw
or heard.
Higgim, My lord, I attended with sereral
. of our company by my lord-mayOr's coach to
Guildhall^ and was in tne oouncii-chamber, and
iie sent for the sheriffs ; and after that he went
away ; and when God save the King was said,
•aid they, God save the Protestant Sherifls.
Serj. /<s^. I desire to know, Mr. Higgins^
this, what they said ?
Htfgtiu. They cried, Down with the
8word.
Mr. ^Aompson. Mr. - Attorney is making
« speech to us, I do not kno«v what he hath
' said.
Serj. Jaff. I do not think Mr. Attoniey
thinks you worth a speech. Mr. Higgins, 1
desire to ask you a qoestion, I ask you diis
i^estion upon your oath, after the adjourn -
fiient of the court, and after this very inaelent
. behaviour of some of the rabble tnat were
there, for I can call them no better, who did
: J9a see there?
Sissint, After I went hoinei I ireot to nee
my lord sale home, and can^ back Again; I
saw one Freeman, that they call the Protestant-
Cheesemonger, calling, T% poU^ to p^^
Seij. Jeff. Pray who else did you sec ?
Higgin9. I saw aklerman Comidh come op
towards the sheriff's : Gentlemen, said be, Yoii:
are doin^-right
Serj. J^ Did you hear Mr. Alderman Cor-
nish say BO : What, tliis gentleman ?. Do yoii
knowjiim?
Higgins, Says he to sheriff Shute, Yos^
shall nave all rieht done to you.
Serj . Jeff. W no else did ^ou see there ?
Higgins. I saw Mr. Swinock.
-Serj. Jeff, Did you see Mr. Key? Did yop
see Mr. Piikington ? .
Higgins. I did not see Mr. PiUdngton : I'v
saw Shute.
^^j' *f^ff' Did you see Mr. Jekyl?
Higgins, Yes.
Serj. Jeff. Which of them. do you meanf
Higgle, TheeUlerman.
Serj.Ji^. There, is JohnJekyl the elder,
gentlemen ; and John.^ekyl the younger.
Higgins, I was disputing with a feUow that
his toes came out of his shoes, and bad a green
apron ; Said I, Are you a livery-man ? Yet, I
am. said he. Surely, said I, they do not use to
make such as you are livery-men. Says Mr.
Jekvl, He may be as good a man as you, for
auglit I know. That was about half an bout
aft«r my lord -mayor went home.
Serj. Jeff. What time was the adjonrft*
ment?
Higgins. About five or six. I wasspeokiag
sometnmg, You are all in a riot. This is m>
riot, says Mr. Swinock to me; I can never
meet you, but you are railing against the kin^a
evidence.
JL. C /. The king's evidenocy what wao
that? ;
Mr. Willianu, What was done by Mr.
Jekyl ?
Siggini* He> was talldng un^aig the peo-
ple.
Seq. Jeff, He ^ encourage . amoog tbe
rest.'
Mr. WilUmu. You are in a paauon now.
SeQ. Jeff, No, Sir, I am nU.
Hifginsn He seconded Mr. Cornish wheft
jheslud. Insist upon your Rights.
Serj./e/. Who did 80?
Higgins. Freeman, my lord, that they cell
the Protestant Cheesemonger.
Mr. WiUiams. A very pretty word indeed.
S^. Jeff. Aye, so it-is ; ne is^^ celled ; yoa
will ffive US leave to hear what the witneai^
speafs
Mr. Williams. Another epithet would do e
great deal better.
Seij. Jeff, William Bell, what was done npoa
the spot ? Was there any hurt ?
Mr. WlUianu. Do you say, upon your oath,
that gentleman ufas there ?
Higgins. 1 have seen him in the balcony.
Serj. Jeff. He says, he uses- to be there upon
public days in the coffee-bouse.— BeU^ I wov^tt
161 J ' STATE ntlALS^ 35 Crablss II. iSSS.'-^Mi &thir$yf&r a Rid. (263
iesm to know of you, wlietber you are able
to give an account after my lord -mayor's ad^
jbarmnent, who was there? Name as many
pemms asvou can.
BelL Mr, Bethel ; and I saw Mr. Cornish
go through the little gate into the yard.
Sen.Jdf: Who else? -
Bell. That is all, Sir ; sheriff Pilk'mgton de-
fiirered two poll books into my hand.
Ait. Gen, Mr. Vavasor, win you tdl my
lord and the jury what you saw ?
Vavasor. It happened thus : Mr. Hammon
Ind takite a man upon execution, who was bail
ior ff cKent of mine who had paid the monies
lofDfi^ before ^ upon that I came to know who
employed lum ; and coming here, I fmiud Mr.
'Hamnum in that place, and the croud was so
great, Do not go back again, said he, for you
will go near to be abused. Whilst I staid
there, I asked him what was the meanmg ;
^ys he. In this room are the sherifls and
some othtts casting up the poll ; and whilst I
staid, tfiere- came in Mr. Uooifenough to and
fko from them^ and before they would admit
any, tl&ey would know dieir names ; there
was Mr. &ey, my lord Grey, and sir William
Gabtoa.
Att. Gen. What afterwards?
Vaoator, Yes, Mr; Cornish was there ; he
and sheriflPSbute came out together, and they
went upoA those stairs under the clock.
* Att.Gen. Who came out with sheiiffShute?
Vavator. Cornish.-
Mr. WUUam. What Corai^ ?
ViOMisor. Alderman Cornish.
' Mr. WilRams. Very mannerly.
' Be^.Jeffl His name was Cornish before he
Vemuor. And sheriff Shute told the people,
If they would stay a Uttle time, he would give
Hxm safisftction. Upon that, Mr. Cornish
went throagh the company ; and when they
came to tfie husttng, Mr. ^ute ordered procla-
mation to be made, and tokl them, Whereas
my lordrraayor had taken upon lum to adjourn
at nine o'^ock ; We the sheri^ of Ijondon and
Middlesek, beinff iht proper officers, do ad-
jooni it to Tuesday at nine of the clock. Upon
thai an ancient ffeaOitaaan desired they might
prodaim the election. Thai says Shute, mat
1 eaniMA do it now, for we have taken very
good oouBsel fat what we do. Had it not been
hr Mr. Hammon, I had been, I believe, trod
md^ foot snflwwntly.
Serj. J^. Mr. Denham, who did you see ?
Da^m. I saw sir Thomas Player, and Mr.
Jenks.
' Serj. J^. Where did you see them, pray ?
Denltam. In the yard. I went hdme with
lay knrd-inayor, and then I saw them. I had
isiindoCglttioe, but I cannot swear positively
4» MBr. Jenki.
• 803. Jef. Sir Thomas Player, and Mr.
Jaks, whatdidyou see them do ?
■ 8irjPr. Winn. Havkyou, fnend,whti«wa8
•Xyni saw Uiem ?
' i^MA««. in tlie yard.
Sir Fr. Winn. What did you see them do ?
Denham. Nothing at all.
Seij. Jeff. How ma^y people might there ba
then ? Two or three hundred ?
Denham. Abo\ e a tbousandf
Mr. Willicms. What did you' bear sir Tho-
mas Player say ?'^Denham. Nothing.
Mr. WiUiams. How far was he from his
own door ?
Denham, On the other side of the hall.
Mr. Williams. A mighty way indeed, a
mighty thing. What said Mr. Jeuks ?
Denham. I cannot say, Sir, that I beard
him speak a word, tmly in the tumult.
Sir Fr. Winn. Friend, I ask you this ; I
think I heard you say, you saw sir Thomas
Player aiid Mr. Jenks in the yard, but you
did not see them do any thing at all ?
Denham. No.
Seij. Jeff. Pray, Mr. Farrington, will you
tell my lord and tiie jury what you saw after
my lord -mayor had adjourned the court ?
Farrington.^ I saw there Sheriff Pillnngton,
Sbute, sir Thomas Player, Mr. Wickham dio
scrivener in Lothbury, Mr. Jenks, Babiugton,
one Jennings an upholsterer.
L. C. J, Sir Thomas Player you say in the
first place ?
Farrington. Yes, and Wickham, mylordy
a scrivener in Lothbury.
L. C. J. Who then f
Farrington, Sheriff Pilkington and Shute,
and Mr. Cornish, alderman Cornish.
S«j«- Jeff. Did you see one Deagle there ?
Farrington. No, Sir.
Seij. Jeff. Wickham you saw there ?
Farrington. Ay, Sir, I know him very
welL
Mr. Thompson. What is Wickham's chris-
tian name ?
Seg. Jiff. John ll^kharo, he goes by that
name, it may be he was not christened. Was
Jenks there, do you know him ?
Farrington. The linen-draper.
Serj. Jeff. Ay, very well, he goes bv tho
name of Francis Jenks. Did you see Jdcyl
there ?
Farrington. I don't know the name ; I saw
a great many I knew by sight, but not their
names.
Mr. Holtk What did these gentlemen do?
Farrington. V\\ telWou, Sir; therewas sheriff
Pilkington and sheriff Shute, I went in where
they were taking the poll ; said I, Gentlemen,
my lord-mayor bath adjourned the court, what
do you here? I suppose it ties in my lord-
mayor's power ; if it lies in him to call, cer-
tainly he must dissolve.
Mr. Williams. You argue4l thus.
Seij. Jeff. Pray give us leave to go on.
Farrington. Tl^re was Mr. Wickham, and
says he. My lord- mayor hath nothing to do
here, neither will we be ruled bv any of your
tory lord-mayors. This is not the first asper-
sion, said I, that you have cast upon a geim&-
man that loves the church and the eovera-
ment established by law *, and they fell, afaoul
Sd3] STATE TRIALS^ 35 Ctf ablb» II. l6S3^7ripf ^f J1iom» PUkk^km i^€^
me, and had it not been for Mr. Fletcher and
iir. Hill, I believe they had done me a mis-
chief; for they trod upon my toea ; who did it
I can't tell.
8erj. Jejf. But you say sir Thomas Player,
and PiUdngUm, and alderman Cornish; were
araoncst them ? — Farrington. Yes, Sir.
Scr|. Jegr, That's enough.— Pray Mr. Cart-
wright, will you tell my lord and the jury
what you observed there, and who'was there.
• Ctu-twright. I know the names of no persons
that were there ; . all I can say was this : As
90on as my lord- mayor adjourned the court
upon the hustings, he came down, and going
out of the hall, he had like to havebeed thrown
down, had it not been for Mr. Shaw; and
King to save my lord- mayor, J wrenched my
ck, and I spit blood for 7 days aller.
Saj,Jeff. Tell that, Mr. Cartwrigbt, over
•gain;
Cktrtwrigkt. My back was wrenched in sav-
ing my lora-mayor, aod I spit blood 7 days
Serj. Jeffl £ndc?.vottring to save my lord-
mayor his back was so wrenched, that ne apit
blood 6 or 7 days after. Hark you, Mr. Cart-
wright,- ever smce that time have you found
any indispositTon ?
Cartwright, I b«v« BOt boen my ovm man
since.
Mr. Williams, He took a surfeit,
Seij. Jeff'. He took a surtint of ill company
I am sure,
Sol, Gen, Mr. Shaw, give my lord and the
jurv an account of what you know.
Shatv, My lord, my lord-mayor sent to the
flheii£%, aitd orde^^d them to ioibear polling,
and come up to the chamber, and sent two or
three timea ; bi|t they denied ooming to him,
and west on and ordered the Common Cryer to
make proclanMtion for them to depart ; aud if
ih^sy staid, that he would look upon them as
rio^rs, and there was hissing and agreat deal of
crowd ) and there was sir James £dwards in the
court, they huucheQ him with their elliows ; and
M hia.lordship came down, going down tlie steps
there was such a crowd, that If I had not
catched his lordship in oiy arms, be Jiad fallen
upon his forehead, and his hat was off.
L. C. /. Who did you see so misbehave
Ihemselves ?
Shaw, My lord, I can't tell.
Serj. J<?^. I tliink we have now proved it
r'nst every body. we design, save only against
Dea^e; for we do not now proceed
r'ast Dorman, Newman apd Benjamin
p. Now, niy lord, we will only prove
agamst John Deagle, and then we shall have
done. Mr. Kemp, will yon tell my lord and
jury vrho you saw here? Did you observe
^y particulars after the court wiis adjoumed P
Kempy I doQ't reniember I observed any one
plan.
Ba^.Jeff. You don't f Had you any dia»
paoTwt witn Mr.Deagle at any tuneT
Kmp, Yea, I h4d.
S<Br}. /<# Wbitiiidhe teU yo^t
Kemp. He did oonfesa ha was there aJbout ^
o'clock at night.
Serf. Jeff. He did own he was amoDgst
them P
Kemp. Yes, with alderman Cornish.
Serj. Jeff, \Vhat say you, Mr. Rigby ?
Ri^hy. I saw him aliout 7 o'clock.
. Bei^.Jeff, Was he in the crowd ?
Rigby. Yes, amongst the people.
Serj. Jeff Here is all now, g^enlleiiiesi, buT
Dorman, Newman and Beiyamin Alsap, an^
we don't go ugainst them now. After thev
had doneuis, and hissed at the king, and cne^
No king^, no lord-mayor, what acdaoiatioiui
went these people off with ?
' Hammon, When the court was hfokit V9
by the sherifis, they cried, ' God save our true
' Protestant shei-im ;' and in that manner they
hollowed us.
Serj. /(p/^ What say you?
HammoH, They hollowed us home, Sir^ a»
&r as Fishmonger's-hall.
Seij. Jeff, They began with a hisa,and eiids^
with a hollow. . ;-
Mr. Williams. Gentlem^, 1 am o^KfiM^for
the defendants ; and, my lord, the qjaeatioa is,
under favour. Whether tfaestf persbns taken ^
defendants, whethey they he giulty of this
riot, as it is laid in the information. We are
now upon a special case, and the aueition is,
Whether Goihy, or Not GuUtv ? M^y k>rd, ia
the first place, tor the cries ; what the ciy was
hath been too often mentioned ; fpr those c^es,
there, is nothing at sdl fixed unon any person
that is defendant ; all th^ ia cnarged opoi^ oi,
is, that we were in the ^1 it seenos, and be-^
cause there was this noise heard, therefore we
must be guilty. In this crowd w^e we ai%
I hear hissin^^ especially at th^ other tp^ of
the hall ; which of us are conoerneiii in it, is |i
hard matter to judge ; it is % bard matteiv
and it were very well, and it h^ul l^ean very
happy, if some of those persons ^ad been
apprehended for their hissing. I wiQ no^
sav, ^fentlemen, that either one p^y or the
oth(;r m the ctmtest made the noise o^ nissing,
but there is nothing of it fixed upon any of us.
Our case is this, my lord, with favour ; vhen
we have stated our case and proved it, we arp
very innocent, and not guilty of the riot, {a
sQipoe measure it hath been stated on the other
side. They say in the Informat^, that the
lord mayor called a common hall ; we do nol
dispute that matter, we. ap-ee it, ^at the Utti
mayor of London is the bng^s lieutenant; but
to make such an inference, Th^^t because the
lord mayor is the king's lieutenant ip the ci^
of London, that he must execute all the offices
in the city, is of no cnedit in the world; sa
that they are mistaken in thet. Men ^ra
boun4ed in their offices. The lord miiyor dpes
not execute all the offices in the city tbongh
he be lord mayor. The question between as
is this ; Whether the shenfls, in this case, did
more than their office as sheriffs <Mtthe^ciil^ of
Ix)ndon. There is a superiority due lo tJh^
tord major, AftoAir tluiig ve .9fpB» v^
265] &TATB TRIALS, 35 Chauxs II; iS^S.-^mid oikers, fpr § KM. [t66
then ; we agree h k in tbe lord nuMror only to
cdl these oommon haUe, and as lM(f . Sei^eaDt
Jefferies, tbat hath beeo in a good office in the
dtj, be i^^rees U lumself : and it is appaireDt,
there are some fixed days for election ; oat yet
lheii|^h diere be fiiced days for election, yet
there aiast be that formaiity of a summons
fxomtheUwd mayor to the city, to meet in
order to the election of sheriffs ror the city of
London and other officers \ that we do agree
that my lord mayor hath the power of caUibg
oomnioo halls, and he is the proper officer.
We agree also, |pendemen, thai when the
LM«n<'« is done, tor there is nothing in vain in
Bitare, and there is nothing in gOTemment
that shouid be in vain, when the business is
done, my lord mavor is to bid tiie company,
* Fare muk weU,' which you may call dis-
chaigmg' the oommon hall ; we asree that to
be comnMN^ and usuaUy done hy nay lord
mayor. Bot herein we iafftt^ which we are
to try, the right of the office of sheriffii beinff
the qaestMO ; it is a question of right, and I
dp not see the government is coiioerned one
way or other.
jL C. J. Upon my word I do see it ; and
sarely you must be blind, or else you would
see it too : when a company is got together,
* No God save the king I No ki^ ! No lord
p
Mr. Wmiams. My locd, I tlymgM I kad
Speiied it plainly, I speak before, a great many
peo^; 1 desire, my lord, this may be very
weD heard. 1 tibooght I had said, veiy well,
finom all these noisea and cries we are all in-
■oecst, we justify nothing of it, onlv we would
have been glad if Ihej^ had apprehended any
man that made that noise ; it had been a very
happy thioff if one of them, or all ef them had
been defenoanlB |o be tried. My dients are
defendaatSy they are innocent and nnconcem-
ed ; it is a crime committed by some where
these s^tlemen were by, but they are inno-
eeat; we hesr Jbi8Sing[ at the other end of the
room, it was an iU thing, and ^a treasenable
eomplexioD; but for these gentlemen they are
uneoneemed. The question between the lord
mkjfx and the sherifis of the city, is a ques-
liaik of right between the mayor andsherifis,
Wheduer it be the prerogattve of the mayor, or
the rigfat^of the sheriffs ? And I say, un^er
esfceclion again, this question, VHiether my
Wd mayor of Undon may adjourn the com-
BMm hail to a certain day, is a question of
eight ; Whedber he can do it, or the sheriffs P
aai I do not see what consequence it can have
upon the government. The lord mayor is the
king's d^utv, the sheriffs they ar^ the kind's
gffioeis; and the question is, Whether it oe
lathe lord may 01" or the sherifl^ of London to
adjoom it ? They are very good subjects, I am
nre this very year they are so ; therefore I
wsoder at thi»e gentlemen of the king's coun*
•di 4iat will me&le with the gOTemment, and
say the gDvemment is oonoemed m this; I
sjifeal teany man if thece ha: any more oon-
^am^diia^ I sa^ tbi?, httevca»»isMiMiioa
hall caUed, gvound^ n^n custom ia the fii^
of liOndon, and here is a single question,. Wha^
ther these sheriffs did any more thsia theiv
duty; whether they were guilty, of a riot in
continuing this poll ? Gentlemen, this is the
method we shall take. First of all, it is not
proved, that ever the lord mayor, before this
time, did ever attempt to adjourn a eommoa
hall to any certain time ; all the witnesses that
were called, that preleiMl to be knowing ia the
customs of London, the common seijeant him-*
self, he does not pretend that it was a^l^ouroed
to a day.
Serj. Jeff. You mistake. 1^ Kobert Cky«.
ton did from Saturday to Monday.
X. C /. What need if there had been no
precedent P If so be an assembly of peopie aie
met about business, and they cannot make aa
end of it ia a reasonable time, must they be
kept all nig^t tiU they have P What argummt
will you make of it P If a man aiay vatt aad
dissolve, do you think if there beoocasion, but^
by the law itself, that he may anj^ium to a oon«
venient hour P
Mr. Williams. ThatwUl be a<|uestion between
us. My lord, what I say certainly offset car**
ries aoaMething in it.
X. C. J. NotatsU.
Mr. Williams. Then, my k>rd, I havedooa.
X. C. J. Give us leave to underslandaoma-
thiri^,Sir.
Sir Jr. Winn, MyJ^rd, by your loedshif^a
fitvoar
X. C. J. I spuketo Mr. WiSiaaH, aMl h&
takes it so heinously at my hand that fiuts sig->
nify nothing ; I do again say it, the hakmffn*
fies nothing. For I tell youagssa aalaw, it is
pot denied the lord mayor may call, he maji
diasolve ; then, I say, by law withput faot,
by custom, he tha^ can bodi- call and dissaiiio,
may adjourn to a oonvenient tima» Aoast
ju&es of assize of aljl the counties off fiv-^
land do it, when a cause appointed to oe
tried in such a county such a day, and it may
be it is tried three days after P And ysS I nay
find me the statute or commission, or find ma
one thing or another, hestdesthe very law itself
that doth give theca leave to lyl^oani finom tiiM
to time.
Mr. WilUami. My lord, diere is a mighty
di^-ence,biitIamQidyupoAfiu:ft; these ge»^
tiemea will moee it was never praettsed.heibiii
sir Robert Cbylon's time ; what the oons&^
quence in law will be, that is in your lordships
breast ; I amaow speaking ufOft tbe evidence
that this hath not been piaotised. What the
law is, for that we are to. have Your ^udgmenti
whieh I humbly crave, I will be judged by
gentlemen that are my senion, and better read
m this nkatter ; but, mf lord, a man may havia
a power of calling or dissolving, and notof ad«
joumin^ • it may be so. But, my lord, ad*(
mitting it to be so for this time ; yet, my lord|
whether we era guilty of a riot, ^ike the ciiu
cumstances «f our case. Whether the right of
a^^Quraiiig heia diftsheriflh,yea, or nay, itisa
question of right, and I had irather apply my«
967] STAT£ TRIALS, 35 Charles IL i68S.— Tm/ o/Tkemas Pilkingten l^G^
ietf to your knrdsbip, than to tiie jiinr. If
there were a qtiestion ot'iight between tne lord
mayor and the sherifis, itmay be admitted by
rnir counsel, that it was his ri^ht to adjourn
the court, and probably the bheriffs might be in
the wrong, ana the lord mayor in the right,
l^he lord mayor adjourns the court, apd they
continue it ; they go on with the poll, aod go
on with the execution of their office, as they
apprehended ; if they were still for their right,
1 hope your lordship will not make this a riot.*
My lora, for- the circumstances that followed,
the noise that was mode, which I do not love
to mention ; if, I say, they were guilty of this, 1
am silent ; but if they did no more, as I hear no
more proved upon them than continuing the
poll, then, I say, it will be hard to make them
gaWty of the riot. And another thing is this ;
my lord, we all know, if- there were a thousand
«leotors, any man knows, that when there is a
question upon an election, it is impossible such
» thing shidl be, carried on but there will be re-
Tilijig) ill UuBguage, and the like ; and to turn
all these things to a riot, a thing so common
IW)m the be^nningofelections to this time, if
Iheiebe a division' and polling, there will be
something you may torn to a not. But, I say
this, they have not instanced in any one de-
^^ndant, that he was guilty of any one parti-
cydar act that amounted to a riot in itself, they
have not instanced in one. They say of alder-
man.Comish, that he was of the same opinion
with the shenib, that they did insist upon the
rights of the city, he iopk it to be the right of
tl^ sherifis ; ' And,' says one of them, * 1 will
stead (TOon it. Bethel that had been ^eriff. Now
we .will call oot witnesses, we will proye what
faath been the constant practice in the city,
we will prore the methods of a^onmment;
«ad# my lorii, this is to be said, which
ymir lordship, wilf observe, that the sheriff
•iboiinied the court 'to the very same time
wnh my lord mayor ; so that it was no more
than to bring ]die matter to an issue in this case.
. SirjJPlr. Winn. Spare me-a word in this case,
Isy. lord. . There is no evidence produced
against Treiichard, nor against Jekyl the
younger,, nor agamst Bifield, nor Of
these there is no question, but th^ are as if
$kij were out of the information ; I must beg
leaye for a woid or two ias to those defendants,
that .they have olGsred some etidence against.
The question is now;before your lordship, whe-
ther they are gndty of a riot or nor My lord,
fi»r ought I see, it will stand upon a nicety of
Nidgment; yet,i^tllierebenot matter enough,
geimemen, to make the defendants guilty d'a
) * *^ Itisaaoddkmdofprooeedmgthatmen
should be found guilty of a.riot when they met
about a lawful affair, vis. chusing th^ officers,
and were employed only therem, and when even
the matter of ru^ht is yet undecided whether
the lord mayor have such an aihitraiy power
t^rer the common haU as is pretended.^ Nar-
^ns Luttrall'sliS. INcfHiBlmcalRditioD,
riot, then it will ckiair the defendants. My lord,
as to those words, that really, were words tlmt
ought to be inquired into, who they were that
spoke them in relation to his majesty ; 1 think
it was a very ill thing of those men that saw
tlicm, that they would not neglect all manner
of bu^ness to seize them, I think it was a duty
to fix upon tliem ; but, my lord, there is no evi -
dence to pot it upon any of the defendants. My
lord, tliat being pared off, now the question is,
that the meeting together was lawful, that is
agreed ; then - when they came together, my
lord. I do diink, that if we do re^ upon the
evidence, it will be a mighty hard thing to make
this a riot ; setting aside those villainous words
that were spoken, which cannot rdate to the
defendants. Suppose, my lord, that among tb^
electors the whole common hall of the dty,
there doth a dispute arise, before the dection
is over, concerning the adjournment of the
sherifis or the lord mayor ; some men are of
one opinion, some are of another ; and thw
evidence, Mr. Peter King and another, at-
torneys, I asked the question several times,
' Did the lord mayor or London ever interpose
or concern himself in adjourning the hall, till
the election was quite finished?* And they
said, * No.' Then, my lord, I must say it as
to these particular defendants, in such a con-
course or people as were met Uiere, it is as slen-
der a proof of a not as ever was, and intimates
that the citizens of London, they that happen
not to be the greater number,, they that lose the
election, may be found enilty of a riot in chus-
ing othercfl&ers, as w^ as in the business of
sheriffs ; which being so tender a point, I
think it will be a very severe exposition, my
lord, to make this a riot. But now for the mat-
ter: we will call to your lordship^ several wit-
nesses, men that have been magistrates in the
city, that it vras always looked upon, that my
lora mayor, as he is the principal magistrate, he
gives notice for common halb ; and when the
several electors are met, and the business is
over, he directs them to go home, and dissolves
them ; but my lord mayor meddles not in every
little administration of the election of officers,
but leaves them to inferior officers, the sheriflfs
and others that is their duty ; my lord, with
submission they poll them, and send them honie
during ^e election, therefore by law they do^
this ; fer, my lord, the custom of a city, and the
custom of a place, is the law of the place ; atid
if the custom of the pUice had been, that the
sherifis have been the persons that have ma-
naged it, is their rig^t ; but their common Ser-
jeant he says be hath the sole management of
it ; then ii it be as Mr. Common Seijeant says,
if that must go, upon my word, gendemen,
your privilqies are reduced' to a mile com-
passi— ^
JL C. J. They did confer with one another
who they took to have the most voices, and so
reported it; notthathe did claim any tiling in
his own riffht, hot as an officer or the cityb
Nowit is main, and I thmfc there is no ineon-
yeaicB^ Mb upon it, if an offioaraoqaaiaiB
469T STATETRlAia^ B5 CirAaLEr tl.. \€^B.^Mwd i>thtT$Jw a mu. ■'
out of the hail tbroogh the crawd, aod
pulsed, the crowd wan so great 1 ooold not g«t
throagfa, but was fain to retire iwck again to
the hustings, as I remember, two or three'
times . There mi^ht be some such discourse as
Mr. Common Serteant hath said ; butthasiar
I can remember, that I did both myself, and the
common serieatat, signify -to them the businesa
I was about, and so many aldermen as made up
a bench, together, with Mr. Recorder, to
manage that business, must go ; and tiiat I
would leare the sherifis to manage the poHi
which I thought was their duty.
Mr. Thompson* Did you take it to bethar
right ?
Sir R. Clayton. I did not apprehend it to ba
my right th<ii. >
Mr. TAosipfon. And therefore you left it tr
the sherifis as their right ?
Sir Jt Clayton. I leit it to the aherift ta
maiMge the same.
Mr. WiUiama, Sir Robert Chyton, I sop^
pose when you were lord mayor, you.Were aa
much for the honour of the chair as any^ maa^
yottwould not have q|uiUed the right of Ihe
chair P <.
Sir R. Clayton. I did toot ; there was a trial
of me in that case.
Mr. WilUams. Now, Sir, for adjounungthe
poH : Did yon know anfy such questioB, whe-
ther a poll was to be adjourned lipon the ele^
tion of any sherifis ?
Sir K. , Clayton. There hath been a graft
noise about adjournments of late. That pa^
was the most litigioosof jany that I know we
have had before or since ; that was adjonnied
forsereral days.
Mr. William. Who adjourned that noM P t
Sir R. ClauUm. The sherifis did adjooni il^
Ithink, ^tliemen ; I do think the ahoifisdii
adjourn it, I was not present.
Au. Gen. Sir Robert, don't serve the oonvt
thus.
Mr. WilliaMis. Don't brow-beat our wit-
nesses, gentlemen ; I know, Mr. Attome|e,
yon are an ezamjile of fiur practice : We. am
examining our witnesses. .^
Sir JR. Clayton. Pray, my hnrd, let me ex-
plain myaelf ; 1 shall, let Mr, Attorney Gcoeral
understand me. I did never appear at-Gutkb-
haU, ^mless upon the a^eOUht of a court of al-
dermen ;' I did never appear at Guild-haD, hot
the firtt day we had" comnikitidns . here in this
court about the. adjournment, and uponitfae
hustings about going about the business- we i&)^
tended, and the hall was very intent upon jdia
poll ; I twice attempted to golHit, andoonM
not get out.; wheieupoi^ we were lainto'aep
quaint the hall, as weir as. we CQuld ibi^dio
noise, of the businesa we w^re torgu about, -and
they let me. go. I left behind the sherifik and
the coiimion Serjeant j. how long they staid, I
cannot teli ; I can upon my. own .knovrled^
give no, account of ihoBK - I^wacrnpt consulted,
to.the .best of pj knowledge,. afVerwards, nqr
didgivil any particular dis<>Qtioi|s for adjoqrtf-
meut._ I^dijd /\qt4jt>:it fwthif ifafon iil didl
nv lacd mayor, according to the best of our
ja^;ment, we think auch a man hath tlie most
vaices,'lfaal does not give him a right for him to
make an officer^ notat all.
Sir IV. Winn, I say what he said in his evi<*
deace; but one of the attorneys swt;^, that
thay have all equal power ; I wonder then who
ihotiKI make an endf of the business. My loru,
we will call to your lordship ancient citizens,
that bare been * frequent at elections, to give
you an account that the sherifis always )uul
the management ; that mv lord mayor never
eoocemed himself, till he bad notice it was de-
tmntn^,; audif that be so, and the practice
faaih been sOy then I don't see, under favour,
my lord, how they will make tbis a riot ; that
is the case.
Mr- Tkpmptan. Sir Robert Clayton, will you
please to fell my lord and the juirin what
manner the dection of sherifis hath been, and
how the mavors have usually left it to the
sheri^ in tnat case ?
SSr Rob. Clayton.* My lord, I have never
heard this matter hath been in question till of
Jlat^; so I cannot declare pouch on my own
knowledge, bow the truth of ikct is or shoidd
be ; I can only say this, what the practice
-hath been. When I came to the chair, I did
^deavour to know my duty, and to do it. The
first time 1 had occasion to take notice of this
matter waa in the year of my mayoralty ; 1
didthen^ according to custom, summon a com-
oHm-hall ; when I had summoned it, there
wa^ a person presented to the hall I had drank
to; me hall did refuse him, and there was a
^;reat iioise.and hubbub upon it, and we found
a way to accoounodate that matter, and lefl
diem to chuae two sherifis for themselves. I
retired into this court together with my bre-
threpi, and Mr. Recorder that was then : We
went iW the sherifis up to examine the matter ;
they told os, that they could . not agree .the
thinjgf, thore were lour persons in nomination,
hot they had granted a poll. After this we
,went do%vn into the hall ; of that Mr. Common
Serjeant hath given some account, and Mr.
Seqeant Jefieries ; I shall to the beet of my
memory give the best account 1 can of it : 1
abatt only tell vou what I did understand to be
my duty s 1 <u> not detennine what the prac-
tioe was, hot what I understood to be my duty.
When we came down into tii^ oommonhall, to
dedare how the matter stood, and that a poU
was agreed upon and granted, we would have
adjourned the court to. a longer time ; but the
people cried out, to ffo ^o the poll presently. I
was, as you have been told by Mr. Common
Seijeant, to go to the trial of one Giles, upon
:tbe assaasiu^qn of Arnold, to the Old Bfuley.f
Idid twice or thrice attempt to get down
. * He had been member in parliament for the
.c|ty.4if London, and in tb^ last parliament of
Cliarles the 2nd, mored for the bdl to exclude
• all popish tniccessore, and in particular James,
duke of York, Se^ 4 Cobb. Pari. Hist 1317.
f See VOL 7, p, X.130 of this Colksction.
Sfi] STXn TRIAL, iSikARLB^ H. i683^fHtf/ ofThmMi tHOdngt^n ^V^'
iMtlwik upon it to ttein mj power : If I had
•Mh a power, I did not understand it.
Mr. WiUiamt. Sir Robert, bow many days
do you think that poU continued ?
Sir R. Clayton. About six days.
Mr. WiUiams. Of thoee six, how many days
werfe yon present ? .
Sir R. Clayton* I did not understand it to be
B^dttty, and 80 did not look after it.
Mr. Thompum, Sir R. Clayton, I desire to
ask you a question, as to this matter yon have
giren in evidence ; Do you gire it to the best
of your remembrance, or positively? ^
• m A. Clayton, I tpU you, I speak to tlie
best of my remembrance every tning that I
•ay.
Att, Gen, Sir R. Clayton, I beg your fa-
vour, to the best of your remembrance is no
evidence, it is so lately ; if you please, sir Ro-
bert, you are to give evidence of a thing about
three years ago. I ask you, upon your oath,
«rho were your Aerifls P
4 . Sir K. CUttfton^ Sir Jonathan Raymond, and
air fliniOD Levns.
.Att, O^ I w«uM ask y«u then a plain
question, sir Robert, because you come in with
yimr remembrance: Did you give express di-
rection to the common Serjeant or the sheriflTs
to adjourn, upon your oath ?
Sir R, Clayton, I musk, Mr. Attorney Ge-
neral, by yom fcvour,take in my remembrance.
■ Att, Gen. Then yon are no evidence. Sir
ilobert, did you give directions or not, upon
ysvr ««th?
Ske R, Clayton, I canHsay it wasffiven.
Att. Gen. Didyou,ordidyounotr
^SirA. Clayton. My lord, I hope I have
apoke English in the case: We did discourse of
the adionmment in diis court, 1 believe it was
4iieoiR«ed below ; but, as I said, 1 was engaged
to go to the Old Bailey, and I would leave mat
jnatter to-tbe sherilb^ whose proper bosiness I
understood it to be.
• Att. Gen. I ask^ ymi, cir Robert, one of
jdie pteiHest qoestkma that ever was asked ; I
«Bk you, whether you g«ve the sheriflb or the
oommon serjeant express order to a^jonm.
Sh* ft. Cityum. I Mieve I did not.
AH. Gen. Di4tfae sherifla tell you they had
• ngitt then.
Btt R. Clmiton. There wasno dispiite who
had the right.
Serj. Ji^. Sir Robert, (f you please, I would
tak, youa fuestbn or two. Do you remember
tfaatthe court was adjouhied while you were
there or not ? Do you utaderstand the question,
m^ft^ibertf Do you remember the coAimon
Ml^aa adioumed while you ware there P
1^ A. Cbnfttfn, Yes, Sir, if you give me
iMvetoekphm myaelf,! tferiok die oommon
Iwil was aqioanwd;it was deekred ; but there
iwiBMchanoise in the ball, that the peo^
«on1d not hearit.
Serj.Je/. Birtihert IVM a tort (HTdeelBY-
'%imi madeby younMdf, Yo« diii.maka an ad-
jmirmDeat; but the nottowasaui^h, tfaAt the
paopfe did Mt ktors Aod if you remember.
there was a person affronted oneiif the sheriflli^
and I committed him to custody upon it.
Sir A. Clayton, We (desired toadjoom for
an hour or two, that we might go and refreab
ourselves.
Ser|. Jfif, Then yon remember there was
an adjournment . I ask you whether it was ap«
pointed to be made bv you or the sheriffs P
Sir JR. Clayton. Truly I believe it was ap-
pointed by me.
Serj. Jeff. Sir Robert, by asking a questioii'
or two, sir Robert, I know I shall bring some
tbin^ to your remembranoe»
Sir ft. Clayton, My lord, I don't kndw I
have given any. mat occasion of laughter te
my brethren ; these adjourpmeats have been
very common with us, and I might agree to it«
or order it, or direct it : but one of them I be-
lieve I did, or two of them.
Serj. Jeff, Sir Robert, I would only have %
question or two asked, and I knowny aslnig'
a question or two, 1 shall bring ikings to your
memory, which 1 am sure you cannot easily
forget. Were there directions given for pr<»-
ckmation to be made ibr all parties to depart in
the king's name?
Sir ft. Clayton. I believe there might
Seij. Jeff, The next question is, whether
the sberiifs ordered that proclamation to be
made ffir all parties to depart ?
Shr ft. Clayton, If it were done while I was
present, I make no doubt in the case but 1 did
direct it^I make no question of that.
Serj.Jf/f: Very well: Now rir Robert Clav-
ton, we are got to an adjournment to a time by
your direction, and proclamation by your di-
rection. Now I will ask another question,
upon your oath : Was not you in the commoh
hall, and ffaye order for an adjournment till
Monday toliowitig ; for I remember that day
to be Saturday.
Sir ft. Clayton, Truly I don't remember
that.
Seij. Jeff. You do not ! Sir Robert, you
know very well that the sheriffs of LMNton,
when the lord mayor and aldermen come back
to the hustings, the sheriffs sit remote, one on
the right hand, and the other on the left, fur-
thest from the lord mayor ; so that all the al-
dermen sit nearer to the lord mayor than the
sheriffs do : Did you mind that the sheriffa
came to you to speak to you any thing of an
a4ioumment?
Sir R* Clayton, I never saw it.
Mri Jonet, I would ask you a question or two :
Yon know this gentlenum, don^tyou? [Point-
ing to the common serjeant]
Sir ft. Clayton, Yee.
Mr. Jones. Did he attend the court at that
time ?— Sir ft. Clytm, Yes.
Mr. Jonet. Sir Robert,'! ask yuu* a'nur qnea-
tion, did yon lay any command on him to ad-
journ the hall at that time, from Saturday till
Monday.
Sir ft. Clayton, Pray, my lord, give me
leave to answer Mn Jones in my own vray.
Wi.hna. Myloid, laminyoarjudgoient^
t
273} STATE TRIALS, 35 Charlbs II. iSBS.-^ani ^kiri,^ a Rioi. [tr%
it if a &ir qooilioii wiUim his own recognizance
lile^ done, he ought to antwer powtifely , Yes
Sr it. Clayton, Am BOi I npon my oath ;
MB Y^m lel| me what I can say ?
A. JoMK. Ay or no. Any honest man
vBoIdde it:
fir JK Winn. All witnesses answer their
o«B way, don't they ?
Mr. Jones, Let him answer then his own way.
Att. Gen. My lord, yon knew there is a
role in chancery, if it be a matter within seyen
jetn, if it be net answered poeitiyely, it b no
answer ; If one asks a witness a.queBtioa that
hes within a little while, if be wilt not answer
affirmatirely, or negatiTely, he is no
L,C. J, I can't tdl, Mr. Attorney.
Mr. Janes. Will you answer or no, sir Ro-
bot, whether you commanded the common
lene&Dt to fto and adjourn the hall or no?
Sir R. Ctenfton, Idon*t remember that I did.
Hr. JbsMS. Then I oolv ask you this further
question, whether Mr. (Common Seijeant did
ast tell you, that it was not his proper bukmess
to do it, and that unless you would lay express
femmands opon him, and put the very words
in hb mouthy he did desire to be excused, and
did he not stand there ? [PDinting to the bar.]
Sir IL Clarion. I have heard, Sir, what Mr.
Cemmon Segeant did say, and I cannot chai]ge
my memory with it ; but I have that charity
fikr Mr. Common Serjeant, to believe there
vhriit be ^scourse to that purpose.
Sir jPr. Wiim. Mr. Love, in all your expe*
fienee, what do you remember ?
Mr. WUliamM, How long have you known
Geildhall and elections ?
Mr. Lave. I sappose, mv lord^ these gentle-
do not expect I should say any thing that
done that day ; but, my lord, all that I
Me you expect from me is^ what I did ob-
to lie the practice of the citj ; to the best
of my remembrance, I shall give you an ao*
caont. My lord, about 93 yeai-s ago, I did ob-
serve the practice to be this ; when I was called
nto this cwice of sheriff, I took it as a thing for
granted, that it was the sherifTs office to roa-
Bsge the common hall, that 1 did, as my lord
Mayor's was to have a sword borne before him ;
I have xeeeived it by tradition from all before
me, and my own experience. My lord, I re-
aanher when we came to chuse sheriffs upon
Ifidsmnmcr day, after the lord mayor and al-
dermen had been there, my lord mayor said to
me and my brother slierifr. Gentlemen, look
to yoor oflSoe. We accordingly went to it, and
chose two shniffs, one gentleman that had been
' to by my lord mayor, 1 think it was Al-
but notwithstanding that
drinking to him, we took no notice of that as a
eeremony, he was put in nomination among
odbcn, and being aseniw sitting alderman, we
relumed him ; otherwise, my lord, I assure
yon I wooM not have returned him, notwith-
•*TiMfing the drinking. AAer once that the
kad mayor and aUsrmen withdrew to go to
VOL, IX.
^ 'Counoil-chamber, they said to us, now
gentlemen, look to your office.
Thtmptom, What wasyoor office ?
Loroe. To chuse sherifis.
Mr. Thompton, Did my lord mayor meddle
with the election, or left it to the sheriffs .'
Love. Left it to the sheriffs.
Mr. WUiiuihs. What was vonr opinion, Sir«
was it in the lord mayor to take the poll, or the
sheriffs?
Xoee. Truly, Sir, I am not a competent
judge of whose right it was ; but if my loni
mayor had gone awut to meddle in it, I should
have prayed ray lord mayor to /meddle iu his
own office, and let me alone with mine.
Att. Gen. Yes, Mr. Love, }'ou were then
the tribunes of the people.
Sir JPr. Winn. liere are some say the com-
mon Serjeant and the oommou cryer have a
power, nay, the whole power of ordering the
nail during the election. Wliat is the office of
the common Serjeant there ?
Love. Truly ) Sir, I look upon the common
Serjeant and the common cryer as persons left
to assist us, because they could not put tis to
the trouble of crying O yes ourselves ; and if
any common seijeant or common cryer had
durst to put a question without my direction, I
would have known whether be could or no.
Sir Fr. Winn. Mr. Love, was it ever dis-
coursed to you when you was sheriff, or before,
or nnce, that ever my lord mayor did interpose
before the election was over ?
Lave, Since I was dischaiged of being a
magistrate, 1 never was at a common faaH
since. I have spent my money for the city's
service, but never got a penny by them ; I
never heard, that ever the lord mayor, till these
late times, interposed, but that the sheriffs ma*
naged the whole business of chusing sheriffs.
Att. Gen. Mr. Love, I desire to have a
word with you ; you speak of the time of your
reign ; I would ask you a plain question, Was
it Mtbre the king came in ?
Love. It was that year the king came in.
' Att. Gen. Was you chosen beiure P
Lave. Yes, I was.
Ait. Gen. Do you remember an act of par-
liament in 1648, then in force, of shutting out
my lord mayor P
Serj. Je0ries. I would ask him a question
or two. Hark you, Mr. Love, Let me ask you
a question or two.
Love. Sir George, I would give Mr. Attor-
ney an ansi^er.
L. C. J. What would you make of it? If
you ask liim of an act of parliament, it is some-
thing.
Att. Gen. You speak of a time when my
lord mayor had no more to do with it than 1
had. There vras an ordinance of parliament,
did you never see that?
Love. To the best of my remembrance I
never saw it in my life.
Att. Gen. Nor heard of such a thing?
Seij. Jeferies. Hark you, Mr. Love, I per-
ceive you would have disputed with my lord
T
mayor ; who was the lord mayor that you talk
of?— Lcive. Sir Thomas Alien.
Seij. Jeff. Now 1 would desire to know
whether you remember the city before the king
came in ?— Irf>w. For a little while.
Serj. Jeff. Do you remember any thing of
that custom of the lord mayor's drinking* to
sheriifs; was net that used before the lang
came in ?-^Lovc. A long time.
Serj. Jeff. It is well enough ; a long time.
Mr. WiUianu, My lord, we have seven
or eight more to the same puq>ose, but we are
satisfied with these gentlemen : We will prove,
if there was any thing like a riot, we will prpve
my lord mayor, and those that were with him,
were the authors of it.
i. C. J. When multitudes of people are
gathered tc^ether upon a lawful occasion, sup-
posing that they had a right to be there, I do
say, £at in that case it would be much a miti-
gation of the ^r, so for this same riot ; but on
the other side you must know, that these men
that do it, it dotli not excuse them, for ignarantia
jurit is not an excuse. It is true, if they had
bad a lawful occasion to continue to do it, but
in truth they had not, that will excuse them
iL ^an^o,- but non a toto.
Mr. Hott. My lord, I beg to put in this case ;
there is a great deal of difference where a per-
son does chim a right to himself, and does an
extravagant action. Now, my lord, these per-
sons did cUum a right to themselves to contmne
the common hall, and that it was not in my lord
mayor's power to adjourn it witliout them:
Now, my lord, they dainied this ri^t, if they
used no violence, that is excusable. If I should
daim a right to another man's estate, though I
have no ttUe, and say I have a right, and give it
out in speeches, no action lies against me ; but
if I do an extravagant action, and say another
man hath a title, there lies an action against me.
L. C. J. Now eo to your fact.
^r Fr. Winn. My lord, put a point to ns,
and wc need not call more witnesses.
L. C. J. I don't speak to hinder you from
calling your witnesses.
Sir Fr. Winn.- I put this case, we undertake
to prove, that it was always looked upon, that
it was the right of the sheriffs : suppose, my
lord, upon the dispute it should be round, that
the opinion of the jury should be otherwise ;
will tois turn to an illegal act P
L. C. J. C'ull vour witoesses.
Mr. Wallop. L beseech your lordship I may
put one cose m this point ; in a point of right,
if they have a probable cause to msist upon it.
Suppose I send forty men to a wood, and take
a car or a team, if tney be a competent number
to cut down wood, if we are mistaken in the
title, that is no riot. Lambert puts the case.
X. C J. But what if i had sent a great many
men to cut down the whole wood i*
Mr. Williams. We will oaU some witnesses
that will take us off from the riot thus, if so
be We can excuse ourselves of the disorder, and
put it upon my lord mayor, then wc are in-
neoeot.
Sss^Trial of TkmM PilkbigUm [5276
L. C. J, Very well, if you do that
Mr. ■ Mr. SiUey, are you aoauaipteit
with the manner of the election of slierifis T
How long have you known it ?
SibUy. I have been of the livery ever suic0
1639 ; in all my tirne^ I speak, geotlemen, to
the b^ of my remembrance, it mith been th«
custom in all my time, except here of late, tbac
the sheriffs of London have had the manage-
ment of the eksction.
Mr. . Did my lord mavor ever inter-
pose till the election was over r
Sihley. I never knew my lord mayor inter*
posetilllately.
Sir Fr. Winn. Did you ever hear my lord
mayor pretend to it till of late P
Sibl&u. No, my lord.
Sir Fr. Winn.' Did tlie mayor use to be pre-
sent at any election during the election f
Sibley. I have been most commonly there.
Sir Fr. Winn. But the mayor ; would the
mayor be there ?
Sibley. The mayor and aklermen went bflT
the bench.
Sir Fr. Winn. Who managed the electioOB P
Sibley. The sheriffs.
Sir Fr. Winn. Were the common seijeafll
and the common cryer thei'e ?
Sibley. The common seijeant and the com-
mon ciyer are always there.
L. C.J. 1 pray thus ; you have known the
city, it seems, a great while. I would ask yon
this : pray who did call the assembly that was
to chuse the sherifis, did the shenffs, i/t the
lord mayor?
Sibley. We commonly received the tickets
by the officers of the s^mpanies. •
L. C. J. Did the officers of the companies
summon the assembly ? Hark vou, pray. Sir,
recollect yourself; do you take it, that the
offioers, the beadles it inay be, of the spv«ral
companies, did they summon the livery-roen,
and so a common hall was called together ;
was it 80 in your time ?
Sibley. It hath been commonly so ; we
have received tickets from the beadle of the
company.
L. C. J. And my lord mayor had nothing to
do with it then P
Sibley. What order the masters and wardens
had from my lord mayor, I never ini|ohel
into that.
X. C. J. When the hall was dissolved, who
ordered proclamation to be made, the sherifls
or the lord mayor P
Sibley. My lord ma3ror hath not used to be
there.
Mr. Thomptoti. When they had done, they
went BM av. He won't trouiHe your lordship. >
L. C. J. Pray, had ray lord any hand in
summoning ; did he direet the summoning tf
them ^-'Siblev. It i& more than I know.
L. C. J. You brii^ a witness that knows
nothing of the matter.
Serj. Jefferies. Mr. Deputy Sibley. Give
me leave to ask Mr. Sibley a qnestion or two t
I shall set him to-rights presently. Mr.SiUeyi
9T7) STATB TRIALS, 35 Charles II. l683.--MNf ^iheriifm- « At#f. [270
iff be Bot mntaken, iron are one of the com-
paojr of tBAow-cliaiidlen, and you have been
■nster of the company, and yoa hare been
warden of the ooynpany. Yon ?ery well know
what directions are given to the beadle are j|^e-
nendly hj the master or wardens : pray, upon
yoDT ooth, when you were master or wanlen,
was there erer auv precept sent to you to
snmmoD a common nail ?
Sibley. Indeed I don't remember that, Sin
Mr. Thompson. If your lordship nlease, we
hare done with our evidence ; I woulu beg your
lonMup's opinion in it.
% Pr. Winn. We do admit my lord mayor
flomnionsthe court.
X. C. J. But you bring a witness that fpiiows
nothing in the world of it, but yet you would
have it taken for gospel, that the sherifTs had
aO the management before that time forty
years together, till now very lately. But
when he comes to be asked, now is this as •
aembly or common hall called together, alas !
he knows no more of that than one in Utopia.
Mr. Thompton. My lord, we have several
other witnesses, but we will call no more.
AttJ Gen. If you have no more, we will call
two or three more.
BIr. T%ompton. We have some to prove, that
my lord Grey came to speak with sir William
Goktoti, and went away again ; and we desire
to call sir Thomas Armstrong.
Sir ¥r, Winn. My lord, if }'Our lordship
pleases, thus, there will be it seems some par-
ticular defences made. Your lordship hath
heard their evidence, and what we have said ;
we desire to call two or three witnesses to ano-
dier bead. Your lordship hath heard there
was some rudeness by some of the people, but
who they were it doth not appear. We will
can two or three witnesses of tne behaviour of
those men and company that came with my
hiffd mayor; that wnatsoever disturbance was
made, they were the chief men that made the
disturbance, and my lord mayor could not
help it, nor we neither.
jL C. J. Sir Francis, I believe those men
Aat would not have God save the king, my
kud mayor could not hinder them ; but will
you undertake to prove, that those that came
with niy lord mayor, that they were the men ?
Sir fr. Winn. They were with them, my
kxrd.
Seij. Jej^. They were with them that cried,
' God bless the Protestant sheriffs.'
Slley. My lord, I desire to explain myself
to what I said ; it is several years ago since I
was master of the company ; I &> not re-
member, but I belieye the summons was di-
rected from my lord mayor.
Mr. Freak. Mr. Winstanley, what account
ciDyou give to my lord and the jury ?
wuulanley. I have lived near the hall, ai^d
I often came in, but I was not a liveryman
upoD that poll that was between Mr. Kifien and
sir Robert Clayton ; the sheriffii managed it.
Mr. Freak. Who managed it?
Wintt. Tb«alieri&.
I^Ir. Freak. Who decfaund ?
Winst. Thesheriifii. ^ •
Mr. Freak. Did the mayor come down to
declare the election P
Winit. The mayor came down after the'
poll, but tha sheriils took the poll.
Mr. Freak. Who was then mayor ?
Winit. Sir James Edwards was sheriff, and
sir John Smith.
Mr. Freak. Who was mayor ?
Serj. Jeff. It was sir Samuel Starling.
Mr. Freak. Who put the Question upon tha
hustings?— m'i«^ I can't tell.
Mr. Freak. What did you hear the sherifis
say, or see them do ?
Winst. The sheriffs presently ffranted a poH,
and parted one to one door, and the other to
the other.
Mr. Freak. And who took the poll ?
Winst. The sheriffs took it.
Mr. Freak. Who declared the election ?
Winst. The sheriffs.
Mr. Freak. Who were sheriffs tlien ?
Winst. Sir James Edwards, and sir John
Smith.
Serj. Jeffl I would ask you this question :
do. you take it upon your oath, that the sherifls
declared the election ?
Winst.. I decUare upon my oath, that the
sheriffs took the poll.
Serj. Jeff, You may guess pretty well what
I mean by this. First of all, I ask you, did
the sheriffs put the question ?
Winst. The sherifis took the poll. Sir.
Serj. Jeff. Nay, answer my question : did
the sharins put tlie question, or did any body
else?
Winst. Truly, Sir, I have forgot ; you were
there.
Serj. Jeff. I know I was. Sir: I know ver^
well : I ask you upon your oath, who was it
that decUred the election afterwards, upon
your oath ?
Winst. Truly, sir George, I do not re*
member. *
Serj. Je^ Mr. Winstanley, one went out at
one door, you say ; and the other went out at
the other, you say; now X say; who took
notice, and told the names of those that went
out at one door and the other ?
Winst. The two sheriils.
Serj. Jeff. Who else? --Winst. I cannot tell.
Seij. Jeff". Do you remember me there at
the great door, when tliey polled and went out ?
Do you remember who told them ?
Winst. No, truly.
Serj. Jeff. Pray, do you remember when
one Mr. Broome, a wax-chandler, was chosen
Ale-conner ?
Winst. I was in the hall ; but I do not
charge my memory with it. .
Sol. Gen. Whoisitgrants the poll when it'
is demanded ?
Winst. I do remember very well, sir Geoiga^
Jefferies was in the hall ; they demanded a
poll, and so went out.
Sol. Gen. Who grantedit^ '
3T9] STATfi TRIALS, ds CBarles tl. i6S3.—THal e/7%ma$ PtOiingion [^%i^
Winst, Thet\«09lierifl^.
Seiji. Jeff. I will put you a case nearer home,
Mr. Winstantey : You remember wben sir
Thomas Player was chosen chamberlain, when
"the question was put who should be chamber-
lain, between him and a gentleman 1 see not
iar from me ; Who, do you remember, ma-
naaed the poll then ?
iVinst. There was no need, sir George.
X. C. J. What do you mean to do with these
litte witnesses ? You call witnesses that know
A^idmig 6f the matter, or noAinsp to the pur-
pose.
Se^. Je^ My lord, let me ask him but one
<|,tiestton more : I know he hath been a very
|n«at evidence in this case ;■ I remember when
tbat gentleman was in for bridge-master ? Who
was the poll demanded of at that time ?
Winst. Truly, Sir, I think it was demanded
of the court.
Serj. Jeff, Of the court?
Wiast, Usually upon other days, tny lord
mayor, and the court come down : But upon
Aliusummer day they ao up.
Sen. Jeff, But I ask you, of whom the poll
was demanded at tbat time.
Win$t, I donH remember it, I will assure
ypu-
X. C. J. You told us that point would be
grantedi and you would not stand upon it.
Mr. Williams. My lord, where there are so
many men, there may be many minds : I
would have your lordship and the jury hear
them.
Mr. Jones, The government is conceroed,
Hr. Williams.
Seij. Jeff This is not a matter of mirth I
Win assure you ; it reaches the government.
Mr. Williams. My lord mayor hath the
Dowerof adjourning the hall, but not till the
business is done.
Mr. Thompson. My lord, I would^ut you a
case [Here Mr. Jones offered to interrupt him.]
Sure Mr. Jones, I ought to be heard. If my
.k>rd mayor hath power to call a common hall,
he hath not to adjourn it before the business is
4one.
X. C, J, If a writ comes to the shecifXs to
ehuse parliament- men, then thesheriils hare it;
but this is my lord mayor's office, he hath
p<2wer to dissolve and adioum.
Mr. Thompson. I speak to this case, my lord ;
1 will shew your lordship an instance where it
cannot be done. My lord mayor hath power
to call here, and he hath power to dissolve, say
thev : My lord, it cannot be, with submission,
in all cases. He hath power to ^1 an assem-
bly when there is a mayor to be chosen ; and
the citizens have a privilege to move their
mayor or continue him: Nowif itwciein the
power.of the mayor, and there should happen
a question, who they were? For, in a grtat
number' of electors, if it were in his power to
Mi^'um from time to time, he must continue
mayor.
X. C. I, It is jtlain he may do it for all vour
•bjection. Yookoow it tvas agreed by all sides
that sir Samu^ Stalling, the lord mayor, had
ivell dissolved tlie assembly, that is, in point
of law, and they could not say the assembly was
in being ; yet afterwards there was an actioo
brought against him ; and there they laid, how
that maHciously, and to the intent that he who
was chosen into the place of Brt(tee*master, to
which he was duly elected, shouldbe set spride,
he goes and dissolves the assembly, and deniel
to grant him a poll, which they ought to have
had ; yet for all that the asBemUy was well dis*
solved.
Serj.Je^ Conclude, gentlemen, condnde.
Mr. Thompson. That which I have to say is
a point of law.
Seij. Jeff Sir Fr. Winnington, if you design
to conclude, I tell you beforehand, 1 would not
interrupt you ; x^e will call a witness or two.
Sir /v. Winn. My 'lord, because we would
make an end, I will call two of those men that
came with my lord mayor, to shew that if there
was any I'udeness, those very people that came
^vith my lord mayor, were the cause of it.
Sol. Gen, That they that came with my lord
mayor caused them to stay after my lord was
gone?
Mr. Thompson. Mr. Jackson, pray can you
remember, whether any of the defendants
here were concerned in any aflh)nt to my lord
mayor, or who it was that my lord mayor
received an affront from.
Jackson. I did observe, my lord, as he went
ontof the hall, I took my back and set it against
the crowd, and had my face towards my lord
mayor ; and I was crowded so, that I could
scarce spe myself one way or other, but got off
the steps at last, and went home with my loitl
m^or.
Mr. Thompson. Can you say who struck off
the hat?
Sol. Gen, Where do you live, pmy ?
Jackson. I live at Charing-ci'oss. •
Sol. Gen. With whom?
Jackson. With myself. Sir.
Sir. Pr. Winn. What is your name?
Serj. Jeff, Don't you know the sword-bearar
of BristoCsu* Francis?
Mr. ThoTiq>son, Mr. Roe, were you her«
when my lonl mayor was crowded ? Who of-
fered any affront?
Mr. Williams. Pray will you give my lord
and the jury an account of what you beard,
and wYiete the disorder be^n ?
Roe. My lord. I was in Cheapside, and I
heard a ffreat noise of huzzaing, and a terribls
ttoise indeed ; and I met with a fellow rtmliii^,
my lord, and I stopt the fellow: What is tbs
matter. Nothing, said he, but an old fellow
riding skimmington and skeleton ; and in ths
street I saw a matter of a hundred with their
bats upon sticks, crying, damn the Whigs ;
said I, < Gentlemen, what's the matter?' said
they, < The work is done to stop the poll ;' and
that is all.
L. C. J. Hark you, were you in Guildhall f
Roe. I followed them a little way down the
street
«1]
STATE TRIALS, 35 Cfl A»L«f II. l6ea.-wwl Mors, fir m KM. [ttf
L. C. J. Hftfk you, did you sec Ay lord
nayor's luUdown upon the ffronnd ; and was
he like tobe thrown down ; did you see tfiat ?
Roe. No, I saw nothing of that ; I heard
such a noise, 1 was glad I ^rid of them.
Mr. WUUams. 9^ lord, we have no more to
say in the ffeneral ; all that I have to say now
is for my lord Grey. The evidence afifainst
my tord'C^rev, was, that he was here : Now,
m^ lord, we nave witnesses more particularly to
daend my lord Orey .
Au. Gen. We snaU call a witness or two to
dear what that gentleman said when sir Ro-
bert Clayton was mayor.
Seij. Jeffl Piiiy, gentlernen, Yet us have a
Gttie patience. Pray, my lord, if your lordship
please — Here is such a horrid noise — Upon all
the matter, I don't perceive, but sir Robert
daytoa does himself believe proclamation was
male by him ; he does believe the adjournment
was made by him ; but as to thea^joumment to
Monday, he is not certain of that. But if
your lordship pleases, we have here both the
sheriffe, sir Jonathan Rajrmond, and sir Simon
Lewis, that will shew the oonrt'wheiher tliere
was any such thing'.
Ati'Gen, Bemre Bethel came out of the
North, no sheriff ever pretended to it.
Sag. jejf. Pray, sir Simon Lewis. I de-
sire you would satisfy iny lord and the jury
coDoeming the adjournment when you went to
the sessions house in the Old Bailey : Did you
order the adjournment of the poll, or my lord
mayor?
mr Simon Levois. We came and waited upon
my lord mayor here, and told him they de-
manded a poilvnthout ; we took his directions
and my lord mayor did adjourn the court, by.
reason-that the assassinators of Arnold were
to be tried ; and by reason of that it was ad-
journed tin Monday, and my lord mayor and
the aldermen went thitlier ; but indeed we
were left as prisoners, and I received a blow
on my breast.
Att, Gen. Sir Jonathan Rajrmond, did you
pretend to have the power then of adjourning
the court ?
Sir Jan. Raymond. My lord did adjourn the
oonrt because of that trial, and then after-
wards we went upon the poU ; we were seve-
ral days upon it : We only appointed from day
to day till we had made an end ; and when we
bad made an end, wc declared it to my lord
mayor and. the court of aldermen ; anu my
lora mayor and the 'court of aldenaen came
upon the huntings,' and declared who it fell
upon.
Alt. Gen. Sir James Smith, when you
weresherid!^ did you pretend to have any such
power.?
Seg. Jeff] Upon ywar oath, did you pretend
10 have a power of adjourning common halls ?
Sir /. Smith. No, Sir ; we were sheriffs im-
medistely aller sir Robert Clayton ; I never
iieafd it ooestioned but my lord mayor had the
nebtof it.
Sir Fr, Winn. Sir Jonathan Raymond, I
8
Ank yoQ say flie sbanib d&d ai|iMai#«* day
today at that tkne ?
tifyr J.Raymtmd, WcoonldiiotiiiafceancMl
of polling ; aad we did appoint fivm day to
day tifl we had made an end of polling.
Com. Serf. My lord, I will give your lordship
an account of this whole day's proceedioffB:
We came to the hall, and after Mr. Recoi&r,
sir George Jeffieriesj had attempted to speak to
the hall, (fer tbey were in such a tumult tbey
would not suffer him to spcok) my lord UMf&r
withdrew: there was a very great ckooour
and iioiae;' bat at last tm question was
pot ; and I came up with the sbeitfb hither,
and aoquaiated my lord, that Mr. Bol^l «a4
alderman Cornish -had tho nMMt bnrib, oM
that there was a poll demanded betweoa Mr.
Box and Mr. Nicholson, and Mr. BcAd and
Mr. Cornish ; then the dispute lay as iielweeii
Box and Nicholson, and alderman OorMsh and
Mr. Bethel: I acquainted my lord mmir that
was, sir Robert Clayton, that Mr. Reoordor
said ho would not go down to make do^doratioD,
they would not hear him : upon that sir Ro*
hart Clayton took a panor and gare it to me,
with these very words : [It is the greatest
tumult I was ever in all my lite, and I have
some reason to remember it. J IVy'thee, says
ne, do yon make doolaratioB to them; for 'if
they will hear any body, they will hear thee ;
Sir, says 1, because it is not the duty of my
offioe, 1 desire your particular direction : then,
says be, toll them I must adjourn it tiU Mon-
day, because 1 most go to tlie Old Bailey, to
tiy the assassinates of Arnold : whereupon the
' hall was adfonmed, and in a great tumnlt, and
my lord mayor attempting to go^ out, he waa
benit back twice or three times ; he spake
something to them, and they went away, leav*
ing me and the sheriflb upon the hustings, and
there tbey kept us prisoners till six or seven
o'clock at night. On Monday, when we came
to poll again by his direction, I went to hia
, house, and he gave me direction to go with the
sherilis to adjourn it : afterwards there was a
court of aldermen purposely called, and, upon
their direction, I took 'the poll and kept it, and
every adjournment was made by his particular
direction to me.
Sir Robert Clayton. Gentlemen, I do desire
1 may explain myself, because I was imper-
lectly heard : some pert of the story that Mr.
Common Serjeant does say, I do remember,
and will tell you what I do remember of it. I
remember the coming up, and! remember,
Aat Mr. Recorder was uot willing to go down,
there was such a hubbub; I remember that
very well. The particular words I said to
him, 1 cannot charge niy memory with ; we
had discoursed. I remember the adjournment,
and we discoursed of the adjoi^mment below;
we made proclamation, but the noise was so
great they could not hear ; and upon my at-
tempting to go out, I was beaten back twice or
thrice, and then we were fain to let them know
the business we ^vent about as well as we
could, and then tbey let me go, and 1 left the
983} STATE TRIALS, 35 Chablbs fL i6BB.—TryilofTkama8
im [^M
■herifik Willi tbem to iffree of the maimer and
methods of polling. There were several ad-
joumroents madeulerwards ; I cannot charge
myself with it : I might be^ particularly con-
sulted ; butfor;the particular times of adjourn-
ment, I did not think myself concerned in
C>int of reputation ; if 1 thought I had been
ameable, I should have concerned myself to
hare giren more particular directions.
Mr. Thompton, If. your lordship please, I
have but tins ; admitting the right to be in the
lord mayor
L. C. J. Do you make a doubt of it now ?
Mr. Thompton, Admitting it, those gentle-
men that came to continue the poll, it is a
question whether they can be guilty of the riot
or not.
Mr. W • There are some itkree or four
of the defendants that have a particular case ;
that stands fay themselves ; and it rests upon
this point, Whether my lord mayor hath this
power or not ? For so much of the evidence as
concerns any noise or hissing, or any thing of
that, that relates to the time of adioumment ;
for it was done at the time of the adjournment.
As for Mr. Cornish, Mr. Goodenoueh, my lord
Grey, and one or two more, they did not come
till within some three hours after that, so that
they cannot be engaged in the noise, or that.
X. C. J. It is no . matter, Uiey came time
enough.
Mr. WiUiamt. We have done, my lord, with
(he fi;eneral evidenoe ; we have something to
say m defence of my lord Grey ; all the evi-
dence against my lord Grey is this, that be
was here about seven o'clock at night For
that, gentlemen, we say this; that my lord
Grey nad some business here, and my lord's
business was this; my lord Grey was here
about the sale of a manor in Essex with sir
William fSulston ; mv* lord, they had ap«
pointed this rery day for that business, it was
my lord's interest mightily to pursue it, and
sur WJHiam happenfS to be. at sir Thomas
Player's, and knowing this to be an election*
day, my lord dined that day at an eating-house
in the Haymarket, and afterwards came to
Peter's coffee-house, in Covent-garden, and
staid there till between four and five o'clock
hi the afternoon, when he thought the h«it
would be over; and then he came to make
inquiry after sir William, and took up in
Bruen's coffee-house about five or six o'clock ;
there he continued quiet in the house till all
the noise was over ; tben he sent to inquire for
sir Wm. Gulston, and hearing he was at sir
Thomas Player's, he and sir William went to
a tavern, and there they treated, and finished
the afiair., My lord, we will prove it; call
Mr. Ireton.
Ireton. My lord, I know that at this very
time my lord Grey was treating with sir Win.
Gulston about the manor of Corsfield, in Essex,
and my lord Grey and sir Wm. Gulston had
appointed to meet that night at the other end
of thetovk'n, if the poll were ended. In the
cveuing I met my lord Grey, who told me he
had been with sir Wm. Gulston in London, and
had dispatched the business.
X. C. J. Did my lord tell vou so ?
Lord Grey. He treated for me, my lord,
with him.
L,C. J. Pray, for God's -sake, you must
lay your matter a little closer together ; if be
was to treat about the purchase of a manor,
was there no convenient place for company to
treat about it, but while they were casting op
the poll-books with the sheriff and Good-
enough P Was that place fit?
Mr. Holt, My lord had appointed to speak
wifh sir Wm. Gulston that day in Covent-
farden, if the poll had been over ; but not
nding him there, came into the city.
Lora Grey, That ffeiitlemau went between
sir Wm. Gulston and f.
L. C. J. Where were you to meet?
Lord Grey, At the Rose tavern, in Covent-
garden.
X. C. J. What made you here then ?
Lord Grey. Not findinghim there, I came
hither, and spake with sir Wm. Gubton in that
very room. The poll was over, and the com-
pany gone.
Mr. WiUiamt. Mr. Ireton, Do you know
there was any treaty between my lord Grey
and sir Wm. Gulston about the sale of any
land ? — Ireton. Yes, Sir, I do.
Mr. Williams. When was that treaty ?
Ireton. About a twelve-month since.
Mr. Wifliamt. Do you know they had any
discourse about it ?
Ireton. Sir, they had ; I think it was Mid-
suiumer-day, the day the election of sherifia
wa^.
Mr. Williams. Were they about that treaty
that day T—Ireton. That day, ray lord/
Mr. Williams. Where was the treaty ?
Ireton. In sir Thomas Player's house.
Mr. Williams. What time of the day ?
Ireton. About 12 o'clock.
Mr. Williams. Where went my lord after-
wards?
Ireton. My lord went to dinner, as he told
me, in the Hay-Market.
Mr. Williams. Did you know of any ap-
pointment to meet again ?
Ireton. I was informed so, but cannot posi-
tively tell.
Wr. Williams. Sir Thomas Armstrong, Pray,
Sir, will von give an account where my lord
was that diay ?
Sir 71 Armstrong. I came up this way
about 6 o'clock, and was in a cofiee- house by
Guildhall.
Mr. Williams. Do you know any thmg about
that treaty.
Sir T. ArmstroTig. I saw them t(mther that
night. I saw them together at sir T. Player's
al^ut 19 o'clock, and again at 8.
Mr. Williams. Do you know any thing of
treating about this land m Essex?
Sir T. Armstrong. No, I do not.
Att. Gen. You did not see them in the
chamber?
285] STATET&IALS, 35 CHAELS6 II. I68d.--Mir olAer«, /or (V Jib/. [aatf
Sir T. Amutrong. Does any liody say I
in?
Lord Grty. My lord, I will gire yon an ac-
eoiint of il. '
Mr. Wiliiamt, My lord, Mr. Ireton tells yon
this ; my lord Grey and air WiDiain Gulston
were in treaty about buying these lands that
Tery mominff together; says sir Thomas
Anastroncf, about noon ; afterwards my lord
went to the Hay-Market, and staid there till
evening', and my lord and air William were to-
gether again at night. My lord, this case will
depend upon vofor lordship's directions. It is
rcTY plain, that my lora- mayor of' London
hath the sommaning the common-hall, and
when the business is done he hath the dis-
charging them. My lord, if it be true what
Mr. Love and others saj, they tell you, that in
all their time, their opmion is so, that it be-
Jsngetb to the sheriil&, and not to the lord mayor;
what may he the consequence, lies in your lord-
ship's opinion. Now for the conseijuenoe if
it were no more than a matter of opmion and
right, and the sheriffs insist upon it : Are these
defendants and the sheriffs guilty of these out*
ratpes i' For there is nothing proved upon them.
TSas don't make them gpuilty of any thing
more than a bare continuing tlie poll. There-
lore, my lord, I must submit to your direction,
how fur the jury will find us, or any of us,
guilty of a riot in this case.
Sir Fr, Winn. My lord, we agree they did
emtiiiue the poll, and the defendants did an-
prehtnd it was hiwful for them so to do ; if the
jury should think they did misapprehend what
was the ancient usage of the city ; if your
lordship should be of opinion, that by the law
the lord mayor ought to do it ; yet I do say,
k being so probable a case, their insisting upon
k will not make it a riot : Your lordship will
be pleased, 1 hope, to take notice of it, if they
find the mayor bath power to a<)joum it ?
Mr. WaUop, I humbly conceire, that the
information does, in truth, destroy itself, for
it is agreed on all hands, as the informa-
tion sets forth, that tbey came together
open Tery lawful occasions ; and the informs-
lioD sets forth, that by colour of their office
they did as if they were lawfully assembled.
Now, my lord, they have overthrown the de-
finition of a riot, for a. riot is, when three or
more are come together to do an unlawful act,
snd they do it. l£» that it is a very hard matter
to make this a riot.
X. C. /. Does not this matter appear upon
seoord?
Mr. Holt. No, no, my lord, it don't.
'Mr. Wallop, If men do lawfully meet tc-
geUisr, if by chance they fall togemer by the
eus, and commit many misdemeanors, this can
never be a riot. But, say they, here was an
a&oamoient, a command by my lord- mayor to
idjoura the coiiti, and they continue after
MHoomment: Now, my lord, the question is,
wjiether he had power to adjourn it or no, the
isifizeos did insist upon it, that he had no power.
Now, gentkmsD of the jury, if you nnd in
your conscienoe, that the citizens had a proba*
ble cause, and they insist upon it, this can never
be a riot.
Mr. Holt, It doth appear that tbey were
lawfully assembled together. And for the
tbrowiufi^ off my lord-mayor's hat, suppose that
my lord-mayor hath a power for to adjourn
the court, yet, my lord, it must be agreed, that
those that come uiither must have a convenient
time to depart ; for my lord-mayor, as soon as
ever he bad a^umed the court, be went away,
and all the hall could not go of a sudden, but
must have a convenient time to go ; some fol*
lowed him immediately, and the oiher gentle*
men that staid behind, not at all consenting to
that rude action about my lord-mayor, cannot
be guilty, for there is no proof ot any mis*
carriage committed by any of the^e defendants ;
it may be there was some discourse concerning
the power of my lord- mayor. 1 only mind
your lordship of sir Robert Atkins's case, a late
case in the King's-bencb ; there can be no as-
sembly to choose an alderman, as in that case,
unless the mayor was there; the assembly
wa2j held, and yet, gentlemen, because it was
not done in a tumultuous manner, but with a
good intent, it was held, that sir Robert Atkins
was not guilty ot a riot. There must be an
evil intention to do some mischief.
Mr. — ~-. Turner brought his action against
sir Samuel Starling for disolving the hall : And,
my lord, that being the case of the election of
a bridge-master, surely there is a parallel rea-
son for the sheriffs.
JL. C. J. That case is against them.
Mr. . No, my lord.
X. C. /. There the lord-mayor hath a power
by law to dissolve the assembly, though in truth
he should not hare done it.
Sol, Gen. The action was brought for deny*
ing a poll, my lord.
Mr. Tkomp9on, It is laid in that declaration,
that il is the custom of the city, that my lord-
mayor cannot dissolve.
Att. Gen. May it please your lordship, and
you gentlemen of the jury, you have now heard
all the evidence. [The counsel clamoured.]
L, C. J. Gentlemen, you shall not over*
rule me so: Because 1 am willing to hear
every body, therefore you impose upon me.
You shall have law, by the grace of Qod, as
far as I am able.
Attorney' General* We have now done witl^
the evidence on both sides, and you do now
see the right of the lord- may or, notwithstanding
all the vulgar and popular discourses is assert-
ed ; it appears now upon full evidence, they
themselves do not contradict it, that my lent
mayor is the supreme magistrate of this cily,
botik for calling aU your assemblies, and for
dissolving them ; they won't pretend against
this ; but indeed they make a question whether
my lord-mayor can adjourn or no. Necessity
of affairs requires it sometimes, if there be
such a tumult, such an interruption, that thej
cannot proceed orderly ; or if tne matter be so
long that they can't det^mine it in one day.
/
t87] STATE TRIALS, 55 ChablE9 IL l6s$.^1^ial of Thomaa Pilkingtim [3Sft
dMro is a BciccMntv that there miuit be an a4*
joimuiMot to another time ; and they give ^ou
no instances, ^^tlemen,- that ever the sheriffs
m any a^e did attempt it, never any sheriffs
made an adjournment of his own accord. Mr.
Lo?e, he gives no instance of an adjournment,
Mr. WaU^. And do it.
Att. (jen. And do it, I put in that too, 8ir«
The meetiDg here is unhwfu), and it is as cer-
tain that my lord mayor hath.^wer to adjounit
that is a consequence of bw, if the adjournment
be necessary, and he is the only ^a|^ of ad-
he only tells you of his supremacy at that time joumment ; and when he hath adjourned, I do
when my lord- mayor had notliingto do with say the continmng persons together to do tbat^
it; and, gentlemen, at that time you roust, wiiich if they summoned them to do had been
remember when he was elected, the law was 1 unlawful, is as much an unlawful thing, and a
otherwise «when Mr. Love was elooted ; then riot, as that. I would fain know, if the sheriifi)
the sheriffe wei^ the tribunes of the peopfe,and j had summoned all the citizens together to meet
they had shut my lord-mayor quite out of their ' and ch«)ose sheriffs, or any others, would any
common hall, and declared that ne had no power ; man question but this is an Qnfaiwful act, a sqIh
to dissolre or adiourn them. The next instance
is that of sir Rohert Clayton's, and how do they
make that out ? Sir Robert Clayton swears only
upon his own memory, and what is that ? he
remembers just nothing. He does think the
common serjeant does speak truth in some
things, but he can't remember other things.
But we prove not only an a^oumment from
Saturday to Monday, but other aiQournments
by special direction from sir Robert Clayton.
fiio tnat whatever Mr. Love did fancy of the
authority of sheriffs, to tell my lord-mayor he
kad nothing to do therewith ; yet that my lord-
mayor is certainly the chief magistrate, we
have proved all along to this present time, till
within these two or three years, and whenever
ihere was an a4Joumment, we have proved it
to^ou, that it was by my lord-jnayor. So that
it IS notlunf^ like the case put by the gentlemen
on the other side ; there was never any shadow
of pretence for right. Whoever knows London,
must know the sheriffs of London are not
officers of this corporation as sheriffs, but they
are the king's officers of the county, granted
to be chosen by the sheriff : They are m their
particular cases judges, for ehoosing jmrlia-
mept-men, but in no corporation act whatso-
ever : So, that, gentlemen, ^'ou see there is no
pretenee for that : But admit there were, what
IS it like the case when a man lays claim to a
wood, and he sends three for four persons, or
half a dozen persons to cut it down ? Yet, Mr.
Waltop, notwithstanding your authority, though
version of the ancient ffovemment of the dty,
the usurping an authonty in the city contrary
to the king's grant and the charter? And
afier they are adjourned, if they -will make
proclamation, and order the people to stay, and
f^ on with the poU, is not that the same thia^
m point of law? Surely no man almost of
common sense but will say, it is the saoM tfaingp.
In the case that Mr. Wallop puts, if there be any
disoixlers committed, precedent to the magia-
trate's dissolving the society ; that will not
amount to riot ; but if the magisftrale eomea and
makes proclamation for them to deport, and they
stay after, it makes a riot, if*they oontinoe still
together, it is a rout and an unlawful assembly.
But they say there is no proof that theaa
gentlemen, that are in the information, ar«
g[uilty of the riot ; they are all parties to the
riot, the very being there, dnd giving oounte^
nance to it, is an unlawfid 3iing. Pray,
gentlemen, if ten men should go to rob a
ouse, and one stands off at a distance, is not
the tenth man guilty of the burglary f If there
be as many persons toffelher, and three only do
an unlawful act, and the others ^ive proteotioa,
for number is always a protection, are not all
these gentlemen guihy ? And therefore, ||eiitle-
men, it is hoped you will settle the city by
destroy hig th» pretence, which hath beeii
Auttenng in the air, but hath no groand for
it.
X. C. J. Gentlemen of the jury, this is aa
information against several, for a riot, and k
that be not a riot, it is a rout, where you will ' sets forth, that there was a common hall that
send such a number to raise terror in the kind's
people, and they will continue together after
they are oommanded to depart by a ma|j[istrate.
But it is a different thing where men will con-
-ceni thenMolves in a matter of public govem-
■Mot, as if any man should pretend he hath the
Jong's commission to take your lordship off the
hcBch.<*-So that here is quite a different thing ;
this relates immediately to the ^vernment ;
Imw the publio peace of the city is in danger,
waA if ray lord mayor had been a person of
mat spirit, and has presently raised others to
MPO suppressed this riot, then the city had
Iwen in a flae ooodition, but these people that
sroidd have No Ood bkss the king, bat Ood
UsM Ae sheriils. There is no pretenee of
right oan jostify such a tbingp. Now, my lord,
for a not, thn must be acknowledfsd to
ha; for maaif ta meet togather to do an uii-
kwfol thing, la a riot.
was called by the lord mayor for choosing aO'-
vera! officers, and that afU*rwards the tord
mayor did dissolve that assembly, and yet not-
witnstanding the defendants (so many as by*
and-by I snail name to you, that they hav«
given evidence against,) they kept together and
committed a riot ; it is said so particularly in
the information. For the matter in fact that
hath been altercated between them, die question
is, « hether the lord mayor for the time beings
hath power in himself to call an assembly, ana
to dissolve it ? and truly as to this point, even
the counsel for the detlndants did one while
grant it, but another while did bring witnesa
that did know nothing of the matter, I moat
needs say. But for aught I see, oven until
this very time, the toid mayor did call the as-
sembly, and he did dissolve it, and that they
did seem to grant eren at the begkumg of tha
ftS9] STATE TRIALS, 35 Chahuss II. l6$3,^^mdHkm,for a Kki. [fpO
. thcY oouM not be ignorant of it, fieeanse tkf
daily practice before their eyes was for th»
mayor to doit. But this was a notion ffot intQ
tbeir beads though it was otherwise before, it
must be so now ; and one said, they would
have no tory mayor to be mayor; tiius th^
king should have something to do to support
the mayor by bis power, for aught I know.
Now, gentlemen, for the parties that ar«
accnsed to be in it, there is T. Pilkington,
Samuel Shute, Henry Colnaish, lord Grey,
sir Thomas Player, Slingsby Bethel, Franci9
Jenks, John Deagle, Richard Freeman,
Hicbard Goodenough, Kobot Key, John
Wickham,SamuelSwinock, and John )ekyl the
elder; some witnesses are to some, and
others to others, but some of tliem have seven
or eight witnesses. There is Pilkington, and
Shute, and Cojnish, these had a great many
witnesses against them; others have two.
First, for the sheriffii, and Mr. Cornish, that
had been sheriif-but two years before, they
kept them together after my lord mayor was
gone ; and to see what people they were, No,
not God bless the king, no, no, but the Pro>
testant sheriffs ; so that in truth the king must
be put out of his throne, to put these two
sheriffs in it. It is not proved, that either of
these did say so, nor the othei-s neither, but
they were those that clung to them, and they
would help them, and they would set them to
rights, and I know not what ; and there is no
other way to know in this case what they were,
but by these they kept compaoywith ; and it
may be, (I woulSi be loth to say ill, it may be)
it was in order to dethrone tlie king as far as
they could ; for my lord mayor, when tmly
he had adioumed thehaU, and was ffoing hbme,
he bad like to be trod under foot himself, his
hat was down, and that was the great respect
they gave to his majesty's lieutenant in the
city. It is true, it cannot be said who it waft,
but those were the people that would have No
Gk>d save the king, and those the mayor had
nothing to do wim. The sberifis they would
go on to poll I and cast up tbeir boeSks, and
would make, a disquisition who had most
hands, and the like ; three hours afWr my lord
mayor was gone, there were so many that did
countenance and foment this sort of proceed-
ings. There is a shrewd act that was made
since his majesty came in, that the vittany oN
some men might be stopped, lSth-14th of tba
kidg, that for words in some cases makes bisrh
treason ; it is well his majesty does not teSie-
any severe proaecution, but I can tell you, I
would not have men presume upon it. I|
can't be said, you, or you said so ; y«^ dwy
kept them ti^4her, they were they uiat kepft
all this rabbte three hoars together ; the lord
mayor does adjourn the court, and they moat
haVe some time to be gone, and thereupoa
would persuade us they could not get away in
three hours ; the^ ask for a poll, and 4;aat up
the scrutiny, and I know not what. There are
some, and thatis my lord Grey and Mr. Good*
enough, how these two should com^ there I
U
: But tfaeo they oaaJl^e a distinctioB, but
ht ooold not adjourn it to a certain time. That
was a very weak thin^ to say, that if the lord
mayor may caD and dissolve Uie ball, that he
caimot adjoom it to a conyenient hour. Sup-
pose now the business to be done was not diS'
patched aoonerthan this time a night,so that upon
the matter they must be either amotimed till to •
morrow, or kept in the hall all night : Does any
Baa think, that that magistrate Uiat hath power
S call and diasolre, hath not power to adjourn ?
ere b no man doubted of it m fact, or law ; and
that it was so, sir Robert Clayton did that very
thug* ; if th^e had be^ no precedent, it had
been all one. But they make a great deal of
fenaineBB of it, bow that the shenf& were the
men, and that the lord mayor was nobody, and
that ahews it was somewnat of the common-
vteaith'a seed, that was like to grow up among
the good com. [Here the people humm'd and
ialarapted my lord.J—Pray, gentlemen, thatis
a very ondei^t thing ; you put an indi^ity
i^aii the king, for you ought not to do it, .if
you knew yonr duty : Pi^ay, gentlemen, forlMsar
tt, it does not become a court of justice.
I will tell you, when things were topsy-
larvey, I can't teJl what was done, and I
would be loth to have it raked up now. They
m^glit as well (as I perceive they have at
aittuier time said) hare said, that the power of
diaaolving' and adjouminff might have been in
<he Uyery-nwn, all peopfe, every body ;* and so
then if they had been together by the ears, I
doD^ know, who must have parted them,
Oiat b the truth of it. But I think their
awn oounsel are very well satisfied both in. &ct
tad law, that the K>rd mayor, for the tiihe
leiog', hath this power of calling, dissolving,
and wdj^nsioig the assembly. Then there is
aootber thint^ that is to be considered, and that
m tfaJB ; the defendants they say, we did mis-
take liie law, it was only a mistake, oH the law
and nothing else ; and we dki do all to a good
intent^ and therefore it must not be a riot.
To give vou some satisfaction in that ; first, I
moat tell you, that a man must hot excuse
kbnself of a crio^ by saying he was ignorant
of the law ; for if so Be that turn to an excuse,
it is im^osible to convict any man ; if so be
he must be exoused because he did not know
the law, then no man would be found guilty.
But if it appear that the defendants did verily
bdiera that the law was ivr them, that may be
eoBsidered in another place ;. if so be that they
were really ignorant, the fine, it may be, may
he the leas, but it won't excuse thein from all.
But truly, in the next place, you must con-
sider, Wnether or no these gentlemen were
ignorant, or whether or no uiey did not, in
a tumultuary way, make a riot to set up a
nagistzacy by the power of the people. For
1 aniat t^I you, I have not nieard by the
drfaadantg, and I will appeal to your me-
OMry, i hare not heard, before this time, thai
fver Uie aheri^ did quarrel with the mayor,
•r oontinne a common hall after the mayor
V^ adjiramed it. Ai fcir thfse gentlemoi,
f9i] STAIIt TRIALS, S5CaAftLBsn.l68S^7U<d<7]bimPI2U«ff0ft l^
knownot, tbeyhad notbin^todo here, atid
therefbre I doubt it will be worse 0|m» tljem
than apoD the rest, for they had nothing^ Ui do
here, they most come to set the citizens toge-
ther by the ears. My lord Grey he says, and
he^ called some witnesses, that he had busi-
ness with sir Will. Gulston, about the sale of
Corsfield in Essex ; but I do not see any of his
witnesses that do say he came to speak with sir
William Gulston here, he came here to sec how
the poll went. But, look you, gentleman, he
hath ffiTen some sort of eridcnce, and the
counsel did open it very fairly, but the evidence
did not come fully. If you think he did
only come upon real occasions to sir William
Gulston, only to speak to him about that busi-
ness, and concerned himself no otherwise, then
you will do well to find him Not Guilty ; if you
do not, yx>u must find him likewise as weu as
the rest, for Goodenough Ke was here to pro-
mote the matter. There is one, and truly
he said, that for his part, as the rest would
have No God bless the king, so truly lie would
have No Tory -Mayor. And all tlus flame, I
must tell you, took fire from this spark, that
the sherifls might do what they thou^t fit
about choosing officers. Gentlemen, it bath
been a long tnal, and it may be I have not
taken it well ; my memory i3 bad, and I am
hut weak : I don't question but your memo-
ries are better than mine; consider your
verdict, and find so many as you shall think
fit.
The Jury withdrew, and in some time retmned.
Are you all agreed of your verdict ?
Jttfy. Yes.
Who shall speak for you ?
Juty, The foreman.
Do you find' the defendants Guilty of the
tre^ass and riot ? &c.
Foreman. We find them all Gnihyinthat
pa»er.
This is your verdict? — Jury. Yes.
T. Pilkinffton, 8. Shute, H. Comiab, lord
6f^, sir Thomas Player, S. Bctb^ F. Jenlos,
J. Ileagle, R. Freeman, R. Goodoioagh, R.
Key, J. Wickham, H. 8whiock, and^John
JekyI the elder, are Goihr.
Yon say they are all GmhyP &«.
Jury, Yes.
On the 15tb of June following, Mr. Attor-
ney-General moved in the Court of King's-'
Bench at Westminster, that Judgment m^t
be awarded against them upon their former
oonviction, in order to their being fined for the
ilot, 6ce, But ihe lord chief justice Saunders,
and Mr. Justice Raymond, by reason of their
indispoations, beinff neitfier of them on tiie
kesBch, Mr. Justice Jones, with the cotuwnt of
Mr. Attorney General, referred it <to the lOCh
instant, when Mr. Attorney again moved for
jtMlgmait, alledging the heinoosness of the
<vime, vhi. Tlurt it Was an open affront to jns-
tmMiimagi9tncy,aiidiDig^t prove an eril
precedent, if it shouU escape trnponlBh^d,
which he prayed it might not do ; but tbttC
since they had been fiurly convicited, the court,
in pursuance thereof, would award soch finek
as might deter others from the like attem}it8,
&c. Upon this motion Mr. Willianis, of coun-
sel for the defendants, mered, That seeing there
had first a Venire been dii'ecled to Mr. Pil-
kington and Mr. 8hute, late sheriffs of London,
and afterward an Alias Venire to the presenlt
sheriffs, and yet that in the information all th^
defendants were joined,' though, as he sug'-
gested, that at the time of the first Venire some
of them were nut made known, and that since
Mr. Pilkmgton, Mr. Shute, Sec. had appeared
upon the first, and many of the others not tiH
the second ; be humbly prayed, that an error
might be thereon assigned.
To which the King'is Counsel replied, That
if any prejudice was sustained iu the methods
and manner of proceedinsf to the trial of the
persons convicted of the not and battery, it wa^
sustamed on the part of the kin^ ; and seeing
he was Willing to dispense with it, that not in
the least aflected the defendants, unless in re^*
doundingto their advantage ; for that they had
a legal trial, all of them pleading not guilty,
imd putting them^ves upon their country, t(x
try the issue betvi'een the king and them, which
country had found ^em gnilty of the offences
before-mentioned, And that now nothmg re-
mained bnt the Judgment of the court in
awttrdln«; their mies, &c.
To this it was alledged, thftt seeing they
were assembled in Guud-hall upon a hwfnl
occasion, thev eonid not be guilty of a riot, of
the like misdemeanor, tiie legality of their
first assembling not admitting thentof : hot
this allegation was over-'ruied for these rea^'
sons ; tluit although an lissembly be never so
legally convened, yet if they tumult or tireak
•the peace, the legality of the assembly cannot
bear them out ; and moreover, that when the
lord mayor had adjourned the polT, the as-
semlby was no longer a lawfbl assembly, but
ought immediately to have departiKl to tfidr
respective habitations, whidi the defendants
not only delayed to do, but in contempt of tn -
thority continued the poll, and in a rtotfttni
manner assaulted the person of the mayor,
Apd that for inference, if a congregation be a84
tembled at a church, to hear divine senrice,
which in itself is lawfViI ; yet if blows happen,
or a riotras or disorderiy tnmult is made, th«
legality of &e meeting shall in no wise esccusa
the authors of shch disorders froiti the penal--'
ties of the law^ &c. of which opinion were not
only the counsel fbr the king, but the judges
likewise.
These, and sudi-like, being the arfiromenti
of this day, Mr. Justice Jones being indispooed,
and Mr. Justice Raymond not coming npoifr
aebendi, the passing sentence was deferred
1 Friday the 2Snd instant, and firom thence
tSl Monday the 25th instant, at which time
Mr. Justice Jones being indisposed, it was put
off till Tuesday, tiie 36di of June ; when Mr.
S99} STATE ISIALS, ^Charles II. iCss^^mtd 0iker$j0r a Rki. [194
AMomcT BiCTttd for iwlyrnf i, imiiiiiiipi 'lliat i
fte Mrtiei faaai gviity JXfom tlM lubrmatioo,
jm|B^t Im fined $ ftiid was jfinniwiwi by Mr.
togeeni Jefferies; both of tineiii praying diat
Ihey naigfat hare good fines aeC on them, aa
an caraniplp to deter otherB firom xkn^ like at**
tennlii ; as4dao did Mr. Jooea, pf couDael for
die king ; when, on the other side, sir frands
Wimiii^n, Mr. Wilhams, Mr. Wailop, Mr.
Poliezfen, Mr. Thompson, and Mr. Hdt, of
csDonael fat tfie defendaiits, mved many ar^-
Dwotn fin* the eitenaatipn of ittii& fines, seeuig
they iirere at the mercy of the Court, alledg-
ing, dwt the defendants did.th^l of which
they were convklBd. rather out of ignorance
thoB malice, qk vukj design they had to injare
oraflronAthe gOTemment; aa not being then
capable to detmune, whether &e right to ad-
journ the common irall lay in the lord mayor
shen<&. But alter the aigumrnts on both
To the KING'S most EKeelteiit Ma^ty:
The humble PETITION of Sir THOMAS
Mf^&INGTON, kut. Lord Mayor of
fjonaou, Slingsby Bethel, esq. iSakmiel
Swioo^k, Jomr l>eiigle, Richard Free-
man, John JeW^ John Key, and John
Widdiam, in behalf of themselves, and of
the respecUTe Executors and Adminis-
trators pf sir Thomas Player, kt. de*
ceased, Htiory Conusb, esq. deceased,
Samuel Sbute, esq. deceased, and of
Francis Jenks, deceased.
. - ' ■ *
<< Shewetii ; That your petitioners, and th«
said deceased persons, were, in the year 1632,
and 1683, by tne co^triraace and oonfederacy
of sir John Moore,, kt. SirlWley Nartli, kt
Sir Pteter Rich, kt. Sir £dmiiod Saundenhkt.
late Chief Justice of the King's Bench, and
sides had beoi heard, Mr. Justiee Jones pro- some others, pros^ted and oonneted for a
oeededto dechure theheinonsoeaaof the fact,
aad what an eril precedent it might prove if
h dxMiUl paas unpunished; apd '•after. some
eenfeicnce with Mr. Justice Withens, he pro-
oeeded to award their fines a& folioweth :
On Thomas Pilklngton, esq. by Reason of
his being .a prisoner, only 500iL S. Shute, esq.
1,000 marks, Ford k)fd Giey of Werfc 1,000
raaika. Sir Thomas Player, kt. 500 marks,
Shngsby Bethel, esq. 1,000 maska, H. Comidi
},000 mariu, Francis Jenks 300 marks, R.
Freeman 300 marks, R. Goodenoa^^ 500
mariDB, John I>eagle 400 marks, Robert Key
100 marks, John Widduun 100 marks, S.
Swinock 500 marks, and on John Jekyl, senior,
900 marics ; all of them appearing in court,
eaoept the knd Grey, Mr. Key, apd Mr.
Goodenoogh, and aocording as they appeared
to be of ability^ ao were their finea rcgu-
iMed.*
This Judgment was afterwards rerersed in
pariiament, 1 Wil. and Mary ; and the deien-
^imts petitioned, that the prosecutors and
judges noight be eacoej^ted out of the then in-
teaded Act ^ Grace.
.' * It appears from the account of this judg-
ment pnbhshed bv Langley Curtis in 1683 that
« the same i%y in the Court of King's
Bench one Tlitx. Turner of Rye (in Narcissus
Lattrell's " Brief Historical Rektion" be is
called Mr. Tume the pretended mayor of
fiye) in the county of Sussex, was fined 200
naiKS for making a riot upon the mayor of the
aid town, ^d ^o of the town officers fined
SO maiks each for assisting him therein, and
ilrictly commanded to deliver the ensigns of
& mayoralty, which he had seized mto bis
l)uid8 under pret^ce ^at he had been elected
major of Uie said corporation.
8se, also, in this Collection, . a. d. 1684, the
Tiiil of Sacfaei^ereU and others, fi>r a. riot at
Nottiagham in oppontion to the new charter
iriijchhad beeo granted to thattowft.
riot ; the fact objected against th«n behiff no
other in tm^', than the peaceable doipffdMir
duties as citizens of liondon and Englimmen,
in eloctioo of sheriffs for the said efly and
pounty of Middlesex.
** That in the proceedings upon the said pre-
tended riot, many notorious viokuions 6f the
law wete committed, voA vour petitioners do*
nied coinmon justice by me ootnbination and
conMeraoy ot the persona last abore-uMMdy
and others ; insomuch that your petitioners,
and tiie said deceased defendants, were by
judgment of the Court of King's-Beneh, hi
Trinity Term 168d/nnrsaaonably fined 4,100A
axHi were, by imprisornnent and otherwise,
forced to pay the same ; which sum of 4,100/.
was long since paid into the Exchequer.
" Th« at your petitioners prosecution, the
said Judgment was revctsM, the last pariia-
mont, as erroneous ; whereby ^ur majesty
sljmds by la# liable to make restitution or tlie
said sum of 4,100/. as your petitkmetn are ad-
vised.
^' Now forasttudi as your majesty's go^
neroua undertaking in coming into this king-
dom, tended only i& the vindicatilig and esta-
bKriiingour religion, laws and libertieo, and far
rdiering the oppressed ; and fiir that it is agree<»
able to equity, that such as did the- wron^
should make the restitution: and your peti-
tioners hoping the parliament now assembled
will take thie whole matter into their consi-
deration, and pass a bill lor relief of ,your
petitioners .out of the confederates estates,
and not leave them to be satisfied by yoi>r ma-
jesty:
«« Your petitioners therefore humbly be-
seech your majesty, That the said contedemtes,
the presectitors of your petitioners, and tho
judi^es, and others concerned therein, mi^ be
excepted in the Act of Gi-ace,* intended by
*ThisActof GraceisSGtd. andMar.st. 1,
c. 10> but there is no such exception in it, only
of sir Francis Witheo^ who was excepted upon
other accounts.
igs] STATE TRIALS, 35 Chablbs II. 1$8S.— 7W«I «/ Tkomtt Pii
[20^
your mso^sty, as to all they did in relatioQ to
thdB urosecotion and judgment upon the pre-
tended riot above specifi^.
<* And your petitioners shall always pray,
&e.»
On the SSrd of January 1690, sir Peter Rich
attended in his place, according to the order of
the House of Commons, upon a Petition from
sir Thomas Pilkington,* lord may<Mr of London,
and others, who were fmed on pretence of a riot
at the election ot sherifis for the city of London
in 1682. The Petition Was read ; and sir Peter
Rich was heard, what he had to say in his
own defence. Ailer which a motion was made,
That leave be given to bring in a bill to make
reparation to the lord mayor, and the rest of the
petitioners, out of the estates of the persons
mentioned in the petition.
Sir Tho. Clarges, I advise, that this judg-
ment against my lord mayor, and others, may
be reversed by vrrit of error. Where will this
end, to bring tnese things into parliament, which
may hare remedy ^el^vhere ? What a flood
will you bring upon yourselves in these things?
The troubles began not in the times of tl^se
gentlegi^n. I doubt, whether these have been
any lawful sheriffs of London these seven years,
ever since the charter was taken away. We
have had great revolutions, a king alxlicated,
ffreatwars uponns, andwhy should these things
be brought upon us to treble the people ? I
cannot enumerate the consequences. Tnis will
be an occasion of great iiieonvenienoes upon us.
In tbe late usurnatian, lord Capel, lord Ilolland,
ool. Penniddo^K, and others, were murdered,
and yet those who sat upon them were par-
d(mea ; only some few examples were made,
of the most execrable, for quieting the minds of
the people. At this rate, we shaU be a court to
f' ve daiiia^ea out of one man's estate to another;
would rgect the bill.
Sir Henrif Cupel. I observe, that arguments
are used against this bill from the indemnity in
12 Ch. 2. which was occasioned by a time of
great nusery ; but that was not the case ; it
was then a civil war, brother was against bro-
ther. That case is outof doors. It is said, these
* *' Pilkington wap sheriff of London in the
year 1682 ; an honest, but an indiscreet man,
that gave himself great liberties in discourse.
He being desired to go along with the mayor
and aldermen to commiment the duke upon his
return from Scotland, declined going, and re-
flected on him, as one concerned in the burning
of the city. Two aldermen said, they heard that,
and swore it against him. Sir Patience Ward
the mayor of the former year, seeing him fp
into that discourse, had diverted him from it,
but heard not the words which the .other
swore te : and be deposed, * That, to thejbest
of his remembrance, he said not those woids.'
Pilkington was cast in 100,000/. damages,
the uKNitexGeaufe that had ever betn given."
BumaL
gentlemen may find remedy in Westmtnfter*
ball. If that was the case (as it is not) I think
this house has the liberty, insuch a case of im-
portance, to tiJce notice of it. You have been
told what was done in the time of Lord Sbatls-
bury, and in Air. BetheVs, but it was lord IUi»-
sel's case then, and now it is time to make an
example.
Sir John Chtite. Yon are told, < We must be
riided by the indemnity m Ch. 2nd's time.^
hope we shall ever be at liberty of judging^
whether thm|^ are well or ill dane. There has
been somethmg said by a member that a little
suriMrizes me, * That if you brinff a bill to do
rignt in this case, a court may be erected to
give damages out of one man's estate to ano-
ther.' There are crimes that excel others ; do
you know any thing of a greater dqpreethan
this ? Where was Acre more violation of tlie
laws, than in taking away charters ? And where
more of charters than London? if you will go
rn matters, and not persons, must not this of
rters be one ? Tliere are mixed cases in
these thin^ upon the public, and upon iier-
sons. This is an extraordinary case, and there
must be sneh remedies applied, that no suck
thing shall be dared to be attempted for the
future.
Mr. Howies, I have some reason to under-
stand this case. I had leave from this house to
attoldthe lords in this case, to reverse this jud|p-
ment by writ of error. If the' king must give
this damage^ (at whose sait it WBs)-you must
give it him again. Will you make satisfaction
m the bishops case ? lam for that too, to every
person coneemed. There is no remedy but
nete, and I am for retaining the bill. A parlia-
ment was anciently called every year, or ofiener.
The parliament then was a court of justice, to
relieve on extraordinary occasions. There were
juries over-awed by judges : Bethel and Comida
took another course, to find honest men ; this
was complabed of, and they must have new
juries anaofiicers, and lord Russel suflered upoa
it. You have the indemnity of Ch. 2. men-
tioned. This is nota bitf-of punishment, but a
bill of satisfaction, to value wrongs they have
done ; and you may pardon them for the crimes.
If you ask the value of the affection of fether
and children they cannot tell what they are ;
go asiar as you can, if these are faulty, and the
petitioners may come for satisfaction. It' is a
reasonable bill, and I hope you will accept it.
Would you have a return to what you are deU-
vered from ? It is a just bill.
Mr. Hampden. We have a great matter be-
fore us in debate, because it is so extraordinary.
This matter, it is true, does relate to"a common
indemnity ; but, I think it is not promoted by
justifying every thing that has been done,,nor
punishing, but to prevent, for the future, tbe
sante thing again ; and that, if there be not this
bill to deter men,- they may fall into the same
offences. Some men call this < a punishment,'
and some, * a reparation,' but it is in a tense
both. Some satisfaction and renaratioo onglit
, to be made these persons tooonfing to natund
197] anrATE trials, 55 CaAmLBS IL iGB^.^^-^d dkertjm' a Rioi. {^gt
jintite, bat H is one thing what a nuui in con-
sdoice ought to ilo, and what yon ocMopel him
to do ; H is one thing what a man in strict jas-
tiee ia boond to. To make men pay a sum by
sach a law, I eannot readily consent tcvit ; I
hare heard, nothing fuUy to satisfy me. This
mly, is an injury done, and, in conscience,
they are bound to make reparation. That of
Annstreng was a just judgment of r^Miration.
Corruption is not taken in that timited sense of
* taking money :^ corruption is taking a place
of 1500/. per ann. In a common case, brave
men, soldiors, condemn a man for ddivering up
a castle, or fort, because he is afraid to keep
it; and they should have known that before he
nndertook to keep it. There needs not com-
mon-law, nor statute law, in the matter; it is
agamst common sense. If you say there is no
other law, you will quickly be distinguished out
•fall your liberties. I am of opinion, therefore,
*' That the petition for leave to bring in a bill,
to make reparation to my lord mayor, and the
rest of Che petitioners, from sir Peter Rich, and
otheis, do lie upon the taUe ;' but not to go
bsrdy off so, f Vmt tney have done notoriously, and
I cannot believe that men, able to make a
common bargain, should give up their sense and
reason in that manner. This was not done only
against the city of London, but against the
whole kingdom, and if^ou are not bound to
^ve particoiar reparation to the |>erBons in-
jured, you^ are to the public, and m the mean
time^ to remove the person, sir Peter Hicb, from
your company.
Sir Christ. Muagrave, When a bill is brought
in for satisfaction of injury done, it is strange
that a gentleman should start another question.
If yon talk of removing people, it is a strange
Ihmg. Reep us to a question. This Petition
sets out * that the petitioners can have no re-
medy in the exchequer,' and you are told of the
pni&nce of it. Will it be au act of prudence
to give reparation, when they may have it out
of the exchequer ? The question is, whether
tfa^ shall have a bill, or not a bill P
The Petition was read, and Musgrave was
■Dsiaken in tbe contents.
^ Sr Robert Rich. I see nothing in tbe petition
as is alledged. I see, virtue is virtue still,
tfaoogfa it wants encouragement. It is plain,
tbo nelitiooeis can have no remedy but here,
but ty an innuendo; therefore pray put the
questiOD.
8eQeant Maynard, If these gentlemen will
thruil tbemaelves into the office of sherifib, and
have Hiade returns, they have meddled with
wbattfiey had nothing to do. Whether right-
fidly sheri£&y or de facto only, that alters the
caie. Whenever you will have jtistice against
thekiug, yoamustgoto the exchequer for it.
Jierer sn jbogIi injury, and no remedy there ?
When they come there, the barons arebonnd
to give judgment in restitution. Th«r only
way is ta send out a Mrrit to the tally-offioe ^
pay the money . Upon the whole matter, leave
them to have their nberty to have an action of
law.
The question for bringmg in a BiH to make
reparation to the Lord Mayor, and the rest of
the Petitioners, oat of the estates of the per-
sons mentioned in tlie petition, was carried in
the negative, 169 to 163.* [4 Cobb. Pari. Hist.
341.]
* The free election of officers, particularly
sheriffs, in London, has always been a subject
of much jealousy. See the Case of the Quo
Warranto, vol. 8, p. 1039, of this^CoUeotion.
See also- London's Liberty in Chains disco-
vered, and the Postscript to it ; both pablished
by John Lilbum, in October 1646. Uindon's
Liberties, or a learned Amiment of Law and
Reason, upon Saturday, December 14, 1650,
before the Lord Mayor, Court of Ald^men
and Common Council, at Guildhall, London,
between Mr. Maynard, Mr. Hales, and Mr.
Wilde, of counsel for the Companies of Lon-
don, and major John Wild man and Mr. Joha
Price, of counsel for the Freemen of London,'
wherein the freedom of the citizens of London
in their elections of their chief officers is fiilly
debated, the most ancient charters and records
of the city examined, and tbe principles of just
government cleared and .vindicated. Published
1651. The Liberties, Usages, and Customs of
the city of London, confirmed by especial acts
of parliament, with the time of their confirma-
tion,, also divers ample and most beneficial
charters sfranted by king Henry the^tfa, king
Edward the 4th, and king Henry the 7tb, not
confirmed by parliament, as tbe other cbarten
were ; and where to find every particular grant
and confirmation at lar^e. Published 1674.
The Privileges of the Citizens of Loudon, con-
tained in the charters granted to them by the
several kings of this rodm, and confirmed by-
sundry parBaments comprehending the whole
charter, only words of torm left out. Now,
seasonably published for general information,
upon the occasion of the Quo Warranto brought
against tlie said city. A Modest inquiry, coo-
cerning the election of the sheriffs of London,
and the .right of chusing demonstrated to be-
long unto, and to have been always adjudged
to reside in the lord mayor, the court of ai<fer-
men, and the comimwi ball. The Lord Mayor
of London's Vindication, being an answer to a
pamphlet entitled^ *' A Brief Collection out of
the Records of the City, touching tbe electioii
of Sherifis for tl^ Cityof London and County,
of Middlesex," &G. The last three published
in 1683.
299] STATE TRIALS, 95 CiiABi.B8 II. l$ad.— 3Vb/ 0/ Sir Paiku$ Ward, [50O
892, The Trial of Sir Patience Waed, knt* at the KingVbencht
for Perjury at the Trial between the Duke of York Platntiflf,
and Thomas Pilkington, esq. Defendant^ on an Actionf upon
the Statute De ScandaUs Mognatum : 35 Charles IL a. d«
1683.
The Jury were, Sir Tk^mas Biidi(«s, kt
Henry ReyneU, Thomas ileixiott, Thomas
Airsby, Ridiard Paffet, John Foster, Tbemae
Eaglesfield, Edwara Maplesden, John Sharp,
esquires. James Suckle, JobttOHngna', Richard
Fisher, sentlemeD.
An Iinormation bad been preferred by the
Attorney General a^fainst sir Patience Ward,
for that he had maliciously and witiully per-
jured bhpseil* in the court of King^s-bench,
* See sir John Haivles's reference to this
Case in toI. 8, p. 442.
. t '^ In this action the duke of York had re-
covered 100.000/. damafi^es.*' Former edition.
Of this trial between the duke of York and
Mr. Pilkington no circumstantial report has
been found; notwithstanding it appears from
Blaney's testimony in this &ae that he took
■mes of h. Sir Kichard Bulstrode ^em. p.
381) says, ** The jurj^ were all gentlemen of
eniasty of Hertfordshire (which county Mr.
Pftkingrton had chosen) and they stive his
foyal highness 100,000/. damage, which will
doubtless teach tfactieos persons, who have lived
«f late with so much licence in their discourses,
to govern their tongues better.*'
Narcissus Luttrell (MS. in the library of All
tSouls' college, Oxibrd) thus mentions the trial:
«< N9V. 4tb, 1688. The duke of York hay-
ing some lime since brought a Scaadalum
Maguatom against Mr. Pilkington, for words
ppBtonded to be snoken, and the same is to ceaie
to a trial at the Ring^s-beoch bar this term.
f < Nev. 94th, was a trial at the King's-bendi
bart in an adieii of Soandalum Mmnlnm,
brodght by Uie duke of York against Mr. Pil-
kington, lite sheriff ef London, for words
spnlbeD by the said Mr. PiUoMfton ; it was
tried by a jury of the county of Hertford; the
worda were, * He had bamt tbe dty, and was
< D#w come to cntthe cttizfens throats.' The
words were positnreHr sworn by sir Heniy
Tidse and sir Wm. dooksr, two aldermen of
London, to be spekeB at Guildhall, at a nieeting
of the eourt er aMermea, ia order to wait on
his malesly to eongretalate liim an his safe re>
tarn mm Newmarket, and the duke on his
retani from Scotland.
> ** Mr. PUkngton made very little defence,
so that the hbrd Chief Justice told the jury
that if they believed the evidence, they must
find for the plaintiff; so t^at the jury* after
coing from the bar about a quarter of an houi,
found for the plaintiff, and gave 100,000/.^a-
mages, the full daniagea hud in the declara-
tion."
upon the trial between the duke of York, and
Tnomas Pilkias^on, esq.^ to wUcb the de-
fendant pleaded Not Chulty, and waa tried
May 19.
Cryer, Oyez r Ifany man will give evidenen
on the behalf of our sovereign lord the king,
a^inst the defendant rir Patience Ward, let
htm come forth, and lie shall be heard.
Mr. Dolben. May it please your lordslup,
and yon gentlemen that are sworn. This is an
information of Penury prel^rred against sir
Patience Ward. Whereas the most Sluslrioua
James duke of York brought an action c^on
the statute De Scaadalis Magnatum agamst
Thomas Pilkington, wherein was dedared,
that/ whereas he was the only brother to oar
sovereign lord the king, the said PiHdngton
did speSc iu the hearing of divers ef his ma-
jesty's liege subjects, these Icdse and scandalooa
words, < He hath burnt the city,* (meaning
the citf of London) * and is' (meaning the arc
duke) ' come to cut our throats.' Gentlemen,
the inibrmation sets forth further, that the de-
f4»daBt Pilkington pleaded he was Not Gkiilty,
and that upon tne tnal of this issue, sir Patience
Waid was produced as a witness upon the be-
half of the defendant Pilkington ; and that the
said sir Patience Ward then and there was duly
sworn to s[ieak ^ truth, the wbde HwAi, ana
nothing but the truth, in die nremises ; and
thatthe said sir P. Ward did Msely and eor-
niptly swear and give in evidenee to the jurors
empannelled to try the issue aforesaid, ' That
* there was no mention at the time of this dia-
* ooone aforesaid had between the said Thomas
< Pilkington and divers of his mije^y's soh-
ejects, concerning the said James we of
* York, that there was no mention ef en(tiD|r
< of throats, and that before Mr. PilkingtOB/
dttg the said Thomas Pilkittgtea) ^ camt
(meaning the time when the diseanri|
aid was had) * the discourse abont the
« duke of York was aver ; and farther, that
' the duke of York was not named,' (mean*
ing at ^t time when the (hsoomee afrcesaid
was had) whereas m truth at Ui^itfmeiioae
there was mention of catting of 'ihroats ; aad
whereas, before Mr. Pilkin^eik Caftne in, the
discourse conceraing the duke of York was net
ended ; and whereas the said di:dce ef York wan
jiamed at the time when die di^dc^itse afore-
saio was had, so that the said ^ir Patienon-
Ward in the case aforesaid did commit wilful
and flat perjury.
Attorney General (sir Robert Sawyer). My
lord, and you sentlemen of the jury, ^r Pa-
tience Ward tne defendant stands accused for
perjury, committed in a cause, that was be*
m«
STATE TRIAXS» 35Chablbs1L i6S3.^f&r Perfmy.
9011
timtbeiiikBof YwkpteiDliff, andMr.Pil-
tdmgtoBL defiBodaol, and in Ibmft cave Mr« Pil-
kiogtaa was acOTsed to have apoken false
wwds of flie duke of York, < He bath burnt
' our city, and is come to cut oar tbroats ;' to
ewsae tbia, sir Patience Ward he comes, and
sweaiB poaitiTeljr, first, That the duke of York
was not mentioned in tho discoaise, and there-
fore those words could not be meant of the
doke of York ; this little evasion we do not
trouble you with ; but tfa^ related to one Hu<>
beat, haittcd many yean before ; howcFer we
wOl lay that wide, and not trouble you with it.
Tbe next dunect matter, which proves it was
mafidoosly done, tbat he was so ill a man, and
that he had spoken such words, he swears,
Tbat all the discourse relating to the duke of
York was over before Pilkin^n came into the
room. This allegation is directly false, he
swears poaitivdy, * there was no mention made
< of cutting throats.' Gentlemen, we will first
ytowe unto you the words ; then we will prove
unto you 4a^ they were folse, for Pilkingfeon
iKd speak these words of the duke of York.
CSemfiemen, we will leave it to tou whedier
tins gentleman hath not forsworn nimseJf.
Serf. Jdgtriu, If it jplease your k>rdship,
and you gentkmen of the jury, I must needs
«^, tiiat this is a cause ot very great conse-
quence of one side and the other; it concerns
a very great person, a man that has been lord
mayor jof London, and I think is still an alder-
iBttiof liondon; it is in its own nature of very
great consequence, it is no less than the cbarg-
ing him with the crime of vrtlfnl perjury ; it
romcs to a public audience, as it was very re-
qowte it should. Tbe crhne we chttr^ this
leman with was committed in this veiy
», in the fiu» of this court, and I ^ink to
admiration and astoniafament oif aU perMns
that heard this gendeman swear at that very
time: and therefore, that the thiivmay lie
biteffigible to these gentlea^, I Aall crave
tour mrd^p's patience, to give an account
unrthiamMerwas; Tins matter was attended
widi ctpcumstances of maKoe, which shew it
VIS not a stip in evidence, but a malicious per-
jVBig hiniaelf, gentlemen ; and tiiey are these:
Upon his royd highness's return out of Soot^
lead, and coming to Newmariket to his mi^esty,
a vCTy loyal ffcndeman, then lord mayor of
London, sur John Moore* by name, with some
odier persons, that I hltve m my eye» had it
io project, as it became them to do, to so
gnat a prince as he was, to wait upon him.
fty lord, tiiCK being this design of tiie alder-
men and lord mayor to attend upon his royal
higbneas, to congratttkkte his arrival from ScSpt-
laad ; in <»der there to, vpon a special courtday,
iKA was an order made, that the lord mayor
andildemen afaoidd attend his m^ea^, to de*
Melnslettn!, that they ndght come and at*
lend fikewise bis royal highness, to congralO'*
htfe luB late arrival. This I think was vpon a
* See Northip meae^ of him, p. 188> #r
this Yolume.
[3oe
special court, before they went-to church, upon
a Sunday. In order to this, there happened
another meeting of the lord mayor and alder-
men,» to prosecute this design of their's, to wait
upon his royal highness, to rongratulato hia
anrival ; and thereupon an intimation was given
to sir Patience Ward, with one of the sh€riffi^
Piiklngton, of their intentions* At which time^
sir William Hooker, and another worthy gen-
tleman, sir Harry Tulse, happening to be to*
getiier in a place, ^which I presume some oT
you do wdl know, in the long gallery or anti*
chamber to the council room, where the lord
mayor and aldermen most usually sit, scmto
discourse arose touching the ocoaaion of their
then meeting ; whereupon a question was pro«
posed, Whether thev should wait upon iiia
royal highness or not r One of these gentlemeQ
was pleased to say, at that time, that it was ^oo
late now the court had determined it, there be*
ing then present this sir P. Ward, and these
two gratlemen alon^ with Mr. Pilkingt^n then
sheriQ^ who, in obiection to tbe proposal of
waiting upon the duke of York, (after this di»t
course was over, and after they had mentioned
the duke of York's name to him) said, * He
* hath burnt the ci^, and is now come to cut
* tbe throats of our wives and children.' This^
gentlemen, Was to deter and fright the otbcn
from going, and given as a reason why he
would not fl^ to attend the duke of York. My
lord, this tmng happening thns, an actiiurwaa
brought for this, and came to a trial befora
your lordship. It is very true, in that trial wa
did only produce sfar Harry Take, that wai^
present, and he swore to all the words abom
* homing tbe city,' and likewise to the < cutting
' of throats.' But sir Patience Ward, without
any mannte of hesitation ; nay, and not only
that, (I appeal to ^ memory of those tbat
heaid him swear at that time) but boasting
himself, as having as good a memory as any
man in England, (though he was cautioned at
that time to have a care what he swore) did
positively say, * The duke of York waa not
* named after Pilkington was there; thattha
< discouTBe of the didce of York was done be-
* fore he came in.* He doubled his evidanco
on purpose to make tbe thing moi'e plain. But
afterwards, when it came a littie frvtfaerto ba
disoaursed of, I appeal to the memory of the
court, and the gentlemen at the bar, whether
he did not flutter about in St. James's Bark,
and out comes Hubert ; the duka of York waa
not aan^, but Hubert, Hubert^ I elaj^ped my
band upon his mouth, says f , you jnam Hu-
bert, and ao we had got Hjabert into the causa
on purpose to shuffle out^e business about
the duke of Yorlc My k)id, after this (I do
it to refiposh the menort af ihe#e jfentlemdi)
be sraa positive, asdaaiia, < I do positively say,
* there was pat a word of ctitting of throats,*
ef^tolhesarprite not only of all the audi-
tors, but even of all those people that wera
concerned hi aflbetion for him^ -a^ well as they
who were engaged in the cause ,that they wera
toauppaK. ilylord,iathefix8tphaa,wawi&
SOS] STATE TRIALS, 35 jCu arlbs II. l'6$3.~rrta/ «^ Sir Pailmce Ward, [SM
gtvte you an aocount, that it was a desired * pradict.' Now if the fint had been * Anoo
and malicious eridence, necessary for the bring-
ing off that man, for if there was not a word
tnoken of the duke of York, then our ac-
tion was no action ; if there was not a word
qioken of ' cutting of throats,' then, of oonse-
/quenoe, the verdict must have been against us ;
and therefore finding there was but one evf-
denoe, which was sir Harry Tulse, against his
evidence, that nuule him swear so positively ;
but afterwards your tordship may please to re-
member, we called sir Wm. Hooker (a gentle-
man of well known integrity) to preserve the
credit of so great a prince, maiigre the malice
of «aU his enemies. I speak this to shew it is
1^ it is necessary to clear this cause. In the
fiimt place we will prove what is recited in this
record, and give you an account what this per-
son did swear at the time pf the trial. The
matters, that I have opened, 1 think they will
sufficiently satisfy the court and the jury, as
they dM satisfy tiie jury beibre, that what sir
Patience Ward swore then, is false now, and
is fiJse then.
The Record of Pilkington's Tiial read.
8eij. Jejgs: Read the Information. The Re-
cord was ' Anno prsBdicto,' but when it was
'recited in the Information, it was * Anno ultimo
* supradKto.'
Mr. Ward, It is necessaiy, when we come
by way of recital of the record, to recite the
very words in the record, now in the record it
is ' Anno pnedicto.'
> Mr. WitlUms^ M^^lord, they are reciting
the record.
X. C, J. (sir £dm. Saunders). The^^ do not
recite it < in haec verba,' the substance is true,
the words are varying from the record, in the
record they are * Anno prodicto, but in the re-
dtel, / Anno ultimo supradicto.'
Mr. Wiliianu, That is not the same in sub-
stance as to say ' Anno predict' * the year be>
^ foresaid,* there are many ' Anni preBdicti,' and
that may refer to any of them ; if there had
been but one, it might have been so, but when
there are several years mentioned before, * Anno
^ ultimo pnedict. restrains it to the last year
^ pnedict.'
• Att. Oen. X0a may spend as much time as
you win ; in the first record there was but one
year mentioned.
Mr. R«ror«ier (sir George Treby). That the
city of London vras burnt in the year 1666 ;
that was one year mentioned before, I am sure.
Att (xen. There are several years men-
tioned in this record; there we must say * ul-
< timo prndiot'
X. C. J. The dipectaon is. That whereas it
was in the Record * Anno prcedict.' here you
have more, and when you recite ' Anno pne-
* diet.' you add * uhimo.'
S«j,J<^. We could not do it otherwise, my
lord.
L,Q.J. Asifathi|igeo|iM90tbe»«reUez-
oepl it wove in sach pitcise words: Thatwas
• Aum prvdmk,* I tUi» yo« say^ is « Amp ultimo
* ultimo sQpradict.' and in this you had
* Anno prMict.' when several were mentioned,
then it might have been an objection ; now h
is not.
Serj. Jef, If sir Patience had been as enct
in swearing, as you are in observing, be had
done well enough.
. Call Mr. Hatch. [Whowasswom.3
Mr. Williami. Pray let's know your name,
sir f^Hatch, My name is Hatch.
Serj. Jeff, Pray, was you present at the trial
between his royal hi^meas and Mr. TH"
kfngton ?
Hatch, Yes, my lord, I was present
Seij. Jeff, Was sir Patience Ward produced
as a witness ?
Hatch, % Patience Ward was sweni.
SeQ,Jeff, What did he swear ?
Hatch, He did swear, upon his oath, Tliat
the sheriffs were not present; that there were
some aldermen at the table in the matted gal-
lery in Guildhall smoking a pipe gf tobacco,
and that they bad some discourse about wait-
ing upon the king and tlie duke, pursuant i»
an enter from my lord mayor the day before,
and he said, die sheriffs were not present.
B&^.Jef, What sherifls.^
Hatch, The sheriff: and he did afterwards
say, he did positively affirm, upon his oetb^
that Pilkington did not come in till all the "
course was over about the duke.
8e^,Jeff. What did he say about
throats f
Mr. Williams. Ck>od, Mr. Serjeant.
Mr. Jonet. You say he positively sai ,
was no discourse about the duke 01 York
PiUdngton came in.
Hatch. But then, after, my lord, be said ; I
do positively affirm, upon my oatb, that Pil-
kington did not come in till all the discourse
was over concerning the duke of Yotk. And
tiirther, there was cnsoourse about burning tbe
city by the Papists, saith Pilkington, He balk
burnt the city; with that sir Patience Ward
took him by the shoulder, saying, £iplaiB
yourself: What! you mean Hubert,* I was-
cant you? Yes, said he. He l>eing asked the
question. Whether any thing of the duke was
named, he said. No : And iiurther,. Whether
there was not any mention of cutting of
throats, he did positively say. There was no
mention made of cuttii^ of throats.
Mr. Williams, Mr. Hatch, Where were yoa
placed at the trial ?
Hatch, At the trial, Mr. Williams, I stood
just there.
. Mr. WilUof/u. Had you a pen and ink about
you?— IfttfcA. Yes, «r, I write characters.
Mr. WUliam, Pray, Sir, f^id you take tbf
words in writing then, or no, in the court?
Hatch. I believe I might, I canpotpoai*
tivdy tell.
* See the £zaminatioos concerning di*
Firing of London, voL 6, p. OOf > ^^^ C<^
lection.
t05]
STATE TRIALS, 55 Cmabies II. l$S$.^/iir P^xjmy.
[SOi
Hr.Tkampmm. Ht^yooyonrnotas htte? | Aston- I wte mifMit ia tke c«nH that dty,
HMck. I Ihittk I hare not. and I do remember^ that air Patience Ward
Mr. ^TNinjjMNi. A nuwof agood iB«nory.
fioj. Jtjf, We hare a matter of aome SO or
40 wiiBeaaea : do not make aucfa a rout
Mr. PoUtxftn. Mr. Hatch, you are repeat -
iaf what air P. Ward said ; Did he, in that
endence, meatioo the duke of York, or not ?
Hmick. He aaid, there was discourse about
gpting' to the king' at St. James's, Imt not to
die dttke. Sir George Jefferies asked him
that reiT oneslion.
Mr. PoAexfeu, Let him now repeat the evi-
teee whic^ he swore just before.
Serj. Jeffl J thou^^ht that would not have
heeo such a mighty question at this time of
Mr, WiilUum. I desire he may say again
wkst was sworn by sir Patience Ward.
&etj,Jeff. Begin and repeat, 8ir, hi what
nmoaer he swore, in the rery same form be
^aketbes.
Haich. Sir Platienoe Ward, being sworn
and examineil upon the account of Mr. Pii-
-kington, did say. That there were some aldier-
meo. met at tne matted gallery, the matted
chamber in Cknldliall, and smoking a pipe of
tobacco, and there was discourse of waiting
vpoB the kipg, and ^e duke, pursuant to an
order of the lord mayor the day before ; and
being naked. Whether Mr. Pilkington was not
mesent, he said, Tlie sheriffs were not present,
4at at tke court of taking lioeoses in Guild-
hall, and that there was a discourse about
bnniing the city by the Papists, and, says Mr.
Pykington, Hath ne burnt the city ? fiatb be
burnt Uie city P Upon that, sir Patience Ward
took him by the shoulder, and bid him explain
htBMelf : Yon meant Hubert, I warrant yon,
aaitk he. Yes, saith Pilkington ; and being
asked, Whether there was any discourse about
die dnke of York, he said No ; but positively
said, that there was no mentioD made of cutting
afthnHlts.
i^en Mr. Boiton was sworn.
Mr. Wiilmmt. Your name. Sir.
Boxton. My name is Boxton.
Sei). /e^f' ^'* Boxton, will you tell my
loid and the jury, whether you remember what
was said by sir Patience Wai-d ?
Boxton, My lord, I was present at his trial,
1 happened fb return the jury.
Sttj. Jej^. Pray will you tell my lord and you can say ?
the jary, what was said by sir Patience Ward?
Bourses. My lord, I was present at tiiis trial,
baring returned the jury that was to try that
cause of bis royal hignness: I wasalioyeui
the ffaDery, and I could not so well understand
it ; but as that gentleman said before, he was
ming. He heanl no mention made oi' cuttuig
orthroats ; 1 cannot say the very words, for I
Ifwk DO notes.
Williams, Yon were in the gallery than ?
Bortfm. Yea, Sir.
Serj. Jef. Pray^ Mr. Aste* I Ihiak yon
VMprestet«
VOL.
did swear, I think positively, to the best of my
remembrance, U^t * the duke of York was not
* named while Mr. Pilkington was by.' That
if 411 1 do remember.
Serj. Jeff. What do yon mean by * posi*
< tively f '* that be used tne word * posttivdy ?'
Aston. I think I am pretty sore he did takft
it poffltively or upon his oath.
I Mrj.Jeff What did he take positively f
Aston. That the duke of York was a«t
named while Mr. Pilkington was by.
Serj. Jeff. Do you remiember any thing dee ?
Astim. As to * cutting -of throats,! I do not
remember it. Several people have asked me,
and I gave them that relaUon, or else I be-
lief e, that bad been out of my mind.
Mr. Wood sworn.
Serj. Jeff. 3Ir. Wood, pray wiD yon give
my lord and the jui^ an account of what you
heard sir Patience Ward swter, in the cause
between his royal highness and Mr. Pilkington.
Wood. My lord, I was in court when sir
Patient^e Ward gave evidence for Mr. Pil-
kington, and I heard sir Patience Ward say.
that. * tb^ duke of York was not named ;' ana
that ^ the discourse concerning the duke was
* over before Mr. Pilkington came in, and that
* there was.no mention of cutting of throats.'
Mr. Jones. Did he swear tliese things posi'
tively, or as he believed, or heard P
Wood. To tlie best of my remembrance, I
think he clapt his hand o])on his breast, and
said ' positively there was no mention of cutting
' of throaU?'
Att. Gen, Do you speak of your best re-
membrance as to his posture, or to the wordP*
Serj. Jeff. Did be say that word * positively ?•
Wood. To the best of my remembrance, ha
said < positively,' or * upon my oath ;' out of
them he did say, I cannot tell which. f
Sif}. Jeff. Jbither he said * oositivdy,' or
* upon my oath.' Now, my lord, if your lord-
ship pleases, we have given your lordship and
the jury, a sufficient account bow positive this
gentleman was ; but as positive as he was at
that time, we will give you an account, that
h^ did forsweajr himself.
Swear sir James Smith (which was done.)
Att, Gen, Pray will you tell the court what
Sir /. Smith, I did lUtle think to be called
to g:ive any evidence upon tlie account of sir
Patience nard, considering the relation that is
between us, as akiermen. I did not take par-
ticular notice, but 1 do remember, that lie nsed
that kind of posture ae they say, and did ' po^
' silively, or ' upon his oath,' say, I cannot bft
certain of the words he nsed, that Mr. Pil-
kington was not there while they were dis*
coursing concerning going to St. James's, i^r
he did deekre, the duke of York vrm not
talked of, and I do remember a rery good cir-
•umstiDfit that b« did 0w#ar jo, w my lord
X
toil STATE TRIALS, ;55 Charles II. l685.-.7Ha/ 0/ Sir
Wordy [3(»
chief justice.Pemberton was pleased to apply
bimseif to sir Harry Tulse upon it ; aod I re-
member sir Harry Tulse made answer, ' J am
* very sorry to say it, he was there all the
* while.'
Att. Gen, Bid you hear any thing about
* cutting of throats r
' '8ir X Smith. I do not remember that.
Sir William Rausieme sworn.
Scrj. Jeff. What say you, sir William Raw-
f teme l**
Su* Wm. Razcsterne. My lord, I was h&e^
^ biit I took no particular notice, but I do re-
member, that sir Patience Wanl did say, that
the duke was not named when Pilkington was
- in the room ; I can say nothing else.
Mr. Jones. Did you hear him swear it ?
Sir Wm. Raw$terne. Yes, Sir.
^ij* J^ff' Sir James Smith, did he swear
itupon his oath?
Sir JC Smith. My IcMtl, I said before, I can-
aot say the word he expressed it in, but either
* positively,* or * upon his oath,' he was not
there all the while that discourse was.
Mr. Ptdlexfin. First he says, the discourse
was of goitt^ to St. James's.
Sir J. Smith. My lord, as I said before, he
did declare, that the sheriff that then was, Mr.
. Pilkington, was not by while they were dis-
GouMing of going to St. James's, for he said
- Ibey did not speak of the duke of York ; but
|he discourse was about going to St. James's,
and that diseomve was at an end belbre Mr.
Pilkington came in ; and while they were
talking about firing the city» upon that Mr.
Pilkin^n saying, < he hath fired tiie city,'
he desired him to explain himself, whether ne
flid not mean Hubert.
Sir John Peake sworn.
Serj. Jeff, Sir John Peake, I dcare to know
irhat yon can say ?
Sir J. Peake. I was present at the trial, and
-sir Patience, 1 do remember this, laid his hand
upon his breast, and either said positively, or
upon bis oath, I cannot tell which, one of the
two I am certain of, * that Mr. Pilkington was
* not by when the duke of Yoric was mentioned.'
Her}. Jeff. What about cutting of throats ?
Sir /. Peake. There was something said of
cutting of threats, but I am not so positive.
Serj. Jeff. Sir Thomas Field, I think you
was one of the jury that tried the cause.
Sir X. Field. Yes, Sir, I was upon the jury.
Serj. Jeff, Pray do you remember that sir
Patience Ward was a witness ?
Sir T. Field. Yes, I do r^iutemberit.
Serj. Jeff Do yon remember what he swore P
Sir T. Field. I do remember he swore the
duke was not named ; that I can remember.
Mt. Oen. Doyou remember any thing dse P
Serj. Jeff. Do you remember aiiy thing
' about cuttmg of throats ?*
Sh* T. Field. There was somethingv I can-
- iMt positively My that.
Serj. Jtff Do yoa reoMinber what other
worda he said P
Sir T. Field. He did say likewise. That Mr.
Pilkington was not in the room when any thing
was spoken relating to the duke of York.
Ser|. Jf^. Sir Francis Butler, pray will yoa
please to give my lord and the jury an account
whether you were of the jury, m the cause be-
tween his royal hirbness and Mr. Pilkington ?
Sir F. £uj!^. Ivrasof thatjury.
Seij. Jeff". I think you were tne foremaop.
Sir.— Sir F. Butler. 1 was the foreman.
Serj. Jeff. Pray do you remember sir Pit*
tience was produced as a witness P
Sir F. Butler. He was produced.
Serj. Jeff. Do you remember any thing ba
swore P and what?
SurF. Butler. The Evidence he swore (whicii-
I thought we had reason to observe, for tli*
ffteat question was, whether the words rekited to
the Duke of York) or no P^ was, that it did not
relate to the duke of York ; and sir Patience
Ward was provine alderman Pilkington waa
not in the room while they discoursed of tba
duke of York, and tiiat the duke of York was
not named.
Serj. Jeff. Did he swear that positively P
Sir F. Butler. To the best of my remem*
brance, positively ; I heard nothing of qualiii^
cation at all.
Seij . Jeff. This is a gentleman of great wortk
and the foreman of that jury.
Sir F. Butler.. We did debate it after wa
went out of the court, among ouTsetves, befora
we brought in our verdict and I remember
something more in it, for we should have laid %
little more weight upon his evidence; if he had
not said, that when sir William Hooker took
some exceptions at his words, and asked. What
do you mean P sir Patience Ward then laid one
hand upon alderman Pilkington's mouth, and.
as I remember, the other upon his breast, and
asked. What do you mean P And the other an**
swered, Hubert. That made us believe his evi^
dence was to be laid by.
Serj. Jeff Now, my lord, if your lordsfaifi
pleases, I think we l^ave sufiiciently satisfiea
your lordship, and the jury, what words he
swore ; now we will prove that they were
false.
AtL Oen. Sir Harry Tulse, pray, will you
acquaint my lord, and tiie jury.— Vr e will ask
you turst ; sir Harry Tulse, were you preaenl
when this ij^ntleman swore P
Sir H. Tulse. I was present ; I sat down ob
a fore-seat, and he gave his evidence behind : I
never saw him touch the book, nor kiss it.
Att. Gen. What did you hear him say P
Sir H. Tulse. I was a littl^ discomposed a|
what I had heard him say, and so I am not aUe
to give an account, and I thought I had some
reason for it.
^Q* J^' Why, whatreaaon P Was it because
he swore truly or rashly P
Mr. Thompson. Good Mr. Serjeant, do not
lead so.
Mr. Williams. I think it is a reflectiOB upon
an alderman to be led by any.
Att. Gen. Mr. WilUams, lean shew yev^
you have led aldenaen, and against law too.
toji
STATE tRIALS, 35 CraucS II. l685.«-/0r Pefjury.
[310
SoL Gen. Mr. Findi. Will you pleate to
tegnremy knrd ui accooiit whether Mr. Pil-
kms^toQ was by when there wasaoT disoonrse
•bom the duke of Yoik?.
Sir H. Ttt^. Gentlemen, I do not know
whether you expect the account I fbrmeriy
faTe ; that I thmk I have very perfect in my
Ait. Gen. Give an account of that paMase.
iSir H, Tui$e. The evidence I gave wasthui;
wn the lOth of April, (I will not be positive,
1 think it was that day) according to an order
ef court made the day before, we metat Guild-
haB ; there was snr WHUam Hotter, sir Pati-
ence Ward, sheriff Pilkiogton, and myself, I
iranember no more ; and alderman PUkington
«», ' He burnt our city, iind is come,' or * will
come,' one of these two words, * to cut our
throats.' This was the evidence tlwt I gave,
this was true. I was asked by the court, what
was the preceding discomse, whether made by
alderaian Piflongtou, or sir PMience Ward, I
caAaot be positive ; but it was concerning an
order sf going to Sl James's, or to the duke of
Yoric, one of the two ; he did complain (^that
«tdcr, they were oomphuning of that order, and
seeoKd tomessif they would have it re-de-
bated; Imade answer, it was too late, for the
eout had agreed it.
Ati. Gem. Was there any discourse con-
•ennngthe duke of York while Mr. Pilkington
was by ? ^
Sir B. TuUe, Alderman Pilkington was by
all the whilp thediscourae was.
Au. Gen, And was there any discourse about
the duke of York?
^r ff. Ihilte. I did never hear the duke of
York named by alderman Pilkington at all, as
1 remember ; tney compUined of &e order made
the day before, that is, concerning going to 8t.
James's, or to the duke of York, seeming to me
as thoiu^they would have it re-debated; upon
which 1 made answer it was too late now, for
the court had agreed it ; and then came these
words, * He ham burnt our city:, and is come,'
or < will come, to cut our throats.'
AtL Qen, Do you say pilkington was there
when the discourse was P
Sir H. Tulte. Yes, Sir.
Seij. Jeff', Sir H. Tul^, I would ask you a
'question, by. your favour, yon say there was
then mention of cutting of throats, and ^ou say
Mr. Pilkington did not name the duke of York
himself, that you cannot say ; but you say he
wts thane while was a discourse about going to
congratulate the duke.
w H. TuUe, I cannot be positive of that ;
we djaooorsed about the order, that was the order
that was made before, to conmtnlate the* duke
of York ; I cannot sav that alderman Pilkington
did ever name the duke of York, but he was
present at that discourse.
SoL Gen. Sir Harry Tulse, you ' say there
was mentiOB made concerning the debating
ibe order, was there mention made of the
aider? I>id they name wbal order they would
Mraje-debated?
Sir B. Take. Yes, Sir. The order .wi|s — ,
an order made the day before, that we should
go and congratulate toe king's safe return, and
with the king's good leave or licence, weshoold
then congratulate die duke of York, that was
the subject matter.
Serj. Jell Pilkington was present then?
Sir U, Tnhe. He was present there.
Sevj. Jeff. And upon that discourse, pray.,
sir Harry Tulse, did Pilkington say these woitls
' He liath burnt the city, and is come to cut our
throats ?'
Sir If. TuUe. No, Sir, that did not imme*
^diately follow.
Sol. Gen. Sir Harry Tulse, what order did
they sav they would have re-debated ?
Sir u. Tulte. I took it for tlie order made
the day before.
Sol. Gen. Did they name the order ?
Sir JI. Tulse. I did make mention of tha
Order, that the court had agreed it, and it was
too late for that. .
L. C. J. He says it was too late to be de-
baled or spoke of in court, I apprehend it so.
Just. Jones. Was the duke named, or not?
Sir H. TuUe. At that time, truly, Sir,. I can-
not positively say he was named ; for the de-
bate was about the order made to conffratulata
the duke of York, or of going to St. James's^
one of them, I am sure, was named, but I can-
not be positive.
Jurtf^man. I desire to know whether this
gentleman was there all the while.
. Sir H. TuUe. My lord, I believe I wss there
all the time that there was a word spoke in this
matter, the whole time.
Seij. Jeff. Sir Harrv Tulse, I would ask yoa
another question : W no did yon apprehend to
be meant, when Pilkington said, ' He hath
burnt the city ?' Who ^o you think he meant
by that?
Sir H. Tulse. I will answer any thing that
the court thinks fit I should answer. I humbly
pray my lord and the court would ask me
questions.
L.C.J. Sir Harry Tulse, it was said the
city was burnt Pray who did you apprehend
was meant that burnt the city ? Who did they
mean?
Sir If. Tulse. Who did I apprehend, my lord f
truly, my lord, I think I was the man Xhait
made answer, that it was Hubert that burnt tlM
city, because he was hanged for it.
Just. Withins. Hid you apprehend it was
Bubert?
Sir H. Tulse. My lord, there was a talk of
Hnbert ; and I remember sir Patience Ward
took hold of it, and bid him explain himsd^
< Who do you mean ? Hubert?' And then there
was a little stop among us ; and, as I remem-
ber, I made this answer, * I think, that Hnbert
' burnt the city, for that he was hanged lor it,'
L. C. J. Hark vou ; I would &sk you ona
question, if you please ; You heard the ex-
pression of cutting of throats, * he is, or wiH
*■ come to cut onr throats ?'
Sir H. Tulse. Yes, my lord
dll] STATE TRIALS, 55 CiUftLtft II. lS89.^THW 1/ Sir PaikntA Wmrd, i%\%
£. C. jr. INray whodidyoatpprehendthiHild
be metnt by tbal ? He could not meMi Hubert,
sorely, <br that P
Sir H. !A</!if. My loidf I mtnt gire my
opinion, that it was iAe duke of York.
Mr. Thmnpion. Did you understand that he
meant so at that time f
8er|. Jtff. Sir William Hooker, will you
l^re an account of it ?
Sir W, Hooker » My lord, I will, as near as I
can, tell the?ery worusi; I may lose soroewords,
but of the matter of fact, I am confident I shall
miss nothing. We met in pursuance to an order
made the day befoi^e ; the order was made to
meet on the Monday following, to wait upon
the kin^ and the duke of York. My lord, ac-
cordingly, when I came into the gallery, I
found sir George Waterman sitting on one side,
and I sat opposite to him, and sir TIenry Tnlse
at the eud of the table ; not k>ng after, came in
sir Patience Ward, my lord, sir Patience Ward
sat down close by me, and Mr. Pilkington
stood at the other end of the table opposite to
roe. My lord, to the best of my remenibrance
and belief, sir Patience Ward dia move, that we
might coiisider this business of waiting on the
duke, and, my kM^, answer was made, I do be-
lieve by sir H€n^y Tulse, that it was now too
late, for my lord mayor was come, and would
be going ; upon his saying it was too late in
this manner, Pilkington standing at the end of
the tab'e, said these words ; * Hath he burnt
' the citv, and is he come to cut our throats?'
Uiwm this, my lord, I replied ; Brother Pilk-
ington, said 1, thou art mfinilely mistaken in
this point : thou roayest as well cbarge it upon
a child unborn as upon him ; for the duke of
York was as careful in the tire to preserve the
eity at the same time, in a yani in Coleman-
itreet, as any who was by was ; though the
ashes came upon our heads ; and I never knew
a man look more carefully than he did at the
same time. This, my lord, is the substance,
^t I can't say that Mr. Pilkington made a
reply either one way or other, but I think
Ihere wa« something of Hubert spoke besides.
Then sir George \Vaterman wetit away, and I
Veiit Sway afterwards.
Att, Oen, 80 that you are positive that
that Pilkington did say, * he is come to cut our
» throats?
• Sr W, Hooker. «Hath he burnt the cityf
< And is he come to cut our throats P
Serj. Jeffl And dM you immediately tdl him
this of the duke of York.?
Sir W. Hooker, Immediately.
Sol. Gen. 1 think yim say it was pursnantto
•in order about waitinif on the duke of York ?
Att. Gen. Did you name the duk**ot York.*'
Sir H'. Hooker. I did name the duke of
York to Pdkington, aft r tliose words were
qpoke.
*^y- •'^ Pilkington was there then before '
tlu' disi-ijirse o* the duke of York. Was shr
Patienw Ward there while the discourse was,
^oncernin{r cutting of throats?
& W. Hooker. 1 amaet able te swear wfae-
ther sir Patience Ward M bea^ II or ttO} nti<-
doubtedly he was there.
Sol. Oen, Sir Wayam, do TOO think Hurt
Patience Ward did wmkwnen he siopt
mouth, or ne ?
Sir W. Booker. Truly I did not 0ee fain
stop his month.
SoL Gen. Sir William, was it plain to yvn
that he meant the duke of York ?
Sir If^. Hooker. I am not able to know otBer
men's thoughu ; but certainly nothing could
I4[>pear more plain.
SoL Gen. Was the subject-matter of dis-
ooune oonoemitig the dUke of Yerkf
Sir W. Hooker. About that, and notfafi^
else.
Serj. Jeff: He named the duke of York, did
he?
Sir W. Hooker. He did not name tbednke
of York ; I don*t say tiiat.
Berj.Jeff. But you named him.
Sir W. Hooker. Yes, Sir.
Att. Gen^ Was that all you diseoaned off
Sir W. Hooker. This is all.
Seij. Jf/f*. Here is the ottler.
Mr Wilikmt. We agree the order.
Serj. Jeff. For the present we will rest here,
and see what account they will give.
Mr. Recorder. May it please year lerdslup
and von gentlemen of the jury ; 1 am of cotmsel
lor nr Patience WaNl,the defendant. My lord,
as the counsel for the king say they will rest k
here, so if we should rest here too, I think
there is nothing proved that sticks upon us.
My k>rd, I observe first, that of all their wit-
nesses they produce concerning the words in
court, there .is not one el' them aH, hut the
first, pretends to be a penman, and he says he
believes lie did write, he can't tell whether he
writ or no, and he ean*t tell whether he hatb
his notes about him, and this is aH we can have
of him. And the truth is, they vary so nrach
among themselves, that that is eiiou^ tonnte
any one wonder, on the whole speaking of the
words. And we see these worthy aidenDCtt
are very cautious ; they did expect to he calM
noon their oaths, i did take parttenlar notice
of it. The truth is, my lord, for this mattn\
it is certainly as great and heinous a cvime as
any can be, and 1 believe these gentlemen will
thmk, that in this ease, they should have ne
less evklenoe to conrfet this gentleman of this
foul crime of perjury, than to convict him of
any crime that concerns his lifis. The truth of
it is, if such a fiHil disreputation and scandal
should stick, yet the jury must have psia
proof. If there were a ra^ word, if there
wen* a mistake in a persen^srememhrance, it it
not every slip that will criminate a man of per^
jury, it must be a wilful and cnrmpt forswear-
ing a tnan's self against his own knowlet^,
and nothing U^ss than that is sufteient. My
loni, it is agreed on all hands, (he reccmi
shews it, thst the duke hath recomed a ver^
dirt. The cause went Ihr him. If the duke
wouM have had a yerdict, he hath it ; if he
would have had more damages, Ipt tsight
3
113]
STATE TRIALS, d5CfiARLttt H. l68S.^/«r Perjury.
t5l4
I . kmm be misht ; lie hsih more ■ ttmn
100,000i. for 1m hatli all costS) to the utmost
tehiog. My lord, in eawa of this nature, a
■nm'e wi>rds must be taken toeether. Your
lonbhip will acquaint the jury, that if there be
lay tkioi^ in any part of bis evidence, that does
c^lain, that does limit, that does ipialify it,
the whole disoomae must be taken as one en-
lire evidence, and that he shall hare the ad-
vantage of it in eveiy part. My lord, the nse
1 would make ot' ^is is to this purpose, that
whatever these witnesses fix upon him, they do
it by GoUtngaBd picking out pieces of words ;
they don't pretend upon their memory, mofch
less upon writing, that they are able to repeat
the whole endenoe. Your lordship does very
well remember the ladyCarr's cas^, a greater
and plainer instance than this, if it ^vere proved
as if was pretoided, in chancery ; she swears
ika never received money of stich a tntti, and
Ae made a second answer, and there she says
she received no money after snch a time, and
it was Kflolved, that that should be taken to-
dier, and that that was no peijury. My
, we shall insist upon the two tmngs : first
of all, that the words were not spoken as they
are laid, that they were not sworn by sir Pati-
ence Ward as they are laid and charged in the
lafoimsiion, for they are charged there posi-
tirely and directly ; but we say they were
spoken with all the caution that any man can
apeak iKem with, * as he bdieved/ and ' to the
< best of his measory,' and ' as he apprehended ;'
and thia, I say, circamscribed with great caution
and great tenderness. If they had been
tp^an as they are laid, yet this could not be
pennry ; that is the second thin^. So that if
A nil «Mit that he was mistaken m this, your
Iwdihy wiU aci[oaint the jury, that a rash
aalh ia not peijnry, if it were so. My lord, as
la die latter part, sir Harry Tolse does go a
great way ; for he says, that he can't take
upsu faim-tosay that sir Patience Wan! ever
aaw Mr. Pilkington ; if he did never see Mr.
PiUdngton, kow can he be chanrged with per-
jury tron, for si^ying he was not £ere ? Under
frvovr, if he did not see him there, be
most awear according to his senses, that he
waa net there, and you caanot charge perjury
uon that, it demonstrates the nncertatnty
artkene words, that when they come to lay the
dadaraimi, tiiey are fain to lay these words
fanr aeveral ways, as they do. And yet these
two wwrtiqr aldermen say, they took down the
wards that very day. If these words were so
iftrin then, thougli they were writ down,
what sbonM make tbem otnerwise now ?
Ati. Otn. Tbeie hath not been such' a
ward said yet.
Mr. Recartler. We wiR prove it, Sir, As to
the dnrd point, we say this : it is cfiarged there
fas no eottingef throats, no mention of cut-
ting of throats; as to that, ray lord, I take it
frsm one of their witnesses months, thai is, Mr.
Boxtan ; he • aaya, that sir Patience Ward
swore, that he heard no mention of cutting of
throats ; tmder Am>ir, Sfa% to say thai there
i
was no mention of cuiting of throats, that m
positive, that there was no such thing spok^ •
but their own witness savs, ttiat there was no
such thing heard. Can there be a greater dU*-
ference than tor a man to say, there was no
snch word spoken, and to say, there was no
such word heard by me ? This of cutting of
throats, if it were spoken at all, though I
believe it was ; for i have that good opinion of
these worthy aldermen, f mean sir VVilliam
Hooker and sir H. Tuise, that I presume tti era
was something about cutting of tliroats ; but I
answer, that sir P. ^Vard might not hear it.
And i think they have given a very good
ground for it : says sir 9* Tulse, is be, or wilt
be, come to cut our thnrnts? Whether it were
' is,' or whether it were ' will,' that he cannot
tell. Sir Wm. Hooker, says he, is come to cut
our throats: one speaks affirmatively, the other
interi'ogativelyl Sir H. Tulsesays it was'ouf
throats ; says sir W. Hooker, the throa's of
our wives and children. Do not these two al-
dermen tliifer as much between themselves,
as cither or both of them do with sir P. Ward,
when sir Harry Tdse shall say, there were
no wives and children mentioned ? It is no re-
flection at all, and 1 hope there will be no
cause to reflect upon the other alderman.
The next point is, that there was a discourse
concerning the duke of York, and tliat it waa
before Mr. Pilkington came in. Here the
witnesses vary extremely ; one says before he
came in ; another says, before he came to the
table ; another says, while he was in the room ;
all these varieties we find in the witnesses
that swear the words out of sir P. Ward's
mouth ; and certainly sir P. Ward would never
say these words ; it is impossible to say the
discourse concerning the duke was ended»
when in the very next words he savs, the duke
was not named at all : for, my lord, sir H«
Tnlse savs, he was never named. But, my
lord, besides this, if 1 say he was not there
in thesiffht and view of sir P. Ward, he is not
guilty, Be it true or false, that be was thera
before the discourse ended ; for it is a long
room, and no man can say but a man might be
behind sir P. Ward as he sat at the table. The
second tiring, my lord, is this, that the duke
was not named ; that he is chai^etl to liava
sworn. My lord, the evidchce that he deli-
vered was, that the duke was not named m his
hearing. Now sir Harry Tulse says the very
same that sir Patience Ward did, that there
was a discourse alxiut an order, he savs, but
nobody named the duke, and sir William
Hooker says, the duke was nut named.
Just. Witkim. He says he cannot say he
was named.
Recorder, 'Till afler the words spoken ;
and, my lord, it was so doAbtful, that it seenia
there was need of explication *, tor the words^
(under favour) as prove<l, do not relate to cut-
tmg of throats but to the burning of the city ;
and \% hat sir William Hooker says afterwards^
makes it moreplain. If we prov e, these ttii ngs,
that sir P. WWd carried himself thus, if iia
315] STATE TRIALS, 55 Chablks H. i€85.— 7Ha/ of Sir
Wmrd, [310
-expressed himadf with so mach caution, under
^Your, that doth clearly avoid this charg^e in
the infinmation. .But, my lord, if there were
periory, it was committed at the trial of Mr.
Pilkinfirton, and at that trial when it was com-
tniUed^itwas hest understood ; for here is no new
evidence as to the words spoken in the gallery ;
therefore, under favour, the peigury was as ob-
servable then, and more, because it was fresh
then. Now it is said, that it was with great
astonishment ; we shall give in evidence, that
there was no such appre&nsion, that the court,
that the counsel, tnat every body did appre-
hend it as delivered with that caution as I have
opened it to your lordship : first, sir Georg^e
Jefferies, in the very conclusion, asked him, if
there were nothing spoke of the duke while
Mr. Pilkington was by. No, saith he, not to
tiie best of my memory^ isaith sir Patience
Ward. Saith sir George, by reply, your
invention is better than your memory. Surely
that were the most impertinent thing in the
world, if it had been otherwise. And every
hody knows sir George Jefferies is a man thiU
would not have said such a thing, if he had not
wholly referred to his memory, and given him
•n occasion lor that reply. And Mr. Solicitor,
he says these words, in repeating the evidence
to the jurv : sir P. Ward goes a great way to
confirm that of the other aldermen, and that
shews, that they did observe it fiur enough
from perjury ; and my lord chidT justice, my
lord, when ne came to direct the jury, he says,
that sir P. Ward had said, that, as he con-
ceived, there was no mention of cutting of
throats, and so on ; and says he, it is easy to
forget such circumstances. If, in the judg-
ment of my lord chief justice, it were an easy
thing to foijifet, can it be wilful perjury in any
man to testify that which was spoken as he
conceived ? And truly, my lord, it is the more
for that my lord chief justice was upon his
oath as well as the witnesses : and your lord-
ships, that sat with him, would have rectified
my lord chief justice, if he had misapprehended
him*: and the jury did apprehend it so, and
looked upon sir P. Ward's evidence as a confir-
mation. My lord, all these things are nega-
tive, and they do refer to the memory, and that
my lord chief justice said a man may easily
forget, and that is enough to excuse bin). Be-
sides, my lord, this was given in evidence
seven or eight months after the time that the
words were spoken ; and if any man were to
repeat what was said at this bar, no doubt but
in seven or eight months they would differ
more than sir P. Ward did from these gentle-
,men. Besides, my lord, be is a man of good
reputation and credit, he hath borne great offices
in the city, mayor and sheriff of London, and
this a crime for mean persons, and we think
much less evidence than this will satisfy your
hnrdship. We will prove what was said at the
trial not by the imperfect memories of people
that did not write, or cannot tell whether they
ivrit or not ; , but by some that did take very
exact notes, and espedally by one that wrote
the whole.
Mr. WUliamSn My lord, the question is,
what was anoken by sir Patience Ward, My
lord, if sir Patience did not swear as they have
laid it in the information, sir Patience is not
fftiilty. They have laid the information thus :
That as to the cutting of throats it was sworn.
Sositively by sir Patience ; but if sir Patience
id only speak as by hearsay, as he heard,
that there was no mention of cutting of throats
in his hearing, then we are not guilty. My
lord, how far then the evidence doth touch urn
in this matter, how far they have proved ua
guilty, is to be considered. I do not find, that
any one witness in this trial says, ' that air Pa*
tience did swear positively, that there was no
meiltion of cutting of throats. Every maa
that speaks, speakis to the best of his me-
mory, and to the best of his knowledge,
and no otherwise ; and I will appeal to your
lordship, iipon what every witness hath said,
whether any witness can be convicted of
perjury ; for every man hath appealefl to bis
memory. Observe every witness, and not any
of them do agree. The two aldermen that
were then sworn, one of them, sir JHarry Tulse*
tells you of the discourse conoernmg comiuff
to bum the ciu^, atnd cutting of throats : as 1
take it, sir Hany Tulse said it by way €€
question, ' Is he come, is he come to but ouir
< throats P' Sir Wm. Hooker tells it positively,
' He is come, he is come to cut , our throats.'
If gentlemen do vary, as these two fritnesses,
and have several apprehensions of the same
thinff, it ought to have no influence upon this.
In this case, we are here for wilful per|ury. If
it be a mistake of the memory, that will nerer
come up to peijnry. We will make it out,
that it was spoken with great caution and re-
striction. And then for the other of the two
assignments, if this be true, that there was
no discourse of the duke of York, then the
second will naturally fall. The first thing is
this, that he should swear there was no dis-
course of the^uke of York; if this be true,
that there was no discourse of the duke of
York, then the second will fall. If the dis-
course of the duke of York was done .before
Mr. Pilkington came into the room, if there
were no discourse of the duke of York, it is
impossible that should be the meaning. .And
here I must observe, sir H. Tulse is a tb^Nuand
witnesses in this case ; he tells you expressly,
that there was no discourse of the duke nf
York, he hath told you plainly there was uo'
discourse of the duke of York, nor any dis-
course of the duke*s name ; and what says sir
H. Tulse P He says very plainly, there was e
discourse of an order maide the day before.
We allow the duke is mentioned in that order,
but the question is, whether there was mention
of the duke's name at that time. If yon be-
lieve sir Harry Tulse, there was no mention of
the duke's name.
JustJoeet. He did not remember that there
was. He did not remember that the duk^ of
York was named.
Sir Fra, Wum* By any body.
am
ftTATC TRIALS, S5CUA9LE8 II. l6SS.^for Pmjmy.
[5If
Jut Jones. He does not say, tbat the duke
ira> not named.
Hr. Williams. Sir Hairy Tulse is as much
diKged to remember in this case a» any man
hen. This will be a mighty evidence to jus-
li^ my cfient, then tlie perfury will certainly
m upon these, but we i^nll cleiu: this too. In
this matter sir Patience was a most cautious
eridence, so is he, he did not say positively,
that there was no mention of the duke's name,
kit he says, to the best of his remembrance.
So that there is nothing proved against us.
We will call Mr. Blaney, Mr. Blaney is a
thousand men in this case.
Sr Geo. J^. Is he so ?
Mr. WUliams. He takes notes exactly. We
will tell yon what was sworn by sir P. Ward.
Shr Geo, Jejfi 1 have known him out in a
terdict.
Mr. PoUexfen. That the duke of York's
name wasnamed in the discourse is not proved ;
nobody says it was before the words spoken.
Jost. Jones. After the words spoken ; it was
flien he tells you ; but it was not before the
thne of the discourse.
Mc Pollerfen. There was a diaooorse of
going to St. James's, and upon this discourse
these words were spoken, that PiUdngton did
^eak ; but the naming t^e duke was afler the
peaking of the words in the declaration:
tbefcfbre, there being nobody tbat does prove,
tbat the duke was named in any discourse pre-
eeding the words ^[loken by PiUdngton, I think
it Is no evidence at all.
L. C. J. Y6u make things so intricate, that
no man shall be able to understand what ano-
ther jnys, but must take it as you would have
it. When it was said he had burnt the city,
well, what says the other? Sir Wm. Hooker, I
think, makes answer, says he, the duke is as
ianoeent as a child, and he was one that en-
deavoured to save it. Must not we understand,
DOW, that this was a discourse of the duke all
this while ?
Mr. Pollexfen. .My lord, the question is,
whether there were any such discourse pre-
ceding- the words, or any thine* in question, but
whatlia(>pened after the words ?
Sir. Geo. Trebif. If the duke were not named
befiwe the words, can the name of the duke
teSst to the expounding of them P
• Sir Geo. Jeff. No; but Hubert, ten years
after he was bMiged.
Sir Fra. Winn, My lord, I see we are in
question for corrupt and wilful perjuiy.
JL C. J. You bad best call your vritnesses ;
for au^it appears you are so yet.
^Pra. Winn. We will call our witnesses,
and shew what h^ did swear. Mr. Blaney,
will yon aeqaaint my lord and the jury, whe-
ther you were by at that trial ; and give an ac-
count of what you know sir Patience Ward did
•wear, and whether you took any notes ?
Mr. BloMy. I was present at the trial be-
tween hia royal highness and Mr. Pilkington ;
f did sit upon one of those stools there, and I
ili4 take notes, to the best of my skill.
^r Geo. Jdfl Have you your notes P
Blaney. Yes, Sir.
Mr. Williams. First of all, acquaint my lord
and the jury, what was sworn by sir Patienea
Ward.
Blaney. Having received a subpmna from
sir Patience Ward about this matter, I looked
over my notes, and turned down the leaves in
several places.
Mr. Williams. Tell what sir Patience Ward
swore concerning cutting of throats; and
what that was ; Oecollect yourself about what
was sworn by sir Patience concerning cutting of
Alt. Gen. Pray, Sir, don't look upon your
notes.
Sir Fr, Win, Your witnew don't remember
whether he writ notes or no.
Blaney. I have read my notes to day, again,
and looked upon them ; I do find it is thus,
and I do really believe to be true ; for I don't
know I never altered any man's evidence,
either in substance or form. He did then say.
Upon my oath, if it were the last word I was
to speak, I did not hear one word of cutting of
thr<Mits.
Mr. Williams. Pray, Sir, say as he said.
Blan^. These were the words : ' Upon the^
oath I have taken, if it were the last word
I was to speak, I did not hear one word of cut-
ting of throats.'
Sir Fr, Winn, Was it writ so in your notes
at that time.
Blaney. It is so in my notes.
Sir Fr. Winn. Are your notes altered sinoef
Blaney. No, Sir.
Sir Fr. Winn. There was no thought of
perjury then ?
Sir Geo. Jeff. Not by him, but by others.
Mr. Williams. Are these the notes that wer«
then taken ?
Blaney. These are th&aotes that were then
taken.
Sir Fra. Winn. I ask you thia ; did you
take them as he said them P
Blaney. I did, tothebest of my skill, neither
added nor diminished; Sir Patience in tha
beginning of his evidence did say these words :
That there was nothing mentioned of the.duke,
but of St. James's, in bis hearing.
Sir Fr. Winn. Are you sure the words are
there ?
Blaney. Thes are here. Anj man that
could read my snort-hand may see it.
Sir Fr. Wmn. Were the words then taken?
Blaney. They were then taken.
Sir JV. Winn. Are they. altered smce P
Blaney. They are not, Sir.
Sir Fr. Winn. How are the words ?
Blaney. Tliat there was nothing mentioned
of the duke's name, but of St. James's in hit
hearing.
Mr. Williams. If this be true, it shuts out
the second assignment ; but however we
ask him concerning the other assignment,
whether there was mij discourse GonoeniiD|^
the duke after Pilkington OMna in.
$19] STATE TRIALS, 35 Chahles II, l683.— IVw/ •/ Sir Patiniee Ward, [S«0
Bianey, If yon please, Mr. Serj. JefTeries
vas pleased to press U apoo sir Patience Ward.
Sir, you were pleaseil to ask tlie question. Was
all the dis4M>ur8e over concerning going to 8t.
James's, or the duke of* York, before Mr.
Pilkin^ton came in ? Was it all over before
Mr. Pilkington came in ? And Mr. 8erj. Jef-
feries then aaid >■ - ■
Sir Oeo. Jeff'. What did be answer to my
Question P Was there nothing said of it while
le was by ? '
Bianey. Sir Patience Ward said, Not one
SrllaUe of it to my memory ; whereupon sir
eorge Jeiferies said. Your inyintion is better
than vour memory. And he replied, my lord,
I thaiik God, I have a good memory, though
perhaps that gentleman hath not
Mr. Willianu. Was this written down in yoar
book?
Mlaney. It was then taken by me in writii^;
in my book.
Mr. Williams. Is any thing altered ? ,
Blan^. Not one word.
Mr. WilHamt. Did- you write tliein sitting
Ihere as they were suoken P
Blaney, Just as he said them : There 1 sat
where Mr. Owen sits now.
Att, Gen. I>o you swear you remember any
l>art of it?
Blaney. Sir, this I do remember, as wdl as I
^an i-emember any thing in the world.
Att, Gen, Blaney, tell roe positively what
he said.
Blaney. He said. Not one syllable of it to my
toemory ; I do remember it.
Att, Gen. Upon what question?
Blaney, Sir, of the doke's being not named,
but St. James's, I do remember likewise ; but
I cannot well say any thing of the business
of cutting of throats ; I find it in my book
unaltered, I do not know that 1 am mistaken.
•Seij. Jef, Hark y6u, Mr. Blaney ; I know
bis notes have been mistaken sometimes ; 1 re*
member once upon Raree-show business, they
were mistaken. Upon your oath. Sir, did ^ou
hear sir. Patience Ward speak at that time any
words concerning a law-suit? Lbok Upon
your notes.-^B/an<^. Sir, I will %o.
Mr. Polkxfen. What have we to do with
tlaree-show? Are we trying that?
Just. Witkin$, Gentlemen, don't be angry,
let the canse be tried fairly.
^9* J^ff', ^ "^y ^ * question, I hope. I
ask a fair question, I would fain meet with that
among his characters.
Blaney. Sir, I would not have looked it over,
H I bad met with any such thing in my
notes.
Att. Gen. Can you swear any thing posi-
tively upon ycmr notes ?
Seij. Jeff, It is some diseoorse near the ques-
tion.
Blaney. Then, Sir, indeed it is not in my
aotes.^
^^yJ^" Did sir Patioioe. Ward use the
irard. * positivetv' at any tiow in yoor notes;
and tell us to what?
Att. Gen, Whether b« was positive to any'
one thine^ ?
^i:i' J^ff' Di^ be swear positively to any
one thing? And tell us to what ? I desire to
be 8atis£d by Mr. Blaney 's notes. Some men
can take notes on the one side, and foigei
things on the other.
Mr. WilUami, Come, Mr. Beaver.
Blaney. I don't see tha word positive.
HenyJeff. No, not at all.
Blaney. I don't pretend to say I have written
every word.
i^rj.^Jeff. But you do pretend to write move
than be said.
Mr. Williams, What he writ is true.
Sir IV. Winn. He does not undertake to say
he writ every word that passed, but whether or
no he writ any word that was not said, la all
that you writ true?
Blaney, I verily believe it is trae.
L. C. J. Is that any manner ok'
when he hath not taken all that was said, and
so spoiled the sense, by leaving out soaie of
the words?
Just. Withins. How is it possible fat a nam
to be a good witness, that comes and swears in
one part, I know nothing of any such words ;
and at another time says he does not write nil
in his notes ?
Sir G, IVeby. Let that pass for a rule, and
then no witness the v produce can be believeil.
Sir Fr, Winn. Tb^ have given evidence 1^
witnesses viva voce^ without notes, and make
an objection, because he does not remember
every passa^ ; therefore he signifies nothing'.
We ui^ it m point of evidence, my lord ; be
is kiiown to be a man very dexterous in writin|^
short-hand ; in a material (hing he swears to
the best of his remembrance. He took them
from the month of the person that swore at
that time. My lord, we asked him, wheiAicr
he writ any thmg that was not said. We leave
it ia point of evidence, my lord, to oicomBfeer
theirs.
Mf. Williams. We would give our evidence
in, if thev would give us leave.— Richard
Beaver, Were yoo by, at Mr. PiUungton'a
trial ?
Beaver. My lord, I was by all the while.
Just. Jones, Did you take notes ?
Mr. Williams. Were you prf*s'^nt at the trial
of Mr. Pilkington f^ Beaver. I was present.
Mr. Williams. Can you remember what was
sworn by sir Patience Ward upon that trial ?
Beaver. Yes, Sir.
Mr« Williams, Can you remember what air
Patience Ward swore oouceming cutting of
throats?
Beaver, My lord, be did say. that to his beat
remembrance the discourse was over before
PJUin^ttm came into the room. ' To the heat
* of my remembrance, ray lord, that diseourae
' conretniug the duke was over bvlure Pilking*
* too came mto the room.
Mr. WtUiams. How did he express it ? pray
swear h hat sir Patinice Ward spake $ Idll now
Le expre:dedliimaei£
tei]
STATE TRIALS, S5 Chahl^ IT. l6&3.— >r Ptrjmnf,
[322
, Beater, Sir PMienoe Ward did «ay, to tbe
kit of lui vemembrance, that the disconne
coDoernin^ his highnesn the duke cf YoHc wai
«vcr before aberiff PiUdngton came into the
n»oai, where they weire smoking tobacco.
• Mr. WUUams. He said these words to the
bKt of his remembrance ?
Beaver. He did so. Upon which. sir George
Jefieries said again to him, that he had a good
Memory; and he said he had, and my lord
chief justice said, you may thank God you
have a good memory; my lord chief joatice
kimselfsaidso*
Hr. WUHana, What did he say?
Beaver. To the best of his knowledge, he did
not hear a^ thing of cutting of throats.
Sir Fr. tvinn. Can you remember the way
of his etpresaon ?
Beaver^ The way of his expression was, as
I remember, to the best of n^y remembrance, he
did strike lus hand upon his breast, . and said,
when sheriflT Pilkington came in, he struck
his hand upon his breast, and asked him if he
■Kftnt Hubert, so he said, upon his salyation,
or fo the best of his knowledge. .
• 8ir Fr. Winn. What did be say ?
Beaver. He said —
Sir Fr. Winn. What did he say conoarning
OBtting of throats ?
Beaver. Ae said he did not hear any thing,
aabebebered.
* Just. Janes. Of what ?
Beaver, Of cutting of throats.
Just. Janes. Is that all he said, he did not
hear any thing of cottipg of throats ?
L.C. J. You friend ; you said that sir Pa-
tience Ward said he did not remember any
thing of cutting of throats ; did you say so P
&aver. Yes, my lord.
L. C. /. And thereupon you say, my lord
liefjastioe did commend his memory for it ;
pry'tbee,how came he to be praised for such a
cnat memory when be said he did not remem-
ber any thing ? Thou hast not laid the plot
weU together.
. Just. Wit hens. Was he commended because
he said he did not remember P
Just. Jones. Where did you stand ?
Beaver, I stood oTer-against sir Patience
Ward-
' Just Janes. Did yon hear well P
Bearer. Yes, my lord, I heard every word.
Hesaid he got honour by speaking words against
the Duke ofYork.
SvA. Jones. What is that?
Beaver. .Th^X Pilkington had got honour
bv meaking against his highness the duke of
Serj. Jeff. In the mean time look that part
ant in your notes, that he speaks of. Now I
woidd aak you a questi6o, friend.
' Att. Oen. Pray will you recollect yourself ?
Didyou hear sir Patience Ward say, to the
best of lus remembrance, the discourse concem-
iog Aie duke qIl York was ended before Pilking-
ton eame in P Pray what did he say, tOttcUng.
the discouiae of thedukiB of York P
VOL. IX.
Beaver. Sir, hesaidtohisbertrememhranco
that diaoonrse was over.
Att. Gen. What discourse P
Beaver. Concerning his highness, that it
was orer. , . • ^
SoKf.Jeff. Mr. Bearer, I would ask yon ii
Ijuestion, becaute I know you wiUronember
it presently. Do you remember any thing sir
Patience Ward swore, tlwt he newer had a law
suit in his life P Do you remember any thing
ofthatP •
Beaver, If you please, |9ir, there was some-
thing said of tnat.' %
Snr|. Jeff. Then look that in your notes too;
Bir. Blaney— — 'Pray, upon youivoaib, do you
remember he used the word ' positively ?' *
Beaver. Nothing at all,^ positively.
Id, C. J. Upon my word your memory must
be commend<Ml.
Serj. Jeff. Mr. Beaver, where do you live,.
Mr. Beaver P
Beaver. I live, sir ! You know weD eftougb,
sir: what would you say to me ?
8etj.Jeff. lonlydeaire to know where you
live. Sir.
Beaver. I live in Soaper-lane, Sir.
Mr. Williams. He is an honest man. Ha
was commended when he was chnrch* warden,
Seij.Je^ Many a wise man hath beenin that
employ.
Mr. Williams, 5Ir. Crii^, yon were present
at the trial between his royal highness and Mr.
Pilkington.
Cri^, My lord, I was present here.
Mr. WHliams. Can you remember, Sir,^vhat
was sworn by sir Patience Wkrd concerning
cutting of throats, and how he sware it P
(^risp. I cai>not give any perfect account : I
was here, and a great many, expresnpns I did-
hear, a great matby 1 did not hear. I beard sir
Henry Tuise give some account, and sir
William Hooker, that Mr. Pilkinffton should
say such words about the diuce's being
come. '
Just. Withens. Go on, pray, gentlemen.-
Mr. Williams, Can you say any thing of,
what sir -Patience Ward swore about cutting of
throats?
Crisp. Sir' Patience Ward was speaking
whether or no such words were spoken that
were swore ; he did say there was something
said, that * he was conie to bum the city,' that
he did confess : but as to ' cutting of throats,'
tiiere was not a word spoken * in my hearing,',
or to the best of my ' remembrance,\or some*
thing to that purpose, I cannot be fjositive.
Air. Williams. Can you be positive in this.
Sir, that he said < in \aa hearing,' or ^ I cannot
* be positive?
Crisp. I took it in that wav, Sir.
Mr. Williams. Pray, Mr."^ Crisp, I would
ask you this P Da you remember any thing he
said, whether IJr. PiOrin^n was in the room,
when there was any discourse of his royal
bigness, or the duke' of York ?
Crisp. To the best of my memory, he spake
it thus: We were dijicourslng together about
Y
325] STATE *|;&tALS, $$ Ch ables II. i6S3.— W-W of SSr Patknee Ward, [3524
Ifoiii^ to wait m hm nAJestv, and then to go
to his royal highness; mm we entered into^
some other discoorse ; and when we were dis-
eoivsoig of that, Mr. PiHdngton camertotfae
table to us : it was concerning the work of the
day; aiid when we were about that ^diacooise,
Mr. FiDdi^^Qainetoustdthetable. Whe-
ther he said he was not in the room, or can^e
mto the room then, I cannot toll ; but I re-
member he said he came to the taUe to us
-when we were about this discourse.
* Sir IV. Winn. Do you remember any thmg
that my lord chief justice said to sir nitieDee
Ward's evidenee.
Crisp. That I reroerober more than any
other particokr, beoauM sir George Jelferies
had made some reflection upon sir Patience
Ward, and my lord' said, 8ir Patience, that is
usual with counsel to speak so to evidence ;
hnt do you go on with your evidence for all
that, says my lord chief justice ; sir Patience,
ridcollect yourself; it is supposed by your evi-
dence, that vou feare out those worJfs, either
about the duke of Yoric's being named, or
about < cutting of throats ; therefore, sir Pa^*
tienc^, recollect yomrselfT Says sir P^Oienee,
I do speak it to the best of mv memory. Says
M George Jefferies, upon tbator some other
time, Your invention is better than your me-
mory, which I took more notice of than other
thinpiv.
Sir JPr. Winn, When my lord chief justice
bade him recollect himself^ how did he express
himself? Did hcf say, to the best of his mo-
monr?— Crij/). That he did, positively.
Mr. WillituAB. Mr. Crisp, recollect yourself,
as near as may \3fii When my lord chief jus-
tice made that a^Wer, either to those words
of i cutting of throats,' or the duke of York's
being mentioned ; was it in the conclusion of
his evidence r
Criip. It was towards the conclusion ; for
I. went away, being very much swdtered.
Serj. Jejf. Mr. Crisp, did you hear sir Pa-
tience Ward say, in his evidence, that he never
had any suit?
Crisp. He did speak something when you
did reflect upon him, ' I do not remember that
' ever I had any thinff to do with courts ; my
*■ business is at home.'
Seij. Jeff, A further question I ask. Mr.
Crisp, can you tell upon your oath, whether
nr Patience Ward swore any thing posi-
tively P
Crisp. I do not know, Shr ; I took no notes
at all ; I cannot swear, or declare fhpse words
which were not spoken ; but still it was in * his
* hearing,' or the * best of bis memory.'
Se]j. Jeff. Do you remember he ever used
the word ^ positively,* or was positive in any
]^ of that trial?
Crisp. I do rememl^er he spoke it very po-
sitively } but whether he said the word * posi-
* iive,' I cannot^say ; but still it was wich this
feservation.
Seij. Jeff Hark you, Mr. Crisp, I will ask
you one thing more. Do yon take it upon
your oath pootively , that he used either to di«
< beat of his memory,' or the * best of bta \m*
< lief,' in any thing be said ?
Crisp, In his answer tp my lord ehief jitt<«
tice he did.
Seg. Jeff. Jn any other part, will you take
it ujion your oath, positively, that he ever used
' the b»Bi of bis remembranor,' or the * best
* of his belief?'
Crisp. I said before, I did not fix it in mf
memosy.
Sir Fr. Winn. My lord, he thinks it oon-
venient to say to the best of his memory to«&
CaU Mr. Wright.
[Here the king's counsel attempted to re-
mark on the evidence.3
Mr. Williams. Pray, my kwd, when w«
havel^ven all our evidence mtire, if they have
any cwservation, we will submit to it ; but i»
remark upon every witness, would occasion
too many mierruptions* We would give Our
evidence intire.
L. C. J. Vou will agree, that they may ask
a question when you have done with them ?
Mr. Hoh (to Mr. Wright). Was you present
at the trial between his royal highness and Mr.
Pilkington?
Wright. Yes, Sir ; and sir Patience Ward,
I remember, was asked this question. Whether
he heard any words concerning kOling, or cut*
ting of throats ; and sir Patience Wlrd saicfy
For < killing' 1 heard that discourse; but for
* cutting of throats,* he never mentioned.
Mr, Witliams. You are a gentleman that
exercise your mempry ; pray, oir, did he b9j
anything of cutting of throats ?
Wright. It was to * his bearing^ or tlM^
*' best of his remembrance ;' be did it very
cautiously.
Mr. Williams. Was it as he believed or re-
membenad, Mr. Wright? Did be say posi«
tively there was no discourse of cutting of
throats, positively, or with any reference to \a9
hearing?
Wnght. As far as I can remember, thus be
said, Xbere was a discoune concerning < firinfT
< the city,' but not concerning < cutting of
* throats.'
Mr. Williams. Did he say that positivdj,
or to the best of bis understandiug^?
Wright. The occasion of it was (his, Slr»
VFhether Mr. Pilkington was present when the
discourse was about waiting on his majesty^ to
conffratulate his coming to town from New-
tna»et, and his royal highness ; sir Patience
Ward did believe he was not then present when
the discourse was ; he. was in Guildhall, with
the lord mayor, licensing of ale-houses.
Sir Pr. Winn. When he did mention that
about < cutting of throats/ how did he express
himself?
. Wright. < I believe, or do think^ there wae
^ no such word spoken.'
' Serj. Jeff. I would ask your parson one
question.
Wright. What yon please, sir Geofge.
3Q$j
STATE TRIALS, 35 Chakks II. ]fiS3.— /w* Perjury.
[326
JtL Gm, Can Toa swear yoarself posi*
iirehr what be sttd ?
Wright, I swear thus &r, aocording to^ my
Seij. J^l I wooJd ask him a questio'
Att. Gen. All iasoi^ must be tried by belief
er memory ; what new practice is this ? Cao
yoo swear this upon your oath, or do yoo only
•ay, I think or believe it ?
^Wright. I speak to the best of my reraem-
Serj. Jeff. Mr. Wright, I would ask you a
qoestioD. If I take you right, at the hegm-
mag, there was a talk concerning kHfing and
cattiiig of throats; my lord, I appeal to the
meskory of the court and the jury, if he did
not say it two or three times over. Mr, Wright,
lememher what I say.
Recorder, fie did say it caotioiisly.
Just. Joneis. He did not insist upon it.
Seg. Jef, Was there any discourse, upon
your oath, when sir Patience Ward gave his
testimony, that there was any discourse con-
cerning kiDine and cutting of throats ?
Wright . He believed that the word * kilfing'
was not spoken in Mr. Pilkington*s hearing.
Hetj, Jeff' Now I ask you another question.
Now, Mr. Wright, pray do you remember that
there was any discourse concerning sir Pa-
tience's having a law-snit, or no law-suit ?
Wrig^. Sir Patience said this when yon
made & reflection upon him. ' My lord, 1 hope
you win not sufier me to be abused; for I
never remember I was in any court upon any
•oeasioii of law before.
Seg. Jeff. Now I would ask you another
question, Mr. Wright, because yon have re-
membered more tmm other people have re-
membered ; you have, by your profession, an
extraordinary occasion to use your memory;
do yoa tidce it upon j^pur oath, tiiat he did
give any evidence positively ?
Wright. I do not remeinber he used the
word ' positively.'
Serj. Jeff. Did he swear any thing positive] v.^
' Wright. I do not know what you mean by
* positively.'
Herj. Jeff. Bo yon take it upon your oath
thai he did positively declare any thing in that
trial? Metninks a man of your profession
ihoiilil understand that.
L. C. J. Did he speak < positively,' or ' the
' best of bis remembrance r Do yon not un-
derstand ihat word ?
Beg. Jeff. Or directly, oi: categorically, or
any word yon use ; I perceive you do not un-
derstand * positive,' therefore I put another
word.
Att. Gen, Did he swear any thing posi-
Jifdy?
Wright, The most of his evidence that I
heard, was with cautionary words, to the best
of his remembranoe.
Soj. Jeff. Do you remeniber he swore any
iSuDg positively ? , .
Wright. IcumotxememberySir, thewhole
triiL ',
1
Serj. Jeff. IMd he swear any thing directly
or positively ?. ^
Wright, Thus &r he sidd. To the best i>f
my remembrance, to ^he best of my know-
le^;e, this dkcourse wats over.
Serj. Jeff Did he directly swear it ?
Wright. My lord, he spake, cautionaril|r,
those words he spake directly.
Ati, Gen. Did he swear any ^ling indi-
rectly ?
Swj. Jeff. Where does my parson live?
Where do you live, Mr. Wright r Upon yovir
oath, where do jrou live, before you ^b ?
Wright. If It be a material question, I wiU
answer it.
Just. Raymund. You must do it.
Wright. My lord, 1 live in Essex, at Wal-
thamstow.
Serj. Jeffl Are you the minister of the placef
Wright. Yes, Sir.
Serj. Jeff. He hath heard the word * killing^
which nobody else heard before.
JiHt. Willianu. Pray call colonel Birch.
Mr. Holt. Come, cd. Birch, will you come
over on this side F
Mr. Williams. Thus, were yon at the trial,
between his royal highness and Mr. PilktngtOn?
Col. Rirch. I was. My lord, I am sworn
to speak the tni^, and the whole truth, and
nothing but the truth. As for speakinjg no-
thing but the truth, I shall be sure to £ ; as
to speak the whole truth, I cannot My lord,
I stood where those gentlemen do. Some-
times I could hear, sometimes I fell back, and
could not hear, so that * indeed I cannot spedc
to any ope sentence as it was delivered. Thft
is all I can say.
Mr. Williams. Then say what you can.
Mr. Rdt. Colonel, please. to go your own
Col. Birch. My lord, that which I took no^
tice of was the caution that I observed sir Pa-
tience. Ward to give his evidence with, that
was the principal thing ; I heard fiome piecep
of other things, and then by -and by I was put
out of hearing. ' But methought it was some-
thing strange, because I have not usually heard
the Ske, and therefore I charged my memori^
with it ; that is, Some things he said to the
best of his memory, other things as he remem*
bered, or to the best of his knowledge ; these
were the things that I charged my memory
withd, but to what sentence he applied, I am
not able to give your lordship an accoimt, upoa
my oath.
Mr. Williams. Colonel Birch, did you ob-
serve this in giving his evidence, generally :
was it according to his remembrance, or cau-
tiously?
Col. Birch. That warf the main thing be-
spoke of; what he did in the general, was
with caution.
Att. Gen. Can you judge of that by wliat
you heard?
Col. Birch. I am very ancient, Mr. Attor-
ney; but I canju^eof a man's caution Ky
his speaking.
^27} STATE TRIALS, 35 Ghables 21. l6S$.^Trial of Sir Peiimee Ward, £92^
Mr. Williamt. Did yon observe upon .the
trial, that sir Patience Ward did swear g^»-
nerally po8itivdy> or to the best of bis remem-
brance ?
Baker, I apprebended bim to swear to hm
hearing and memory sopfietimes.
Just. Jonet. Do yon remember the partico-
krtbiogft be swore ^ — Baker* No, my lord.
Seij. Jeff. I would ask Mr. Blaney (his : J
know you exactly take notice of what he says ;
find o>ut in your book. Sir Patience, sir Patieace,
you speak to yonr mepnory.
Mr. WUUanu, Mr. Bennet, pray can you
Temember what was sworn by sir Fstkoce
Ward?
Bennet. Sir, I was here, and I oouU bear
very litde ; but then some, time afVer, some*-
thing towards the latter end, I got my head io^
and could hear a li^e, and that was that Mr.
Pilkington was not at the taUe, and the dis-
course was ended before he came, of waittnip
upon his royal highness, about going to hia
majesty, and after to St. James's.
Mr. WilUanii, How did he' speak that, poair
tiveiy, or to his remembrance ?
Bennet, He was asked both by you and sir
George Jefivries. He did not answer you, but
he answered sirGcof^^ ; for sir George asked
him (his (question. Was this discourse quite
over before Mr. Pilkington came in ? He di^
declare— (I will tell you immediately, if you
will gif e me leave) He did declare not one tittle
was spoken, or to that purpose. It was the
latter part, near it I am sure.
' Sir JFV. Winn* How did he express bimaelf 19
that ?
Bennet. He declared, as I have- told yon,
that not one syllable was spoken in hie
hearing.
SirJPr. Winn. He says, my lord, that nol
one syllable was spoken in bis hearing.
Seij. Jeff. The court hears what he says.
Sir Fr. Wmn^ Sir, that agrees with the notes
of Mr. Blaney.
Serf. Jeff. The word that he said was, to
the best of bis memory. How was the word»
sir Patience, sir Patience!
Blan^. . That was not in. Sir.
Sir Fr. Wiiin. My k>rd, now we will ge t»
another, part of the evjdence ; we win call
persons of quafity, that have long known air
Patience Ward, tbat will give your lordship aa
account, whether he be a man lik^' to i^-
swear himself corruptly and wilAiUy.— GKr
William Russel, are you sworn? Pray how
long have you known sir Patience Ward?
Sr W. RuueL Near upon 20 years. «
Sir Fr. Winn. Pray will you give an ao
oonnt what you know of him ?
Sir W. Russel. I have had several tnmsiic*
tions with him foi^ several sums of money, I
never found but very iair, and bonesl^ and re-
putable dealing. I have known him almo8|
SO years, I have deak with him for several
sums of money, and have (bund him very fiur,
iust and reputable in aU transactions befvreen
Att. Gen^ Cplonel, did yon see him
his hand upon his breast?
Col. Birch. 1: do not remember. I cannot
apply it to any sentence ; but from henceforth
I Mriu never give evidence, but what I can do
directly.
Mr. Williams. Mr. Noitbey, were you at
the trial between bis royal highness and BIr.
Pilkington?
iforthey. My lord, I was there, and* stood
^ behind there, but 1 could not hear very per-
fectlv, to know any sentences fully.
Bfr. Williams. What did you observe ?
Northey. I do remember that sir Patience
Ward did several times say, to the best of his
memory, and to the best of his knowledge, one
time particularly, sir George Jefleries did par*
ticularly say, that his invention was better than
his memory.
Mr. . Thompson. Was that towards the con-
clusion of his evidence^ ,
Northey. He did it several times.
Mr. T&fmpson. But that time. Sir ?
Northey^ He did swear very cautiously, to
the .best- of his remembrance ; I cannot, my
lord, say what he swore.
Sen. Jeff. You heard my question : when
I said to him his invention was better than his
memory, upon your oath, upon what occasion
was it?
Northey. Really I cannot say, sir George,
what ; but your voice being much louder than
other men's I heard you plainly.
Mr. Boll, Mr. Nelson, were you at the trial ?
Nelson. My lord, 1 was present at tlie trial,
and^in some cases sir Patience Ward did rely
upon his memory, for sir George told him, his
invention was better than his memory.
Mr. Williofus. Do you remember generally
he did so ?
Nplson. I had not remembered this, Mr.
Williams, if it had not been fox sir Gewge Jef-
feries's reply.
Sir Fr. iVian. Mr. Baker, pray will you
tell my lord what you know of sir Patience
Ward's giving^ evidence ?
Baker. My lord^ according to the best of
my remembrance, my lord chief justice Pern-
.berton did say, sir Patience, sir Patience, vou
speak to the best of your memory, to the nest
of your remembrance; I say, my lord chief
justice Pembertou did speak to sir Patience
Ward, sir Patience, sir Patience, you speak-to
the best of your, memory. My lord, says he,
I do it to the best of my remembrance; my
lord, all that I can say.
. Mr. Williams. X^an you remember the oc-
casion of this, or the time ?
Baker. My lord spoke to him once or twice ;
pa I remember, he said once, mind yonr evi-
dence, sir Patience ; sir Patience was angry a
little at somebody.
. Mr. Williams. Can you^ say what was it ?
Baker. Some words, ^ I remember, passed
between sir Geoige Jefferies and sir P^ence.
Mr. Wiliiams. And what was the occasion ?
Baker. 1 cannot remember, itideed.
liim and me.
99]
STATE TRIALS^SS CHMtLBS II. iGS^^mr Perfuif.
£330
Mr. WiUiam, Do yoo Oink be would wil-
kij or eocmptlj foiswear himself?
w IF. RmsteL I nerer bad that opinioti of
him : I was impaimeDed upon the jyoy, but the
eoait refused me, and I went away.
Air. WiUuau, Sir,^ did you observe him to
ke a man of truth in his tradbig ?
Sir W. Riusel. ETer.Sir.
* Vr.WiUiamSn Was he given to tell lies, or
[itvancate?
Sir FT. Rustel. I always found him a man
of truth and justice in his dealing, all the time I
dealt with lum«
Set}. Jeffl 8a WilKam, I know you will
■peak the truth ; you are a civil gentleman.
Have you not taken him to be a factious sedi-
tious man ? Did you look upon him to be a ^
man weU-affected to the king and govern-
ment P
Sir W, BmsscI, I never did concern myself
in those affiiirs much, I never had any converse
with him about them.
Seg. Jeffl I know you were a oommon-
43oimal-man in his mayoralty.
Sh W. Ru$9eL 1 was a common • council-
man in his time.
Ait, Gen, Pray upon your oath, did you
look upon him to be a man well afiected to the
government?
Sir W. Rustel. I do not understand, Mr.
Attorney, that I ought to pass my opimon upon
penoDs in thatpoint.
Ait, Gen. Have you not observed in the
4nty bis actions there ?
Sir W. RuueL I was concerned in that time
wbeo he was mayor.
Att, Gen. How did you observe bim ?
Sir W, Buitel, ^ I do not know that I have
heard him sp«ik in a court of aldermen.
Ait. Gen. I ask you, Sir, would he strain a
point to serve a party ?
Stf W. EuiteL Ido not know. Sir.
Mr. Williams. I think you have known sir
Puieoce a Sfeat while : Do you take him to
be a good suoject to the king, or no ? .
Sir W. Bumel. I never Knew otherwise by
him.
Sir JV. Winn. Mr. John Johnson.
Just. Jones. This kind of evidence doth
weurfa rery little.
Kecarder, It is a very improbable thing, that
a man that hath borne so many great offices,'
dtat hath represented the king in that ^reat
office of lord mayor, should be guil^ of this.
Ait. Gen. ; My lord, if they talk or reputation
at large,' we will call all the court here for the
r^otatian of our witnesses.
Just. Janes. ^ For a man that hath been Ik»
qminent as sir Patience hath been, there is
very little more to be said for his reputation.
Dir jyi IFiiift. Mr. Johnson, do" yo« know
.sir Patience Ward ?'^Johnson. Yes, Sir.
ftr Fr. Winn. How long, Mr. Johnson, have
yoD known hini ?
Jokuon.' Ten or twelve years, ISr.
% Fr. Winiu Have you had dealing with
Jiim?
Jokmm. Yest Sir, for considerable sums, for
thousands of pounds.
Sir JV. Winn. Has he dealt with yon as a
jpstmn?
Joknson. A very honest just man as ever I
dealt with in my life.
Sir Fr., Winn. Do yon tliink he would for-
swear himself?
Johnson. I don't think he would teU a lie.
Att. Gen. No, not for a party?
Johnson. No, not for a party. Said I, sbr
Patience Ward, you are lookedi upon to be a
person disaffected, to the government. Says
ne. It is my misfortune ; I am as loyal as any
man in England.
Just. Withins. Hark you, IKr, pray how cam?
you to question whether he was or no ?
Johnson. ,Belng intimate with hira, Shr.
Jost. Withins. What made you doubt, to
adc the question ?
Mr. Pollexfen. Do you apprehend him to
be a man that would forswear nimself ?
Johnson. No, truly, he was a man of fow
words.
Nr. Follexfen. Was he cautioos ?
Johnson. Yes, Sir, as exact a man as ever I
dealt with in my life. — 1 am very well known
in the court, i don't come to serve a party*
I can serve his majesty as well as some m
court.
Sir Fr. Winn. Mr. Toriano, how long have
you known Sir Patience Ward ?
Mr. ' Toriano. Thirty years.
Sir Fr. Winn. In afi. the time have you
looked upon him as fair in his dealing ?
Toriano. 1 have known him a man oi truth,
one that would not be false, to bis knowledge.
Sir Fr. Winn. Do you think he would for*
swear himself?
Toriano. I don't think be would tell a lie to
his knowledge.
Serj. Jeff. You say how long you hava
known sir Patience Ward: Have yon not
wondered vfithin.3 or 4 years ?
Tortano. I have not meddled with things.
He hsiiix by his discourse been as loyal as man
as any.
Mr. Willianu. Mr. Pickering, bow long
have you been acquainted with sir Patience
Ward?
Picke^ng. My lord, I have been acquaiaAed
near 40 years. We bsve dealt together as
long as he did follow a trade.
Mr. Williams. Pray, in your oonversatioB
and dealing with him, did you observe him a
man i^ven to lying, or falsniess, or deoeitfUU
hess, m his conversation and dealing ?
Pickering. I never in all my lifb did observe
bim guilty of any thing, inchnin^ that way,
but of a fair conversation, .never given to mai^
words.
Mr. Williams. Dq you think he would cop-
rupUy forswear himself upon any account?
Ftckering. Truly I bdieve not vrillingly do
it, nor any ttiinff that way.
Att. Gen. fiu. Pickering, yon hstre observed
im to be swervhur Of late r
him
931] STATEITRIALS, 35 Cha^lss U. l^S^TtiM 9f Sir PaUenee Ward, \Z^t
Pkkering. Truly I hart been a ooimnon
couQcil-mai) m the ward where he is Mer-
«MRi, and all the disooune I heard frobt him
fpas very loyal truly.
IBeri. Jeff( By hSs actions vou hare looked
apoD him to be a man very well affected to the
gfovtmrnent ?
Sir Geo, Trehy.CTo Capt. Griffith.) Do you
Icnoff sir Patience Ward ?
Capt. Griffith, I have known him evtr fiince
lie hath been alderman of that ward.
8ir G, IVeJy. How many years, sir?
Capt Griffith, About Airteen or fourteen
year^,
ISu* G. Treby, In all that time how have yon
looked upon him ?
^ Capt. w-iffith, I have looked upon him in
<diat repute he was in as an alderman. I never
liad any dealin§f with him.
Sir G, Trelw, Did you think he would fbr-
«#ear himself r
Capt. Griffith, No truly, I think no man of
liOBouf would forswear himself.
Att, Gen. Captain Griffith*, upon your oath,
how hath he carried himself towards the go-
yernment ?
Mr. William. Sii- Harry Tube, in all your
time did you find him to be a man given to
lell stories for truth ?
Sir if. Tuke. Sir, I never had any dealing
with him in matter of trade.
Mr. Williamk. How did you find him in his
conversation.
Sir H. Tuhe. Truly, Sir, I never heard any
thing ill of him.
B(r. Williami, Do you find him a man of
fiilsi^ or truth in his conversation ?
Sir H. Tulse. I never had any dealing, so can
speak little ; I never heard any thing amiss of
mm ; I have heard he is a very considerable
merchant, and I believe he is so, and accounted
a very civil gentleman . I have had the honour
to sit in the court of aldermen ten years with
him, .and we have had sometimes some differ-
ence in judgment.
^ Sir Geo. Treby. >Vould he wilfully forswear
iiimself, do you think ?
Sir H. TuUe. Tnily, I believe not
Serj. Jeffl Do you believe every ^iog he
«wore at the last trial was true ? You are upon
yopt oath, sir Harry Tulse.
Sir H, Tulse. I believe they were not true.
Serj. Jeff. Sir William Hooker, we would
give you no mcfre trouble.
Bfr. Williams^ Because they called you, Sir
WiHiam, I would ask you a question, what do
you think of sir Patience Ward P
Sir W, Hooker. Truly thus, according as it
htfth been said ; but truly when I consider what
* condition sir Patience Ward was in, wfacui he
delivered his evidence; for to my reniem-
hrance, he Ibdced Like k man three quarters
dead —
Serj. Jef. Do yon believe whatever he swore
was true ?
^ IK. Boohef^ I doiiot remember any thing
he swore then*
Just. JMCB. Have Jrott dene f
Mr. Williatm, We have done, we leave it to
the court.
Serj. Je/fi SirFnmGisIiBe— <8irFrancb,wer«
yon at this trial, and do yon remember what air
Patiettoe Ward said at the trial ?
Sir JP. Tfifnii.- Always yoa come wHh dropb
at last.
Mr. WilUami. This is a new way of going to
woik.
Sir Fra. Lee, I was upon the jury between
hift royM faighnen and Mr. Pilkington, and ritr
Patience did swear, that Mr. PilCngton was
not in the room, when the discourse concerning
the dnke of York was mentioned ; but afteri-
wards did swear, when Mr. Pilkington said, he
hath burnt the city, said he, I clapped my hand
upon his mouth, and the other upon hK breairt,
and bid him explain himself; who do you meait,
Hubert ? Sir Francis Butler, who was our ibre.-
man, and stood next to me, jogs^ed me, and bifl
me take notice of that ; and so I did : and after
we had this disiconrse together, he said, air
Francis, I would have had you to take notice :
did you take notice of it ? I told him I did.
Truly it seemed clear to me. That he shoolii
swear he was not present at the discourse about
the duke of York, atid afterwatds be must hifer
he meant the duke of York ; or else, what should
he have stopped his m<kith for ?
Mr. Wiuiams. My lord, here are fl^ntlemeh
that heard aU the trial, they might have been
called certainly in order. But, my lord, to come
in at last, when the thing is heard on both sidete
tiien to come in with witnesses again, I do noC
\uiderstand.
X. C. J. They may caH theirs, when you
have done with yours.
Sir F. Winn. My lord, I will bntput this one
instance ; in a dvii cause it hath been denied,
much more in penury.
Mr. Williana. We will leave it to the court ;
if Mr. Attorney says he will, we will.
Just. Withtns, Take your liberty on hoth
sides, I pray.
Att. Gen. If sir Patience did not know ft to
be fiilse^ then it is no periury.
Sir Geo. freby, I said no such words.*
Just. ^Mi?u. They ^esdve they will Con-
clude ; therefore, gentlemen, take your time.'
Att. Gen. I remember what you proposed
the odier day, you made a speech after two »
three o'clock in the afternoon .
Sir Geo, Trehy. Who, did I ?
Just. Wlthins, Nay, gpod gentlemen, do not
quarrel.
SirG^. Treby. Idesiretosayatrordortwd.
That your evidence doth not at all encounter
ours, It stands with it ; let them have as mucti
reputation as they will. They say, sir Patf-
ence Ward did say thus and thus, as concern-
ing catting of tiiroats, and' as concemfaig dih
discourse Sebg ended, and as coiit*erninjg the
duke's being not named ; ours say the sattM
too : but they say mot« ; thc^ say, he said
with all the caution in the world, ftom ilie be-
ginning to the end. My lord chief joitic^
»3]
STATE IRIAU^ 35^ CtfAlLB&Ii. iStX^fat Pit^mrg.
[594
MfcymTeeoneothtiiiaeir; he layB, 1w speiki
to kiiineiiKiry. Upoa sir George JeffeirieB*s
^MtieDyliesays, he speakatothe best of his
lemembrance, and tiieraapen is tet memora-
Ue mly of sir Geoi^fe, your hiTei^ioit is
better man year mentoy. ,One of their own
vitneseeB says it was so, and so says Mr.
Kttiey, and so says another witness. While
Ihediscoane continued, whether he was ther«
sr noy sir Harry Tulse doth agree, that he
cannot say he dM see him. Now, nnder ftiyour
if he did not see him, hemight say he was not
tfiere, fivr no man can swear otherwise than
aecoidttg lb his senses ; what a man does not
fee, may be behind his beck, i^hough he had
not limited himself with that caution, as he did
fimit himself with the greatest caution, and
saii, as he did believe, he was not there. My
Und, none of their witnesses win undertake to
say he used the word positive : they don't
deny the thing, it is impossible any man
ihooid ; but diat there were these words of
limitation, they might K; said, and not heard
by them, they might be said, and not observed
by them. None of them did pretend to write
notes, except tiie first ; and from the evidence
ef the first, I have aU the reason in the world
to hdieTe, that bis notes did contain all those
SButionB, and all those qualifications, that we
mak of; why else should he be to seek to
Ml written short-hand ? He did not know •
whether he had notes here ; he did know,
whether he had consulted the notes since.
Would any roan in the world lay by notes at
this rate, that intended to give nill evidence ?
Though I will say that for him, he does not
undertake to say positivdy, but according to
the best of his memoiy, and according to his
belief. Sir WilKam Hooker says, he was in a
great confusion. Here are a jp^at many gen -
Semen beyond all exception m the world, that
do say his dealing was so ftir, that he never
toM a Be, ^at he was most exact and most
jost in bis dealing. It is impossible that a
man riioold avmd such an evu as this is, for
so long a time, and in so great places and
sffiees, j^id should now at last be guuty of such
a vile and base sort of crime as perjury is,
whieh no man ought to presume of another,
unless there be the greatest and plainest proof
to the contrary. Bat, my lord, on oar side is
the pbunest proof diat can De, by witnesses that
remember the words as well as the qnalifica-
tions ; and one of our witnesses is worth abun-
dance of their witnesses that did not write,
e^eciaBy such a one as does not shew his
notes. Hut as I said before, they were tes-
tified by sir Patience Ward, with all those
cautions ; and we do think, that there is no
cpkrar in the world that this should be perjary.
Hr. Williams^ Gentlemen^ I am of counsel
ibr the defendant, and the question is, gentle-
neo, Whedier sir Patience Ward be ^ilty of
the wfijful and malicions peijury thatis laid to
Us charge in this information ? Gentlemen^
it is agreed on all hands, and that will appear
ts you, there bath been no manner of evidence
|(ifeBlbrthe kmgvagaimft ^ P^ukienee Ward
eitheraa to his honour, or rtpotatioQ, or fruth :
there is nodunff, geatiemen, endeavoured to be
diarged upon lum, but this particular crimen
The genUeoien thAt proeeartehun do notofibr
any one thing against his repntatKHi or his
dealing ; so tbil, gentlemen, ftr aught anpean
to you yet, before this was laid to his charge,
he was a rary dear man. Gentlemen, he hath
borne great oflioes in the city of London ; he
kath liien lord mayor of London ; he is now
inn oonsidendile place of miffistraoy; he is an
aldenmai. We have proveu by several gen<*
tlemen, heis a man of great value, a man of
great riBckoning and deling, a man of truthp '
a man of veracity, a man, that they bcJieveV
would not forswear himself for a worlq : gen^e-
men, the very witnesses against us, they say it«
Sir William Hooker tells you, bevras under that
consternation, he was like a man three party
dead, so that there could be nothing of malice in
that man ; he was without sense, without pas*
sion ; and if any thing was done, it was done at
it were by a dead man, a man that was sense-
less. Sir Harry Tulse believes, he would not
wUUi^y have perjured himself ; then he ia
not guilty of wilftii perjury, and that is the
ouestion you are to try. Now I have said
tnis, gentlemen, as to the condition of |he
person. And now for the imputations that are
hud upon him. The second observation that I
make, is from the nature of the crime ; we are
accused of penury, first, that we have perjured
ourselves. That in any one casual thing done
upon any account whatsoever, to prove the
fiict done, that a man is perjured, it is ai) easy
matter. Men are sntgect to mistake ; tho
words spoken, gentlemen, were spoken in a
very few moments. Consider what a thing
the memory of man is, how subject men are tn
mistake words. To say, that men shall not
differ, that there shall be no variation between
man and man, it is to put an end to all con-
versation, there would oe no bringing of wit-
nesses, if there mighrbe no variation. Nay,
gentieroen, to just^ what I have observed to
you, observe these two gentlemen : sir II.
Tulse, he tells you, that the wo|ds were by
way of question,v Is the duke •come ? That
Pilkington should speak the words by way
of question, Is the duke come ? Is he como
to cut our throats ? So that he tells you,
Pilking^n said these words by way of inter- *
rogfation. This is the evidence of sir Harry
Tulse; and both of them agree, gentlemen^
that they were spoken at one time. What
says sir -\Villiam Hooker ? How does he ap-
prehend tliese words ? He tells you they wer^
positiFc in the present tense : He is come,. he is
come to destroy our wives and children. So
that if these gentlemen mistake, one takes
them by way of question ; the other says, they
were deliverc4 positively, in the present tenseJ
Suppose this were brou^t sgainst these per-;
sons, no man will say this is peijury. As these
gentlemen have misremembered, so might sir
Patience Ward have misremembered ; and if
mg I be tells you, he referred all the parts of it
eimer to his memoir or his observation. He
does not trust to a mil memory; but he tells
you he took it in writing, and telh you tliat
writing4s here ; he produces it here. He is a
rntleman that nses to take writing; so that
you give credit to this gentleman, certainly
tie is in the right. Mr. Blataey is not alone in
this matter; we hare calleJ'seyeral, and ihaf
agree with Mr. Blaney. Every witness that
f peaks justifies Mr. Blaney. 1^ that we have
■0 many witnesses that justify every thing, or
most of the things that we have said. Now,
gentlemen, when I have said all this to you,
consider ; for there are some tilings relhaarka-
ble in all causes, and the truth is, all the wit-
icsses give you one remarkable uistance, and
fhat is, of sir Geo. Jefferies, that he made a
a>mDieot upon the word memory i he ad-
955] STATE TRIALS, 55 Charles U. t685^7Ha/ of Sir Patknet W»i. Zss6
lie hud, it is his infimiity, ne crime: for any
man is sabject to mistake. We are now upon
the penury, and it is not any dung that is
affirmative, but they are negativeo^ The first
JDegative is this, that he should say there was
no mention of cutting of* throats. Say P The
question is, what was' the discourse about
cutting of throats P Sav I there was no dis-
course about cutting of throats ; it is natural
to a man to say, I heard no such thing, and
every man must speak to his hearing ; it is
that which must pierce your ears ; thttt organ
must be touched. There was no discourse, 1
heard no discourse ; 1 could say no otherwise,
nor any man that goes by conunon reason. It
must be by hearing, it is not natural : won't
Tou believe what they say, that sir Patience
Ward did say, and Mr. Blaney, and other wit-
nesses, with him, there was no such discourse P
Is it not rational for a man to believe there was
np such discourse ? So th^ 1 take it, was the
nature of the thing. For the other thing, there
is not one man that hath proved it to you, that
he said there was no discourse of cutting of
throats. Let them shew me that witness that
be did positively say it, and then I will give up
the cause, for my snare. I am sure Mr. Aston,
a clerk in the court, he savs it was, to the best
of hb observation. Mr. Aston is a man that
uses to be here, and a vigilant man in the
court ; he does not take it upon him positively.
These worthy gentlemen, the aldermen, don't
take upon them positively. Their witnesses
were wary in it. Are there any two of them
^igree how the words were spoken ? So that,
gentlemen, there is no positive proof against
as. Now the proof lies on our part. We
prove very plainly by Mr. Blaney ; and can
any man do better in this case ? The same
evidence runs to the other two instances, as to
this; therefore I do not love to multiply
words. Now our evidence is to justify this.
Here is Mr. Blaney, he sat in a most proper
place, and the most likely to hear of any man
m the eourt ; ne stttili the middle, between the
court and the juiy, near the witnesses, heard
as much as any about the court. He tells you
«Urectly, he did refer his evidence to his hear-
miied his invention, Imt lessened his mettMry^
as if the gentleman had been troubled, thai be.
had not remembered ; for I remember it was
a reflection upon his memoryi that his memory
was not better.} but commended his iovcntiMi
mightily. So that this, ^;entlemen, is a le-*
maikaUe thing. TheV give you that instance
to justify what was said by Mr. Blaney. Now,
gentlemen, 1 have said aU Ai^ ^ yon, we must
rely upon these things. They ask, whc^er-
any thing that was said, was positive P ft wa»
a mal larted some hours ; and I think sir Pa-
tience Ward was an hour in examining. Did
he say any word positively P Can any man an-^
swer such a question P It is an impertinent
auestion. Gentlemen, upon those three mattov
tiat are assigned, whereof he was accused; as'
for those three things, they are answered paiti-
cularly. Gentlemen, now we are in your
hands, and the question is, what you will da
in our case P Here i» a positive prcwf ibr us ;
all the presumptions thi& can be for u^; here
is the proof of our repi#tation ; here is nothing'
against the gentleman's reputation; and a
man of honour hiod rather be tried tor his bead,
than for his ears. 1 knowj gentlemen, .yoa
are men of value, men • that value your own
reputation ; I leave it to you, whether you
can in conscience say, upon your oaths, that
this gentleman is guilty of wifirol peijury.
Sir Fr, Wilmington, My lord, tnis is a cause
of great importance, not only now, but in point
of eacample hereafter. Mylord, the infiH--
mation is, that sir Patience Ward, by his con •
sent, and out of a wicked mind, did falsely, vo-
luntarily, and corruptly swear so and so : so
that if so be that he hath not sworn wilfully
and corruptly, I know your lordship and the
court will tell the jury, he is not guilty of per-
jury. Truly, my lorfl, in this ca^ I must ob-
serve to 3^our lordship and the jury, that we
are now contending what witnesses have the
best memory ; &r the thing is not in contro-
versy for any act done, but our defence is^
what sir Patience Ward did swear at the time
when he was at the trial. I mUiBt say, there
are no memorials in this cause gireu on the-
other side, of any man that did undertake ta
write down at that instant time for the kmg ;•
but one man says, he cannot very wdl tell
whether h^ took notes or no. So that Ido say»
my lord, with your lordship's leave, that of all
the witnesses they have produced, there is not
anyone of them but does vary in words ; they
are not consistent in expression, even to any
particular questions that were asked ; and con.
It be said to be ^fi4 and corrupt peijury,
upon such an uneertain evidence P I don*t
doubt, gentlemen, but you will take great cace.
of it. My lotd, I will mention but two parti-
culars toj^our lordship, that I think, go dirongb
the case. My lor4» Mr. Blaney hath told you
several particuhu'sthai have been remembered ;
he writ it at that time, without any variation ;
it hath a great advantage over the other ade,
that have only retained it in their memories,
and their memories might fail them, and differ
8
3373
STATE TRIALS, 3{f Chaelbs If. lesi,^^ Petjurif.
[33»-
from the time of gpealdng ; bnt here the wri-
tiogr mnains, that was writ at that very in-
stant ; here it was fresh written out of his
Dumth. The question was asked, can yoa
swear, Mr. Blabey, you writ every word, or
■0 ? It was askoi the • witnesses, can vou
siretr, thai he sware nothing positif ely r I
Bmstconiess, my lord, it is a question that is
sinnge for a man to answer. Any thing po-
ciCiTe I Does he know what a man means r He
nosf redace it to particulars. But, my lord,
I have asked Mr. Blaney, did you take it as it
cune from his month ? He swears these words
he spake, and there is no Tanation, but written
iostantljr at that Fery time. My lord, I do
diinkthis is athin^ goes a ercatway. My
lord, there is one thing more tBat I think goes
through the cause, and that is Mr. Crisp ; for
Crisp acquaints j^oor lordship, that when there
was some Tariation between the assertion of sir
iHarry Tulse and sir Patience Ward, niy kvrd
cbief justice ^ve an admonition to sir Pa-
tience Ward, Sir P^tienc^ Sir PaUence, recol-
lect yourself. My lord, saith he, what I de-.
lirer, I do accordmgto the best of my remem-
brance ; and then this afterwards (for this, was
at the end of bis .eyidence) is a qualification
tpiite through the cause. This beinsf to weigh
it arith the other side. But 1 would say one
tbbg more ; to what end should this be ? Is
any man danmified by this oath ? Is there any
man can say this oath hath prejudioed any
man in his reputation or estate ? It was very
itrange, that a man that hath brought so many
witnesses, and those very worthy persons, that
say they believe he would not forswear bim-
s^, should do this for nothing, tliat a man
sfaouUL be the wickedest man in the world at
one jnmp, that yon can hear nothing of any
act of iaifiity of him before. Now when there
are snch plain evidences, undubitable evi-
dmces, it is a thing of great consequence.
And colonel Birch says, generally, as he does
remember and believe, he did cautious!^ speak.
'And sir William Hooker says, he was under
consternation at this time. So that it ap-
pears he had much caution ; and if so, it is of
nighty consequence, and concerns any wit-
nesses to come. Here is a man perjured, and
a creai many witnesses may. You are not to
■uod what is said by the counsel of both sides,
knC what is said in point of proof It will make
all 'men cantious, because ihey may infer
danger by a positive assertion. My lord, this
is a ease of perjury, in which I, and every
honest man, toat vahaes his reputation, should
be tender, if this man be guilty, it is a great
crime ; I most leave it to your consciences.
Mr. p0lierfen. The nature of the case I do
koBlUy pray -your lordship to take into con-
sideiatMo, ana the jury. It must be wiKul
md corrupt ; for so are the words in this infer-
nation, and in all indictments; it must be wil-
M and oorropt peijnry. My lord, if so be that
several witnesses interfering one with another,
Me lememberiog one pared of words that were
^oksB at the same imie, any man shotdd be
VOL. tx.
perjured in this case, by remembering, and not
remembering, no roan almost durst be a wit-
ness. What discourse bath passed, let us but
observe in this matter. Here were three aWer-^
men^ present ; one of them sivears thei« was
no discourse of cutting of throats ; it is a ne-
gative, not an affirmation ; and no man that
bears him, but must say of it, no discourse that
he beard. When I say there was no discourse
of such a thing, any man will understand, no'
such discourse came to my observation or hear-
ing. For the others that say there was such-
discourse, they vary themselves ; one says if
was cutting our throats ; t'other, cutting the
throats of our wives and children. I only say
this to shew tbe weakness and tallibtlity of
men's memories, that carry things so in an
uncertainty. Two or three men swear's man
said so, toother says he did not ; no man can
understand it in any other sense, but he did not
hear him say so : For a man can say no more
of what another says, than what he heard.
So, my lord, considering the circumstances of
the case, it is so that men may perjure one
another upon omissions. One man may bring
one little part of a disoour^ie, and another ano-
ther ; it will be a very unsafe thing for a man to
be a witness so. But my lord, the neztHlnng
is this of positive evidence, and upon reroem'-
brance. My lord, if so be there must be posi-
tive evidence to convict a man of peijury, I
would leave it to your lordship in the cause, whe-
ther there be any among all their witnesses,
have proved it positively? Next, my lord, if
so be that wci must have of t'other side positiva
evidence, we have more positive evidence
than they, under favour, considering that
Mr. Blaney hath his notes. This I answer'
to that objection of theirs, Did he say any
thing positive ? Did you write down this or
thatP That is not the matter; there is no
man that writes all: But the question is of
that be did write, Whetlier that be true? If that
that be true, it is more certain, being written at '
that time, being* writ^n hero in court, when there
was no thought of being made use of .as an
evidence, is stronger than many men's slippery
memories. But he in this is backed with a
great many other witnesses that do speak it,
though not so positively as he does, because he
hath Itis notes to help him ; and he says parti-
cularly to one thing, that he does particu-
larly remember it And, so, being they were
written at that time, that is, under nivour,
a better evidence than twenty slippery men's
evidence can be. So that taking all this to-
gether, considering tbe person accused, and the
great offices he hath borne, considering the
great shame and scandal of the crime, aH caen
that have known liim for 20 years together,
saying he was not any folse man ; better a
man had taken his head from him, than taken '
away his reputation. Unless, my lord, there
be plain and full evidence, I hofieitwill not
afiect us, nor witnesses that shall come ai\er-
wards.
Attonuy General, Tbe matter, gentla»«D«
Z
339] STATE TRIALS, 35 CEAftLsa K« l£$3*--2V&rf ef Bbr P^Hmcc Ward, [349
befere yoo, is. Whether or no tir FktieDO&
Ward, tor swearing these words, be guilty of
If iltul or corrupt perjury ? I shall admit that ;
hut it is the first tim^ 1 eirer heard of, that we
muit go to proTe the intentions of this genile-
mau, that if he' did not intend to swear wil-
fully, or Toluntarily false, that it will not be a
oorrupt or wilful peijurv. My lord, therefore
1 must observe this to the jury ; if the matter
that he swears be false, the law construes it to
be corrupt and wilful : If the matter, I say,
does directly come in issue, and be in that issue
. swears that which is false, so that it hath an
influence upon that issue, the law construes it
oorrupt and wilful : For that is the reason, my
lord, why that regard is given to all oaths in
oanses, tnat they may be plain and direct ; and
a great punishment is upon them, if they are
. not true ; that is the only reason for it, and
^o other. For without doubt, we have nothing
to prove the case, bift these two things ; for we
cannot search into a man's intentioni. that
when be speaks of the duke of York, he in-
tends Hubert ; but we most take things as they
are, whatever a man intends. Bo the jury' are
to inquii'e but of two things ; Whether or no
these words were, spoken by him, as they are
kid? The next ia, Whether they are nilse?
We have nothing more to do : But if we prove
these two things, tliat the words that were
tpeken, were spoken by him as they are laid,
in that manner, not as these other witnesses
' would have, with the words, *■ I believe,' and, < aa
^ 1 remember,* but that they were plainly and
/positively spoken, my lora, that we are to
prove, and we have i^oved it. The next thing
we are to prove, is, that the words are false ;
that they are ftalse, they do .admit by all the
witnesses; they don't go about to encounter
that proof at aU; they have not at all endea-
voured it, but that these words, as tl|ey are laid«
are absolutely false ; and they were contrary
|o the matter that was in issue in that case.
That thia gentleman spake them, my lord, the
f ery thing speaks ; for he was heard by the
iwuit.as a witness, and as their evidence m the
whole cause { and the court, after he was
examined, put it upon this gentieman. What do
jronswear? If it had been all, as « I remember,'
and, < as I believe,' the court would have lie-
cfaured it was no evidence. My lord, if a mat-
ter be in tssne, and a man comes and says, < as I
* remember, and believe,' this doth not encounter
ftM iasoe, nor the proof that is for that isaae,
^fdhm there were two positive witnesses^ that
poaitivelT swore Uie words, that the court
fhonU then reter it upon the testimony of sir
•lyieDce Ward to the jury, the ennrt would
E've JQ^gmeat he was no evidence ; it is plain
»wasnoevidence, if he swore to his memory
waA belief. That that is no evidence, the lea^
mm is plain; fbr there would be an end of aU
trials, if ever that sort of doctrine be admitted :
No man can be perjured upon his r^mca-
hrenee^ nor vpoB his belief ; who ean teli he he*
lievescontrarytowhathesaya? Sothatthereis
w end afilMit vlnch ovghtli ha th« ome if . aU
the fidaa witnessea in England ; for I take it in
point of law, ' the best ofremembrance' in this
nature, or * as 1 believe,' is no evidence at all $
and therefore the insisting much upon that, is
to charge the court with injustice to put that
upon the jury, and the jury need not have
given any reason why they would- not believe
im ; for there had been an end, if he had saidi^
* as I remember ^' the jury might have said
picsentiy, there are two positive witnenem
against him. Tlie two nrkt witnesses w^
have called, Hatch and Wood; they dp
swear as to those worda of catting of throats i
they bwear it positively, both of them. Whe-
ther he Uho the word *■ positively,' or wh^er it
was * upon his oath,' that, indeed, they could not
speak to, but they were positive, without any
reference tp his belief or his memory. To Umi
other point of the duke of York and Pilking-v
ton being there, that ttiey speak positively to,
and I mink sir James Smith doth apeik ac.
positively that he was sure his words were*
eitba: ' I do positively say,' or * upon my oatb,
one of them ; but without any worda of re-
Terence. Mr. Aston, who is a clerk of ihta
court, and sat there in this place, he apeaka to
that Dositivelv
Sirf. Wiwiingtm. * I think' lam 'prettf
*• sure' * I think,' these are the words.
Att. Gen, The Foreman of the jury he ra-»
peats the same positively, and ^ves a plaia
reason ; if it were not positive, it were an idlo
thinff.
Mr/ WilUams. Will you do ns injury in the
cause f
Mr, Aston, If he spake any words of mitiga^^
tion,they were so low, I could not hear ; and I
think I could hear them all.
Just waking. Pray goon,
Att. Gen. I say, my lord, aeveral witnasef
we produced, and sir William Hooker particu*
larly : lor we had never made ope of hioi, if
there had been only so idle an evidence, lor we
did not call sii Wuliam Hooker till after kia
evidence was given, to encounter this poabive
evidence. \V9 then produced sir WiUiaoi
Hooker, after he had given positive evideooQ,
and sir William Hooker did stvearjt pofitivaijr
upon him again ; then the court anod biait
what do you swear ? My lord, aiWr. this, be
might be shy in bis evi^nce, ancLsay^ * I re«
* member, and I believe.' Alter tSl, we pui it
upon him ag;ain, and then we aay the words w^re
awomjpo3itively ; fbr by way of hear-say aed
belief IS no evidenoe. Mow Mr. Qlaney b aB
in all, and 1 think now Mr. Biaoey will mgufy
nothing. I eay,my lord, Mr. ttaney, whet
is his evidenkoer He pulls out his netas, ae4
there he talli yon, to such a quMtioe diere was
suoh aa anawer, and there indeed it k ' to the
< beet'Of hie ranembraace.' But what does M^.
Blaoey tell you ? Mr. Blaoey positively tsUs
y<iQ,'teat thm arebutaboitnetea, many thiofli ,
omitted, and I perceive whole aenteeoesoeiittadt
ft great deal of disoourie omitted ; andtbakap*
peaieby that psisafaef sir Cneifn Jeffieriaa'a
MteRsyHtvk Thn»«arb««i» itfiufplftoete
341]
VTATfi TRIALS, i5 CtatkntU 11. i6S5>-/m' Pef^ty,
194^
ftAermdi be w prcwod ; Ibr rare! v it wts to
mo purpoie we woald l«t so^aa eviibttce pan,
JWit wbes lie iaprMtd ; Mr. AUcrBian, is it so
9rno? ForMiefisno criileiioe. There, ny
brd, he cnswempoMtively, and tbat it omitted
4XitofHi;.KiaeT^beok! This was neoeseery,
uy lord^ wc shoiud do, and not let such a thing
MB, as that < Id the hesTof my rememhraiioe.'
My losd, dieato see what Vh, Dlaney himself
asys, betook notes, he did notanswer odle thing
pesitiTely thnMwiioiit the whole ; f«ir which m
lila be rejected, I tinnk, as no witness in the
case, as a person that eoBMS tad swears by heer-
aiy ; and it was so remarkable a thing, ny lord,
that we who are of the king's coumoI, should
trite m»liee of it to the eoart. He is no witness,
be swears nodiing positively : It is an art, my
lard, was never invented till of late, and if it be '
attswed. It will make an end of all triale. ; ftr
yon will havens much forswearing, as vou have
tying. Here is one gives evidence ne never
taUa lie in ins life, ana I care not whether the
jniy brieve that or no. Sm^y my lord, we
should not let a man go tfway with snda an answer
as tbb,^* to his remembrance.' Iftbeytakeapon
Ibem ifes way of swearing, I tell you ^ainly
they are no witnesses at ul. My lord, I must
appeal to the court, if such a tHingbe allowed,
what will become of an trials P The punish-
ment of pajuries does make men cautious in
awearing ; and so it was irom the beginning,
ever since swearing was allowed to decide
canaes, penuiy was to be punished. By the
law of God it was severely punished. If there
be a new way introduced ofgiving evidence, * to
* tibe best mmj remembrance,' you have shut
aottbe poBMiiment Can you convict any man
sf all their witnesses, wfaennone of them swear.
C<^onel Birch and odiers, they come and say to
some things, there wcrethesequahfyingwords ;
tf it had been to material things, my km), were
we so senseless, or the court so senseless, to let
** die best of my remembrance^ pass for evidence.
6o that, ny lord, they do not tell you plainly,
they speak nothing at all express. When they
are asked, can yon swear that he added these
words, ' to the nest of my remembrance ?' they
my he did to some dungs, but are not positive
t»wfaat SothatTOi^ lordship sees we have
^sin te8timony,.tbej^ have no j^roof. So yon
SR what sort of evidence this is. Now, ray
loid, for his crime. He hath been a fidr dealer,
wrely in the world, or dse he could never have
gimed such an estate ; butwhen men are en-
gaged in parties, we see what a man wiM do for
asarty, and to help a sickly brother, that was
Ming into the pit, over thehedge. But Isay,
ny lord, it is impossible, that their evidence
dMuhl encounter ours. And. indeed, if we
had had notice, that this vrould nave been given
ai material evidence, truly vre could have given
agreat deal to shew the many Mots in this gen-
flnaan ; but, nay lord, I say this is not material
afwbatreputationa-man nath been, but whe-
dier or no nfe spake these words in this manner ;
«&dwfaedKrtfe^erefid9e; diatdicyare '
isgrinted,an4
bml, that we 1
Solicitor General, The questions that we
were to prove were, whether sir Patience Ward
did give Us evidence at the trial between the
duke of York and PUkington P WheUier or no
he did swear positively, Utat Pilkington did not
come in tiU the discourse ooncemiog the duke
oi* York was over f Whether lA did swear po-
sitivel^, that there was no mention made of cut-
ting of throats .' Sir Patience WaH, wesay,
did take upon him toswearthis before posi'-
tivelv, and not with that restriction that diey
would have passed upon tliem. We called two
witnesses, and they are both very positive in
it; for they swear, that sir Patience Ward did
swear. That all the discourw concerning the
duke of York was over before Mr. Pilkington
came in ; that they swear positively, that he
did it positively ; both of them do swear, that
sir Pbtienee. Ward did take it upon his oath,
and to the manner of it, positively ; though be
did not use the word positively, yet they swear
them without may such restriction, lliese era
die two witnesses. Hatch and Wood. ' Then
there is sir Pra. Butler hath given yoti an
aooeont of his evidence, and they did debate it
among themselves, and give you the reason
why they did not believe sir Patienoe Ward,
Now, first, they encounter us with the evidence
of Mr. Blaney, and his notes must be the mea-
sure of the truth of bb case, and nothinrmoat
be taken fbr true but what he hofh wnt ; he
telb you at the same time he had not writ all.
Mr, Attorney made a full observation upon
that : supeose hi; did say he did not hear any
mendon of cutting of throats, or did say < to the
* beat of his remembrance,' yet surely that dodk
not contradict our witnesses, that take upon
them to swear positively, that he swore it vmh>-
out any such restriction ; and it is reasonable to
bdieve he migfatbe pressed to say something to
the questions that were asked, for if be said he
did hear it, it bad been an immaterial evidence.
I$r Fra. Butier doth take u^ him tossy, that
he did say it without restriction ; and then* con-
sidertng the weight of it to r^ect it as untrue,
doth make good what our witnesses have said
that he did swear it without any restriction.
But after all this, they say he cannot befoudd
gnihy, for this might not be wilful and corrupt
perjury ; - nay, they go so fiir, that they are
setting up a doctrine, that I dare say no man
shaH be guilty of perjury for any words he
shaH swear wilfully and corrupdy. If a maii
is cottsdotts to himself, that the truth is other-
wise, or if he be uncertain whether it be so or
no,yet if hetakeupon him to swear it, that
is wilful perjury in him, fbr he did not know it
to be as hejlid alBrm.' Now, my lord, I shaB
offer but one circumstance more : consider how
diia discourse did rise; it was upon a debate
concerning waiting upon bis royal bighnesb
uponiiis return, they were all present id the
gallery at GuOdball ; and it is reasonable to be
'-resumed, that every one must hear the whole
' And sirFMieDce Ward, l^tht
'54i>] STATE TRIALS, 35 ChAbiks II. i683.— Tr«/ of Sar Patienee Wari, £544
•action he did. m tiiis case, must be presumed to
hear every particular of it. When Mr. Pil-
kington came to these words, He bath burnt
the city, and is come to cut our throats, sir
Patieoce Ward catches him, and stops him im-
mediately upon bis sayiog this, ^}ow he that
^was so near him as to lay hamls upon him,
surely it cannot be presumed but be must hear
what be said, and be checked him for what he
.said, and would fain have fetched him off by an
mveationtbat serves to little purpose ; but did
Verify this, that he had spoken words of the duke
of Yprk, and therefore did administer an excuse
,io bim ; therefore i say it cannot be presumed
but tha^ he must hear it. But however, if be
took upon him to swear a thing positively, that
he w^s not certain of, it will be wilful and cor-
jrupt perjqry in him. But, they say, though
.he should say it positively, it must oe under-
. stood , he did not bear it ; that he ffivears there
was no such discourse as he did hear. At this
rate, my lord, no man will be found ^ihy of
perjury, but there will be all the mischief in the
world introduced ; for a man that swears to
the best of his remembrance, there will be no
danger of that nian*s being indicted of perjurv,
that is Uo evidence. But a man that will tike
.upon hiiiK to swear positively there was no such
discourse, he is an evidence, and a material
etidencp in the case. Suppose, my lord, there
were witnesses concerning the publication of a
man's last will, that there were two witnesses
did sit upon the sick man's bed, one swears he
did hear bim publish it in that form, and that
this was bis last will and testament ; the other
comes and says positively, be said iw.sucb
words ; certainly this is « very material evi-
dence. Shall that man come olf from a con^
viction of perjury in this case, by saying be did
not bear.^ What a dangerous case areafi men's
.inheritances in at that rate ? My lord, I will
not trouble your lordship, only there is one ob-
servation they have made, which 1 cannot let
jpass, that there is no damage in the case. If a
^ man should forge a deed, and the jury detect
this forgery, there is no great damage, shall tbe
man be accused, because he is discovered ?
Shall no perjury be punisb(}dy but what is suc-
cess! ul ?
Sir Geo. Jefferie^. I should not have trou-
bled you in this cause, but that Mr. Solicitor
was called into auotlier court. My lord, I shall
*not offer any thing in this cause, nor repeat any
tbin^r that hath been said. My lord, I shall say
of this cause, what the gentlemen of tbe other
)ude said ; it is a cause of very great conse-
auence, and it is a cause of that consequence,
liat I know it hath a very great impressiim
upon your lordship, and likewise upon thejury ;
and they are not now come to try whether
or no sir Patience Ward did deal very fairly
.betwen man and man in a matter of money,
but whether or no sir Patience Ward did swear
what we have alledged in the* information he
did swear, and what be did swear was true :
and for that matter, my lord, I must needs
agrae with them i nay, I caanol b^Ueratbe
gentlemen of the jury will takeany thing to
e evidence that is said by us that are oounsal
at the bar, but only so tar forth as tliey hav«
evidence proved to them in court > for m caa^
we were to guide juries, I confess Mr. PoUeic*
ieu bath di^termined it, by saying tbe jury'*
verdict must be false, iftheyhnd against sir.
Patience Ward ; which 1 think is a prdttjr
strange inference, and one of the sharpest in*
ferences for such a way of reasoning, that I
confess my poor sense won't veach tL In the
next place, i say, the gentlemen of the jury
ought not to take any consideration in this oi
hjs reputation, notwitdstandinff all his dealinga
before this cause ( for certain^ till such time
as sir Patience Ward came to be called upon
his oath, any man of conscience and justice,
and common charity, bad he been asked the
question, he must have said he did not bielieve^
that sir Patience Ward would wilfully forswear
himself. God foi-bid any man sliould have
such a thought of him, if he were a man of
less qiudity than sir Patience Ward ! But I
must conclude, that afler sir Harry Tulse was
of that opinion, so I must conclude with sir
Harry Tulse, if in our case he J)e to be believed,
at that time he did believe he did forswear him«
self. Pray, good Sir, give me leave, t
wiU not, to the*^ b^ of my remembrance, do
you any thing of injustice. My lord, I do say^
m this case, that though he hath been lordf
mayor of .liOndon, and home tbe office of
sheriff, and though he is now ai alderman,
yet, I do say, persons that have borne tbe:^
great offices, have been guilty of greater crimen^
that is, crimes tliat ha>-e greater punishments,
than this gentleman is now accuseid of; I
mean that of rebellion, and all that maakin4
can be capable of : so that it is not the dignity
of place excuses men from offsnoe. But cer«
tainly upon his evidence, we Patience W^ard
ought to be believed by the jury guilty , of
wilful perjury, rather than three or four alder-
men that swore against him. Gentlemen, the
next thin^ is, the observation of Mr. Williams*
of tbe variance and difference of expression be-
tween these two worthy aldermen, sir Harry
Tulse, and sir William Hooker ; one cornea
and says as though it were positive, tbe other
as though it were a question. If it can be ez«-
pressed, my bird, either one way or the other*
or both, he would be guilty of perjury ; for
your lordship remembenthe reeoni mentioDed
la this record, and all the words that wers
swore by sir Harry Tulse, were part of the ac-
tion that Pilkington was charged with ; all the
words sir William Hooker swore, were likewise
words put in the record ; so that both of them
were material to the issue. Now what oomee
sir Patience Ward to do ? Does sir Patience
Ward come and testify it to nudce a diflefenoe
between these two gentlemen ? You see both
of them sfinree there was a talk of catting cC
throats. ,Says sir Harry Tulse, Is he mm
come to cut our throats ? Says sir Willlun
Hooker, Is he now come to cut the throats of
ournriyes aad dukljreiiF What saya sic Fli^
Sft5]
STATE TRIALS, 3S Charles II. l€8S.— /or Perfurg.
[ja
lieooe Ward as a third raan ? He sa^s there
was iM> such discourse of catting ot throats,
that IB the thing these gentleineD hare a romd
In forget ; one says he is come to bdm the city.
Ig he come to ^ hum the city, savs the other ?
That is not the main question ; these are little
minute differences. It is the prudence of man-
kind to taJie all words in their affirmations,
ntlser than to make contradictions between
them. In this case he finds there wa.^ a ne-
cessity to serve a turb, and he cOmes positively,
and says, all the discourse about the duke of
York was ended before such time as Pilkington
came in ; and there is an end of all, in case he
swears true ; for in this oath he absolutely
contradicts what both these gentlemen swore ;
for this is not such a little^ variance as these
gentlemen would hare yon to beliere. But,
gentlemen, I shall apply myself to the evi-
dence they have offered, which is designed to
overthrow ours. The first is, Mr. Blanay, and
these is a great value put u(>on Mr. Bbuey ;
be sat in a convenient place, just in the middle,
and there he took notes, and believes he did not
titer them. Now I appeal to your lordship,
and the court, I appeal JU> the jurv, whetlier or
Ao their own witnesses did not hear sir Pa-
tienoe Ward say, he had never been in a trial ;
be never took notice of a word of that. And
mother man (Mr. Baker) says, that my lord
chief justice said,*" sir Patience, sir Patience,
bare a care ; you speak according to the best
of your remerribranc^.. Now, ray lord, Mr.
BJasey takes not the least notice of that in his
ffaort notes. The question was asked Mr.
Blaoej, can you tal^, upon your oath, that he
awore aiiy thing posnively, or that be did not ?
Truly, 1 can't tell ; not in my hearing, are his
trotiB. Next comes Beaver ; his wonl was.
Id my hearing. It was Mr. Blaney's short-
hand remarks that Mr. Beaver prefaces all his
^scourse with, to the best of my remembrance.
They have called witnesses that coold not be
positive. I appeal to your lordship, and the
memory of the jury, whether ever any one of
them was able to say, that the words, ' to the
* be^ of my remembrance,' were annexed to
this, or that, or the other sentence. But, my
lord, on the other side, I must say, that there are
here aldermen that have sat upon the bench,
«Dd have bdiaved themselves with loyalty arid
integrity to the kini^ and government ; these
yery aldermen here do positively say, sir James
Smith, air John Peake, sir William Kawsterne ;
it is true he cannot be positive as to the biisi-
iiesB coD€emiDg cutting of throats ; but as to
the first, does not sir James Smith particularly
cay ,'I cannot say whether he did say positively
or whether he did say, upon my oath *, but he
fhd undertake to say^, that either the one or the
olher he was positive in, that he was very ex-
ffeaitbat the duke of York was not named
after Pffldngton came in. And for the saying,
that Blaney took notes at that very time,
therefore Mr. Blaney must be a man of ten
tboanod, aa they call him ; he is wortli ten
liiOiiMHid witDeneBf because h« took short-
hand notes : I would haye you consider what
sir Francis Butler says, that was foreman of
the jury at that time, tliat bid sir Francis Lea
take notice of it at that time ; he did it post**
tively : he says, sir Francis took notice of that*
and says he, we debated it immediately amon^
cursives. And I remember, particwarly, sir
Francis Lee, sir Francis Butler, and ,su: Tho«
mas Field, all three do agree together; this
positive oath tbey swear sir Patience Ward dicl
make. They cUd debate immediately aiier,
among themselves, two witnesses swearing
against hire was the occasion of the debate.
But, my lord, I must come to another thing s
Mr. Aston, a clerk in the court, a man very
well used both to writing and hearing ; Mr.
Aston, as well placed as Mr. Blaney, he givei
this account : I do posititely say. That tlia
duke was not named afler such time as Pil-
kington came there. But his being a frail me-
mory, as they would have it, and no notes t9
refresh him, they put no great value upon it :
But I remember whs^ Mr. Aston said; I have
several times asked the question, and that
makes me contain this thing in my memory.
This does Mr. Aston nositively speak to. So
there, Gentlemen, all these five or six seyersi
witnesses do positively swear to it : the two
first witnesses they are positive. Hatch aad
Wood ; tbey do directly swear to every parti-
cular. Gentlemen, you are not to mind the
flourishes that are- made by the gentlemen at
the bar ; here is a lord mayor of London, hera
is an alderman, can you Celieva him guflty f .
But do you think that these gentlemen of
quality, that have acquitted themsielves soduti*
fully, and so loyally, as they have done, and
so faithfully, that no man can lay a blemish
upon them, will you take it upon your oaths,
that these gentlemen are forsworn r Will yon
take it upon your oaths? That will be a
strange thing ! The laws and ^e exercise of
justice are concerned, and are^o he maintained.
I beg your lordship's pardon, that I have taken
up so much time. My lord, I say, justice is
to be done ; there is no man so big as to be ex-,
empted from punishment : the greater the;
person is, the greater is his crime. One that
will come and tell an untruth in a court of jus^
tice, the greater the person, the more is .the
crime. We have given your lordship, and
the gentlemen of thejmy, an account of the
matter before you, and we shall leave it to you.
L. C. J. Gentlemen of the jury, this ia an
information against sir Patience Ward for per-
jury; and tne information doth set forth,
that there was an action that was brought by
his royal highness ag«iinst Thomas Pilkingtoit^
and it was. for speaking scandalous wor£, of
his highness; saying, he burnt thecity,abd
that he was come to cut their throats, and cut
their wives and chi)dreas throats. These were
the words that were laid in that action. That
action was in this court in Michaelosas term
last. The information that now i$» before you^
isthi$ : sir Ps^ience Ward, he was sworn W
giy« mdence, and that he i|i his evidence, upon
Sir] 9rAt% TRIALS, 55 CltAELttn.l6M.*-Trt«f^5&Pfl^toi«eirarif, [Sid
liisoatb, did poativcif swmt^ upmi mcntimiW
thedifoovne eott«eniiiig hif royal hi^ness,
bj Pilkiogton, and concerning hja bamuig; the
caty, and euttbg of throats, sir Patience did
ny, that there waa not any mention of cuttings
^throats at all, and that before Mr. PiUdng-
ton eame in the discourse of the duke of York
was over. And upon this Mr. Attorney Ge-
tmul bath hssigned a penurr, that this was
iaise ; wlicrenpon the derendant hath pleaded
Not guilty. Tne question is, whether sir Fa*
tienee Ward is spttiity of this perjury or no. In
die first place, I must aver to yon, that if so
be this was false, then this must he what the
law calls a wilful and malieiou^ pegury. For
it was the very point in question then, it was
«B a/(;tion brought against Pilkington ; the
question, whether he said these words or not ?
And sir Patience Ward he did oome, and did
swear, that there was no such thing. Plainly,
that was to acquit the defendant. So that it
was the nriacipal matter that was to he consi-
deffd. Now for aught I do percdve plainly
•— — Pm Y do net go with any mistake, for I
would be loth to do wrong in this ; but as fw
as I do perceive, one side and the other upon
the mattBr do agree^ that if sir Patience Ward
did swear it positively, it is agreed on both
sides that it was foist ; it is agreed ; for aught
I see, there is nothing at all said to the con-
trary. Here pre three substantial men, men of
▼ery good quality, thitt do all say there was a
discourse of his royal highness in Pilkington's
presence, and in the presence of sir Patience
Ward ; they do likewise all of them swear,
that there were sdch words. So that 1 say it
is agreed, for aught that I see, that it is plain,
that it was so in fact, that there was a dis-
course of the duke, and that it was in Pilk-
ington's presence, and that there was likewise
mention Of cutting of throats. Now the matter
that you are to consider ; 1 will teH you, you
are to consider, whethsor or no llus was spoken
by sir Patience Ward positively, or as the
defendants would have it that it was not
spoke in his hearing or as he remembered ;
for they would quahfy it, and say that the
defendant did not say it positivriy but with
those qoaliflGations ; and if with those quali-
fications, then it is phun he cannot be con-
victed of peijury ; because no nan can be
convicted for saying he did not remember.
Tins I must observe to yon, though, by the
way, suppoae now ^ait sir Patience Ward
eomes here, and says that it was not spoken
in his bearing, or in his remembrance, take it
that way, there is this considerable, why sir
Ptttinice Ward did hear it spoken, and so for
iMurd it, that b^ took notice of it, and would
restrain it, and pot an interpretation upon it ?
Would aav man, that had minded his oath,
woidd he nave said, that nothing was said in
bis hearing, when ei^eo he himself was pre-
sent ; nay, and so take away the exoUse of his
net Jiearug, though he were by P He him-
■sif takns notice (^ it, and if I take it right.
talked of burning tbe city ; oh, it is Hubert.
It is ver^ hard mr a man to swear it was not in
his hearing. ■ ^ Pray set me right, if I
mistake.
Mr. Poliesfen, No man denies but theee
words were spoken ; but the going to St.
Jameses, and the duke of York, whether that
were not before he came in f
Sir Geo, Jifferiei, It was one entire sentence,
my lord.
£. C. J. \. do take it. the evidence was, that
Pilkington did say, he had burnt tbe city, knd
he was, or would, come to cut their childrens
throats ; that was in one sentence : For the
burning of the city, sir Patience Ward being
there at that time when Pilkington said the
words. Oh, says he, you mean Hubert; ashed
^e question, Who he meant by it ? he meant
HubWt. ^
Mr. Williatru. He did not hear t'other part.
L.C.J. That I will leave to the jury ; that
is to say, tber^ were upon the matter but two
cUuaes, burning the city, and coming to cut
our thnuits. And now it is, for aught. I per-
ceive, agreed, that sir Patience did hear cme
part of tbe sentence, and did not hear t'other,
but this I will make an observation on by-and-
by . But surely he did not so well, if it were no
more than that for a man to say he did not hear
any ^ch thing, when it isplam he took notice
of it at the same time. For that, gentlemen,
that they say here is no man that hath any
harm ; if a man does commit vrilftd perpnv,
though no man is injured by it, hath not ne
committed a crime ? And though he had not
S'ured any man by lus perjury, it might have
len out, that he might have done it; and if
m be it hath not success, it is tbe same crime :
For it is very plain, if so be the jury had given
a greater credit to sir Ptttience Ward , than they
<Hd to the other two gentlemen, then it is very
^am it bad gone anotiker way, and that bad
been an injufy. And therefore, gentlemen,
that is nothing at ell. But thiit you must lay
aside, aod you must ceine to this matter, that
is the prinapal point. The question is, Whe-
ther or no sir Patience Ward did cnve bis en-
dence with qualification, as he did believe, or
as he had heard, or beKeved, or whatso^er it
wi^, or whether he did give the evidence posi-
tively. At the trial there was two, 1 tbmk
three, but two that were at first examined, that
did prove the words spoken by him against the
duke of York, and sttoto they did reprove him
for it. Sir Patience Ward was produced by
the defendant, for to defend the issue on h^
side, and to prove him to be net guilty in that
action, that he had not said the words. E^ow it
is plain, if so be sir Patience Ward siud only, I
don't believe such a thing, I don^t remember it,
or an;^ such thing, that certainly bad not been
an evidence that had been worth the considera-
tion of the jury ; for that was no more evidence
than any man that tiiey might take up ; the
next man in the court nnght have said, be dkl
not belief it, or the like. Now for the kingv
iathiseMe^thereareseferadilttank Aeie nrt
3493
STATO TRIALS, 85 Charus II. l6SS.^ar P^qmry.
[354
iifbt or lUBC ; and they all of them do ny^
tott tbey Temember it very well; nay, and
tone of the witnesues do say, tbey took special
Botice of it then, fof they were 6om^in|^
aUoDKhed to hear aaoh evidence. It is true,
all of them don't come to hoth parts, but either
to one poit, or to both ; tbey all a^^ree in this,
thit it was positive endence, and not as he
believed, or heard. There was a question
aboqlMr. Asftes, and hewasadLod himself;
he says it was positive ; if ho did qiialifv it, it
was so low, he could not bear it ; and tnat he
■iffht do as he pleased. I think there is none
of uiese gentiemen, that any thuig at all is la
be alledg^ against. That eight or nine gen-
tleoieo, and some of them of very good quidity,
and all of them of Tiry good credit, that they
dioukl join together to pc^ure themselves, for
a FSfreage upon jiir Patience Ward, is strange.
Far aught appeals, there is «ot any man ap-
■aws, bat is aorry for him, and aome of thenn
Wa a kiodneas and respect for him. That is
the erideoce the former give ; I isan't go to
every one of the evidences, to open what they
say ; that will make it very long ; and I think
there is no occasion for it. You have heard it
well, and 1 believe remember it better poa-
fiibly, than I do. On the other side, for the
dsfeadanta : They do t)rhig you, in the first
nboe, Mr. Blaney ; and he doea aay, Tliat he
bath taken notes, and in his notes it was by
aoalificationa that sir Patienoe Ward did apeak,
mat it was acoocdiag to the |iest of his Imow-
ledga, and that he was here, and aat here in a
place where bo coald ver^r well hear all that
waa aaid, and that he took it from air Patienoa
Ward's mouth. This is soid against him, that
it ia plain be did not take every thing ; and
whether or no this waa taken truly, or not, is
still a question for you to consider on- They^
when they did call him, did aay he waa as
good aa ten thouaand. They woald have this
If r. WiUiam$, Th^ were vpon their ne-
mories stiU.
Just. Withim. Sir Francis Butler, sir HeuT
Lee, was not, nor sir Thomas Field; an)
Hatch and Wood was not.
L. C. J. But did take it v^Kn them poai-
tively. For your witnesses, there was Beaver,
and Crisp, and Wright; these three, they did
aay, that sir Patience Ward did say, as he be*
Ueved, or according to the best of his memory ;
but they woidd not take it upon Uieir^memonea
precisely, but according to the best of their
memories. And now for cobnel Birch, and
Northey. and Nelaon, and Baker, and Perry ;
they said, that he said, accordme to the best of
his memory, but they could not bear very well
what waa said ; so that they could not say any
one sentence that was said, and that ia, I thinks
the moat of the evidence, all your evidence, aa
to words. You have brought some persons to
testily for credit; truly, I think, that of aU
the aldermen, one that hath paaaed the chair^
ahould not have brought under an alderman, at
least, to have justified him. But 'tis plain
there are others come and say. he waa a fair
dealer, and they have known nim for a great
many years. Nay, Imustconfess, here was one
of his brethren, sir Harry Tub^, and truly he
looked upon hijq ^§ a fair dealer, and did not
look upon him as stained with any enormoua
vice whatsoever. When he was asked by the
king's cottosel, whether he did beheve he had
swom true in thia particular, he could not say
so there. But, gentlemen, for all this, I do not
see any thing whatsoever hath beeti said, that
doth suck upon his reputation, only this very
thicg that he must be tried upon. And. gen-
tlen^, upon the eridence you have B^ard,
you are to consider the merita of the cause, and
not the person, one way or other, any others
wiae thm doth i^elate to at. If yon believe the
ifitnesses that hare swom for the king, that ha
witncsa to he of more value tiuun nine thousand i <hd swear this positively, then it is agreed, that
that did awear upon their fldemories, and tbey { it was fals^ ; if he did swear it positively, then
had some reason lo pay so too, for to observe
there ia never a man that does oon^e positively ;
but he doea say, as betakes it, sod be was sure
k was right, although in some other \iaha it is
pbuB he did misa. Bat he does say, it was
Ime. But then for the next witnesses, Mr.
Beaver and Mr. Crisp, they do come and say,
bow that th^ defendBint did interlard his dis-
aaarsa. as he believed, and as he beard. But
vhsQ h« csama to be ninched ujfion that point.
Bo yon awear this thing positively, or ac-
oordug to tlka beat of your memory, then every
one ok' them« (jfnv oonneet me, jf I he mis-
Udm) every one of these witnease^ did say, it
was according to the best of his memory.
And, yBthMw, the nine witaeasea on the
other aide, erery one of then did talus il upon
Cowml* Ko^ na.
L C. J, Look you, look you, gentlomaD^
one spake to one part of the words, another to
aoathar; hot these witi^eaaes did annair pwi
tirallir to vh^ Ibey did cwaar.
you must find the defendant guilty. If so be
you believe the evidence that liatb been given
on the defendant's part, against the fcing*s evi-
dence, if you do believe that, andnot the king's
evidence, then you must aoqiat die defoodant.
It is a great crime, that is the truth of it.
The Jury withdrew, and iAcv soiAa time aa*
turned, and brought the Dafondaot m Oaili^ | ^
bat before the day for Sentence, he thought ift
best to go out o^ the way, haviuff had inteUa^
genee t£ey iatended toaet him inrne pillory.
•
A Asr the BevahitMNi, aur Patienca Ward
one of the membera fotthtt city of toKhiiL
" May 19th ;L^. Sir Patience Ward aMer^
naan of London, aad lately lotd niayor, was
tried by a jmy of Middleaex, upon an uifonBa»-
tiott agaioathim for peQoiy, for that he at the
trial between the duke ot York and Mr. P|il-
kJAgton in a £hcandalom Magaatem, did wil-
fully aad loahciooally foifHraar JbifDaaiC Tto
i$5l ] STATE Tk!ALS» 34 Charles IL 1 6%ii.^Trial d/ Benjamin Leech, [552
^firoof against kirn was by six <yr seven persons,
^three or four of which were alderaien of Lon-
oon) and two or three of the jury in the former
trial, who should testify that sir Patience did
at that trial swear Positively, that the discourse
concerning the duke of York was over before
Mr. Pilkington came in, and that there was no
mention made of cuttikig of throats while he
was there. This was proved pretty plainly, that
he sliould give this evidence at the trial ; the
defendant's proof was first by Mr. Blandy, a
barister, who testified he was at that trial and
took notes in short hand (which he writes very
liexteronsly) and that sir Patience did swear,
that there was nothing mentioned of the duke
%nt of 8t. James'sin ray hearing, aikl that there
was no mention made of cutting of throats to the
best of his remembrance j there were two or
three other witnesses diat testified much the
same thing ; there were also four or five per-
sons of go^ credit and quality who were at the
former trial,and testified the great caution sir Pa-
tience used in the whole oaurse of his evidence ;
then there lyere six or seven eminent cftixeiis
and great tones who testified as to sir Pa-
tience's credit and reputation, that they had
known him many years and beinff concerned
with him in great dealings, that 3iey, always
found him a very jo^ and honest man, and that
they did believe he would not wilfully forswear
himself; the trial lasted about five hours, so
the jury retired from the bar and gave a private
verdict and found the defendant guilty, which
they afiirmed the 21st in open coort; and
then alderman John Foster produced a letter
was privately sent to him, since they gave
their private verdic^ directiiie bow they might
find their verdict in behalf of sir Patience."
Narcissus Luttrell's Brief Historical Relation^
MS. in the library of All ^uls College, Ox-
fore. By a subsequent entry in LuttreU's MS.^
under date June 30th' 1683, it appears that
Robert Blandy, esq. a gentleman or the Tem-
ple, was taken on account of the plot. 8ee
Introduction to the Trials for the Ilye House
Pk>t in this Collection.
253.
Proceedings against Mr. Benjamin Leech, Bricklayer, at the
Old Bailey, tor a Contempt,* in offering a frivolous Plea to
the Court: 34 Charles IL a. v. 1682.
ThB Poll of election for mayor for the year
ensuing bein^ continued hya^oumments irom
Michael mas-day to the 2d of October, one Ben-
jamin Leech, bricklayer, hewg a freeman and
fiTeryman of London, came to Guildhall to poll,
, ■■ I ■ 1*11 ■ I ■ ■ I .1 ■■ ■'■iii ■ I ■
* For a curious instance of commitment for
Contempt, see a Note to the Case of Pilking-
ton and others, at p. 187, of this Tolume : and
for more concerning the punishments for Con-
tempts, see the Case of^ Richard Thompson,
vol. 8, p. 1, and the Notes to that Case.
<* October, 1682. One Leach, a bricklayer,
having spoke words at the last election of a
lord mayor, that the two sheriflis were toob
set up by the lord naayor ; a bill of indictment
was preferred against nim to the grand Jury at
the Old Bailey, and they returned it Bilhi
Vera ; but the sidd Leach gave in a special
Slea, having councQ to argue the same ; but
Ir. Justice Levins and Mr. Recorder, who
were then on the bench, would not meddle
with thfe same, without the advice of the other
judges'; but the lord mayor and the aklermen
overruled the said plea, and fined him twenty
marks, as < nihil didt.' '' Narcissus Luttrell^
** Brief Historical Relation of State Affairs.*'
MS. in the library of AU Soul»' college, Ox-
ford.
From the same MS. is extracted also the
following brief account of another prosecution
ibr Words, which happened about the same
time:
• «
• " Oct. 31, 1682. Mr. Edward Whitakei:
(far the true 'Prvtestaat Attorney, at some cafl
9
wherein in discourse he was charged to hart
said to this effect, " That sh- William PrichartI
should never be lord-mayor, unless he came in
by stealth, as North and Rich were shcrifis ;"
for which he was, without any constable
him) was tried at the King's-bench bar by a
substantial juij of the county of Somerset for
speakine' seditious and scandalous words at t^e
ctty of Bath in the said county, about the lat-
ter end of July, 1630. The words were to this
efiect, < That there was talk of a war and re-
bellion in the late times, but he knew of none :
it is true there was«a war by the parliament
and people in defence of their just liberties^
and that the late king was put to death by a,
judicial process and not murdered ; and that
the people had right to a parliament every
year, and they ouffbt to sit whether called
or not.' This was fully proved by three wit-
nesses, viz. one George Clark, esq. a justice
of }>eace of that county, sir James Long, and
an alderman of the city of Bath, who neard
this discourse in a nubnccoflTee-honse in that
city : but the saia Whitaker not appearing*,
nor any for him, the inquest was taken by de-
fault ; so that the Jury, without stirring from
the bar, found him guilty."
** Mr. Whitaker, who was lately oonyicted
of Seditious Words, his wife petitioned the
Judges that her husband might have anew
trial, he having not due notice thereof; but
the judges rejected the same. "
Kennett (Compl. Hist. vol. 3, p. 450, 9d ed.)
says, under date 1666, '' Mr. £dw. Whitckcr
S5S] STATE TSIAIA 34 Chasles II; iGSi^er ttCani^fi of Courh [554 '
audita .di« erMrum lif;eoruni et subditonun Had
Domini Kesris, civium civitatiii predicts, pub<-
licavit, Quod Pricbard (prefatum Williclmun v
Pricbard Militem, uinueado) nbn ibret Oonii'-
nus Maior, (Dominus rilaior civitatia pi-edictse
iimueado)DisiforetDomiDus Maior ilVicifje, et /
per furtum, Anglice by Steait/i, prout viceco«
mites (pretatum Dudley Noitb et Petrum Rich
vic<:comites civitatis predictiC et comitatus (pre-
dict!, innuendo^ tiierunt yicecoiuites avitati« et
comitatus predictic: Ad maij^nam disturbatiitneia
pacts die ti Domiai llc^s, ad magBum uppro*
brium gubematorum et ^bernatioiii civitatis
predictte ; necnon ad scaridalum, opprobrium^
de^inationem preiati Williefnii I'richard Mili-
tis et preiati Dudley Nortb et Petri Ilicli
debito modo eiecti vicecomttum civitatis et
comitatus predicttt, in malum excmplum
omnium aiiorum consimili casu deboqueU'r
tium, ac contra pacem dicti Domini Kegitf
nunc, coronam et dignitatem suam, Scc»
London, sf.
The Jurors for our lord the kinc*, upon their
oaths do present, That Benjamin Leech, late of
London, bricklayer, being a pen»on of an evil
and perverse disposition, the second day of
October, iu the thirty -fourth year of the reig^
of our lord Charles the Second, by the grace of
God of England, Hcotland, France, and Ireland,
king, defender of the faith, &c. devising, and
falsely and maliciously intending the peace »
our said lord the king, within the city of Lon-
don, to disquiet and distuiH^, and divers dif-
ferences and dissentions amongst the citizens of
the city aforesaid, and other tne liege people
and subjects of our said losd the king, within
this kingdom of England, of and concerning
the election of a mayor and sheriffs of the tity
aforesaid, and county of Middlesex, to stir up,
move and procure ; and one sir W illiam Pricb-
ard, knight, then, and yet one cf the aiUenueA
of the city aforesaid, then in election of mayor
of the city aforesaid, being fori one year tden
and yet to come ; and also oife Dudley
North, esq. and one Peter Rich, esq. which
Dudley North and Peter Kich, lately before
that time, in a due and lawful manner, accord-
ing to the ancient pri\41eges and customs oi'that
city aforcsud, were elected and sworn sIteriUk
of thecity of Ijondon, and county of.Middle-
sex ; and the election of the aforesaid shcritfs
by the citizens of the city aforesaid made, into
the greatest bati*ed, contempt, and scandal, to
brinff, the aforesaid Benjamin I^ieech after-
wards, that is to say, the said second day
of October, in the year above -said, at Lon-
don, vi^. in the parisli of St. Michael Bassishaw
in the ward of Bas^ishaw, London, aforesaid, in
the Guildhall of the city luyj. .<aid, there hi$
aforesaid contrivance;; and ir/.eT.tions the better
to perform, having discourse wiih one Thomaa
Smyth, in Guildhall aforcHaid, then and there
falsely, unlawfully, unjustly, and maliciously
did say, relate and in the hearin«f of divers th«
liege people and subjects of onr said lord the
kin*^, citizens of the city aforesaid, publish,
2A
'€r otber kgd «fiioer, caitM bdbre air John
Moor, lord-mayor, before whom be owned the
irards, or words to that effect, whereupon he
was, by the lord mayor, oommitt^ immedi-
ately to the Compter, from whence he was
bailed iieict day, ^ving his recognizance,
with sureties, to appear at the next sessions
at Gnibt-hall ; whieh sessions of the peace
beinff adjourned to the ISth of October to the
Old-Bailey, there was a Bill of Indictment pre-
lerred and found acrainst the said Mr. Leech,
the tenor of which foUoweth, viz.
London, M.
Joratores pro Domino Rege, super sacra-
nentum suum prfsentant, quod Benjdminus
Leech nuper de London, Bricklayer, existens
persona Tualfle et perversa dispositionis, secundo
die Octobris, Anno Regni Domini nostri Caroli
secnndi, Dei g^ratia Angliee, Scotite, Francifb,
et Hibemta ]&gis, fidei Defensoris, &c. trice-
aimo quarto ; machinans, et false et malitiose
iatendens pacem dicti Domini Regis infra civi-
tatem London, inquietareet perturbare^ ac di-
Tersas ditTerentias et dissentiones inter cives ci -
yitatis Indicts, et alios ligeos et subditos dicti
IKmnm Regis infra hoc Regnum Anglite, de et
eonoernens electione Maioris civitatis predictee,
et vice CDtnitum civitatis predictte et comitatus
Mkidlesex, snscitare, roovere, et procurare ; et
quendam Willielmum Pricbard Militem, adtunc
ct adbuc unnm Aldermannorum civitatis pre-
dicts, et adtunc in electione pro Maiore civitatis
predictie, existens pro uno anno adtunc et adhuc
yesturo ; necnon quosdam Dudley North Ar-
n^penim, et Petrum Rich Armigefum, qui qui-
dem Dudley North et Petrus Rich nuper pro
' antea debito l^ttimo modo, secundum antiquas
pritilegias et consuetudines civitatis predictse,
eiecti et jorati iuerunt ricecomites civitatis Lon-
don, et comitatus Middlesex ; et clectionem prce-
fid. vieecomitum per cires civitatis preuicta
fiketam in maximum odium, conteraptum, et
scaadalum inferre, ipse predictus benjamin us
Leedk postiea, scilicet dicto secundo die Octo-
bris anno supradicto, apud liondon, ridelicet,
ia parochia Sancti Michaelis Bassishaw, in
Ward^ de Bassishaw, Londoiy, predict, in Guild-
bail civitatis predictie, ibidem ad predict macbi-
nati^^nes et iotentiones suas melius perficiend.
habeas colloquium cum quodam Thoma Smyth
is Guildhall predicta, adtunc et ibidem falso,
iflicitp, injuste et malitiose dixit, retulit, et in ^
bad been convicted in Easter Term, 'l682, for
'justifying the rebellion of Forty -one, and the
' murder of king Charles I. and flying for the
' same had absconded ever since.' Mr. Attor-
oey-General, in Michaelmas Term, moved for
judgBient against him ; and the court mQudged
iBBi ' to pay a fine of 1,000 marks, and re-
' niab in prison (when^ taken) till the same be
i paid.' "
I conjecture that these two accounts, not-
withstanding the slight disagreement between
Ibem 88 to time, relate to the same conviction.
TOL. IX.
J55] STATE TRIALS, 54 CnJOkLU IL l€M.^Tr(albf Bodmin Leeek. [8ftfr
TbatFricbard (the aforesaid sir Wtlliain Prieh-
, aiti, kni^, meaoing) should not be lord*niayor,
(lord mayor of tiie city aforesaid^ iDcaning)
Hnless he wouid be lord -mi^vor unlawfully, and
by slealtb, as the sbmffs (the aforesaid Dudley
North and Peter Rich, sheriffe oftherity and
county aforesaid, raoauinfij) were sheriflfe of the
city ami county aforesaid : to the prreat distur-
bance ofthe peace of our said lord the king, to
^e great dis|)aragement of the governors and
governmentof the city atbresaid, and also the
scandal, disparagement and defamation of the
aforesaid sir William Prigbard, and the afbre-
iaid Dudley North, and I^ter Rich, in due
ibanner elected sheriffs of the city and county
•Ibresaid, to the evil example of all others in the
like case ofTending, and against the peace of our
said lord the Jcing that now is, his crown and
dignity, Sec. ^'
Whereunto the Defendant offered the Plea
fbllowiug.
Leech ad s^ >
Domuii R^u,\
£t prcedictus BenjamiDiis Leech, in propria
persona sua venit et defendit vim et injunam
quandov &c. et omtiiitm contemj>tam et qutc-
auid, &c. et petit judicium de indictamento pre-
ido, quia dicit ^od juratores pro Domino
Rege predicto, qui mdictamentum ulud fecerunt
et presentavenint adinde retomati etimpannel-.
lati fiierunt per quosdam Dudley Nortii Armi-
gerum, et Petrum Rich Aimigeriini, tanquam
vicecomites civitatis London, qui qnidem Dud-
ley et P^trus tempore panneUi et relomalns
ilhns ner eos sic sancti, non f uerunt nee eonim
alter fuet vicecomites dictee civitatis London,
per qiiod idem hidictamentum sic fkctura et pre-
aentatum per hujusmodi juratiires sic ut pre-
ibrtur impannellatos et retomatos per peraonas •
tunc non existentes vicecomites civitatis pre-
dictae, vigore statnti in hujusmodi caisu editi et
provisi, vacuum in lege existit et nullius ef-
iectus, et hoc paratus est verifioare ; unde
petit judicium de indictamento illo, et quod
mdictamentom illud cessetur, (Sec.
W. THOMPSONi
Leech at the Suit of")
our Lord the King \
And the aforesaid Benjanoin Leech, in his
proper person, doth come and dei'ecid the force
und injury ,whcn, &c. and all contempt and what-
soever, &c. and prays judgment of the indict-
ment aforesaid, because he saith the jurors for
our lord the kingaforesaid, who that indictment
made and pre8cnted,\vere thereunto returned and
impannelled by one Dudley North, esq. and one
Peter Rich, esq. as shcrifi's of the city of Lon-
don, which Dudley anil Peter at that time of
tlie panne!, and therrtnni thereof by them .so
made, were not, ijor either of them was sheriffs
of the said city of London, by which the said
ipdiciiiient so made and presented by such
jurors so as afores^aid impannelled, and returned
ny persons then not being slieritfs of the city
^oresajkl, by force of the statute in the like
9
ease made aii4 orovtded, ts void ib IaMt ndeC
none eflbet^ and this be is reaOy tb veriff ;
whereupon he prays judgment af thst indiet^
ment, and that that indictment might be qul^^
ed,&c. W.TMeMPsoN.
Which said Plea being ingrossed in parch*
ment, and signed by Willmm Thompson, of
theMiddle-Teniple, counsellor at law, wasoA
Saturday morning delivered into court bv the de«
fendant, who pressed that the plea might be re*
ceived, and he and his bail dismissed from for*
ther attendance for that time: whereunto it
was answered, that the court would eensider
thereof till the aflemoon. In the afternoon^
the defendant attended with Mr. Thompson nip
counsel ; and Mr. Osbom of the Inner-Tempi*
counsellor at law, attended for the king : th«
court being sat, the plea was read, and then Mr,
Osbom moved, that the plea ought not to be re-
ceived, for that it was st new plea without a preoe*
dent, and that it could not be tried or detennioed
there ; that it was a frivolous plea, and ought
not to be received, and so lefl it to the judgment
of the bench. Upon which Mr, Thompson al-
loived, that such a plea hail rarely been mads
use of, because the like case had rarely or never
happened, but the reason thereof did justify
its legtUity, and therefore pressed that tlis
plea might be accepted ; that it never was hi-
therto denied to any man to plead to an indictt
ment of this nature, what be thought fit in hU.
own defence, especially when he offers th^
same under coniE^sel's hand ; that this was a raad^
way to determine who were legally sherifisj if
the plea was not good in law, the attorney -^-
neral or the king's counsel might demur to it ;
that if the matter alledged in the plea was fals*
issue might be taken thereon, which might be
tried by a jury ;..but if the matter bhouTd ap*
pear to be true, Uiere was not so much as any
colour in law for those worthy gentlemen, Mr.
North and ]VIr. Rich, to take upon them to
return juries; and therefore, in tne behalf of
his client, demanded again that the plea mi^^
be received ■, the truth or validity thereofbeu^
not to be determined, till some answer shouU
be made thereunto by replication or demmring
in writing.
In answer thereunto, Mr. Justice Levins
(being the only judge then present) was pleased
to express himself to tliis etrect : That he de-
Kircd to see the statute mentioned in the plea ;
«berpimon it was read, viz. the 11 H. 4. c. 9.
Then Mr. Justice Levinz spake to this effect :
That this statute ^vas nmde to prevent the no-
mination of juries to the sheriffs ; and thougb
it be thereby provided that panceh should oe
returned by the sheriffs i^ itbout denomination
of any, yet be was of opinion that it could not
extend to the case in hand, .seeing the wortlijf
persons that attended 4here, were owned a|
sheriffs by lord mayor, Mr. Recorder, and se-
veral aldermen there present, and thai he made
no difference betwctm sheriffs de facta and de
jure; and that ihcse persons being there so
allowed, he must look upon thexu as sheri&i/c
MT)
flTATB TRIALS, «5 CiiABLttIL iBU^^Sge-'gam Pbt
l$SS
jme: Tint a pH>1-deliferj had been hdd,
vfcoeiB abore 40 piimmers had been tried;
and that if this plea shcfidd be aikwed, all the
proeeediogs agaaist them wonld come in yes*
tioB : and thai asked Mr. Thompson, What
if sU the fdons at an assizes riionla insist upon
Ihe lifce plea, must aH finiher proceeding
iisp, tin the shefifT goes home and fetch his
HULis patents r
Whoeapon. Mr. Thompson sud. That he
Aooght in that case such stop could not be
presented, the law being plain.
llieD Mr. Jnstioe Levinz^ said fbrther to this
ilfecty That he had considered of this matter ;
and that in his judgment the p!ea was a fHvo-
lous plea, and ought not to be received ; but
yet he being the onij judge then present, he
sfaoold adrise my lordrmayor and the rest of
the beach to take advice of all the judees, be-
hte an absolute, determination whether the
plea ought to be refused or not.
Upon this sir John Petdc said, We will not
reoBive the plea \ with whom agreed sfa* James
Bdwaids, sir Jamas fiauth, sir Thomas Beck-
IbH, and sir Robert JefferieSf and tbelord-
Sor alas.
fGeovgaTreby, the Reoorder^ said, That
he was of opinion with Mr. Justice hervinm,
Upoft this Leech was pesaed. to plead Not
Guitty: which he lefused,' sajinr sevarsl
times, He woi^d plead no other plea than
what be had offered. Then the court gava
him hsif an hour's tine to advise with hia
counsel; who withdrew and advised abootd-
ingly, ad relunied with the sswe lessioliott
not to alter his plea, and teadeEed hia plea
again to the court, who agaia.reiaeled it: and
because 1^ would plead no other plea, hr (hrkm^
Am adsed, whether he would submit to th«
court and ask panlon ; and reinsi^g so to da^
having as he apprehended done no wsei^) waa
fined SO marks, and committed to Newgsitetill
he should pay the same ; which was dona Aat
night, and Leach thereby discbaiged.
294. Introduction to the Trials for the Rye-House
Plot : containing the 'Original Informations re-
specting that Conspiracy, as they were published by
James the Second. 35 Charles II. a. d. 1683.
King
Of tiie Rte-House Plot, there are two con-
temporaneous Histories : the one intitled, '* A
** true Account and Declaration <^ the Horrid
** Conspiracy against the late King, his^resent
^ Majesty, and the Govemmeot : As it was or-
*^ dered to be punished by his late Majesty." *
This impears to hare been by the direction of
km^ Clmrles the Second and the duke of York,
origmaD J composed by Sprat, (who was shoirtly
afterwanhi made bishop of Rochester) and to
have been published by order of king James
the Second in 1685, and about the time of
Momnodth*s Inrssion. To this publication
were prefixed a Royal DedaratioD and Im-
frimatur as fsflows :
^ J AXES R.
** James the Second, by the grace of God
w%]w of £n|^d, Scotland, Franca, and Ire-
^ Imd, defender of the faith, Sec. To all to
" whom these presents shall come^ greeting.
* ddmlxon, after calling tliis History a ro-
tasBce^ prdlkedM to say that « South's eon-
fdcnce oocdd not eo Spraf s lengtfis ; for when
king Cliaiias II. £sired him ta write Ihe fkUe
of the Ry^e- House Ptot, which his majesty
oled a history, South, aAer he hadread ul
die papers ^ King had to shew him, refused
the work, saying, ' those papers were all co-
pies, and no legal proof, and unless his ma-
jesty had better eridence he would not meddle
ra it,' as Dr. Prideaux, hite deata of Norwich,
tnltt agentteman (Mr. P.) df that dty, from
Whom 1 had it.**
<« Whereas our dearest bfolher the late Ung of
*• ever blessed memory, gwire speoial cnder in
^ his life-time for drawing up the feUowing
*< account and declaration of the Horrid Con-'
'^ spiracy against his sacred person and ours jf
*< and had provided, that the substaiMje of It
" should be impartiiAi^ collected out of oriffiaal
<* papers, and uiiqoestionable records, and waa
^ himself pleased to direct in what m^ltbod it
^' should be digested, taking particular care,
*< that the troth of the whole aarvalioB should
«< have such clearness and strength, as it might
<< deserve to be mwmtd by himself. Accm-
** ingly it was composed and ready fer the
press, when it-pieased Almi^h^ God to take
that excellent prince to his mercy. And
«« whereas it is but too evident, that tne sSmO
** hdlish Plot is not entirely extinguished, but
«« that diveni of die wieked actors in it are still
<* carrying on new contrivances affamst die
** happj peace of our dominions ; We cannot
** hut judge it seasonable in this juncture of
<< time to have our sdbjects reminded of the
« rise, progress, and mischievous deigns of
<< that desperate confederacy. To this end,
'* having inst read aad eaamined this acoount
** and declaration, that we might be the better
** able to give our royal testimonv, as we do
« by these presents, to the faittafulnefis and
•* certainljT of the whole relation, we have
""baused it to be now printed and pubhsbed.
" Given at our court at Whitehall, tiie 31st
" da^ of May, 1685, in the first year of our
" reign. By his Majesty's command.
959] STATE TRIALS, 85 CSAELBS IL l€a3>-A<ro4»e«A«<#<»«Trui& l360
/
« James Ji.
. " Our will and pleasure is» and we do here-
f» by appoint Tliomas .Newcomb, one of our
" printers, to print this account and declara-
*Mipn ; and that no otiier person presume to
** print tiie name, as they will answer the con-
»' trarv. Oivpn at our court at Whitehall, the
f» adrd flay of May, lti85i in the 1st year of
** oup rei^n. By his-inajesty's command.
** SuNDERLAtrp."
. The other contemporaneous History is. the
** Confession of Ford Lord Grey." This " Coh-
fessioo," 1 apprehend, was. not printed ti'l the
time of Dr. Johnson's " Mseceuas of Litera-
ture,!' Andrew Millar. My copy of it bears
^is title:
«* The .Secret History 'of the Hyc-House
«»Ptot: and of Monmouth's Rebellion. Written
•« by Ford Lord Grey, in 1685. Now first
»« published from a MS. sifirned by himself, be-
«♦ fore the earl of Sunderland: The second
' edition- London : Printed for Andrew Mil-
<* lar, in the Strand, 1754."
After which Title follows this Advertisement:
" The curious and interesting Narrative,*
*< contained in the following^ sheets, has hitherto
t' escaped llie Dot ice of all our writers. The
*' pubhc, therefore, will think itself obliged to
** those, who have, now lor the firet time,
<' brobght so valuable a memoir to hght ; as
^' it explains, at full length, all the most secret
V particulars of what is commonly called the
♦' Rye- House Plot ; and of the preparatory
<< steps abroad to Monmoutli's Rebellion, whicii
^* happened a lew years after.
^< This account of botli those most remark -
^' able transactions was wriften by the famous
f' Ford lord Grey, who had been, a principal
*< actor in both, and while he was still a pri-
(( goner in ttie Tu>ier for the part he acted in
** the latter. It is printed, vitbout the least
f^ variation^ from a manuscript which is a taith-
^* ful transcript of the original^ signed by him
" before tlie earPof Sunderland, prime mmister
*' to kins; James the Second*, and his Letter to
** that prince^ which accompanied the Nar-
** rative, is liere prefixed. It would be imper-
f ' tinent to say. any thing in recoramendation f^i
<* this anecdote ; which every intelligent reader
** will be eager to see, both on account of the
>* subject, in itself extremely. ^fleeting} and
'' of the writer, who was twice in dan^fer of
*^ losing bis bead for the share he had m the
f< conspiracies he describes."
The Letter is then given thus :
LORD GREY'S LETTER to James II.
** May it please your majesty ;
•* Having received your majesty's command
^' by my lord Luniley, that I !$hould Jn writing
• Of this Narrative, Mr. Fox, in strong but
|iot exaggerated language, says, *' tliat to call
it an anrhentlc account is an outrage to com-
IDOQMen^,^
__^ ^ designed
<^ rebellion "in your maje^y's brother's tijne,
<' the lat^ king ; and with the correspondeuoe
" the late duke lof Monmouth held in England,
" in order to his rebellion against your majesty
*< in which I was unfortunately engaged, (aiwl
'< in my heart do sincerely repent of) 1 haFe,
'< in obedience to your majesty, given you the
" fullest account I can : and call God to wit«
<( De8S'(in whose hands I am) that I have not
<' wilfully concealed any thing fi-om you, that
" 1 think of the least importance lor your ma-
** jesty to know ; and this I have done to make
<* the best reparation I can both to God and
" your majesty, for my sin against hun in jny
'« rebellion against you. Had the fear of deatU
** been an inducetueut to me, 1 should hare
<' followed the example of those who have
** made discoveries ; but 1 did not,tlHnk it he-
** came me to treat with your majesty, nor to
",ask that of you which 1 could have no pre*
" tensions to. if the sheddmg mv blood can
" be for your majesty's interest, 1 shall be very
" willing to part with it ; and only desire JL
** may have the satisfaction to know that it will
" be an atonement for the crimes 1 have coia-
** mitted against you: but if your m.jesty,
'* out of your great demenoy, shall tniuk nt
" to save me, I hope you will* beheve tliat (be-
'* sides the ties of honour, justice, aud gpnali-
** tu<le) my own iocUnatiou will ever oblige me
" to sacribce the life you give to" your service,
** when you please to command it.' I lie. Sir,
'* at your majesty's feet, where thoi^b I can •
** not expect, yet it is a pleasure to beg foi:
" mercy : the consideration of myself desirojra
*' all hopes of that kind, but the observation qf
'* your majesty's uoiversal goodness affords
** me many. I pray God bless your majesty
** with a lung, and happy reign over your peo-
'< pie; and may all those perish that ever lifl
" up a thought against your majesty's life, or
" lor the disturbing of toe peace of your go-
*^ verhmcut. Your majesty's most untortu*
** nate subject,
Ford Grey."
Of this " Confession,'* Hume (vol. 3. p. 182,
Note (r) ed. of 1807), says, that it ^* is the most
fiill aud authentic account of all these trans-
actions : but is in the main confirmed by bishop
Sprat, and even Burnet ; as well as by this
trials and dying confessions of the conspi-
rators." It is observable that. these. expres-
sions, to say nothing of their vagueness or ex-
aggeration, throw some suspicion upon the
feniiiueness of at least Sprat's perfbripance.
[ume also imputes to Grey cowardice, both at
Ai^inster, as it seems (I conjecture he had in
his mind the affair at Budport, where, it seems
agreed on all hands that his cowardice was
most notorious), and afterwards at Sedj^emoor.*
And upon the whole, a consideration of the cha-
* It appears by Narcissus (^uttrell's " Brief
Historical Relation of State Affau-s," MS. in
All Souls' library, that on May 31, 1682, loid
Grey fought a duel vith the diike of Albeifiarl^
S6l] STATE TRIALS* d5 CifARLES IL l685.-/c/r tie Rye^Houu PM. [5fi2
nctenof Grey and Sprat, and of the circam-
fiBBoea attwwfmg tbeir Historiea^ prevent me
horn |»laoiDg any reiianoe on the testimony of
eHher.
FVrst aa to Grey : Throughout the rc^rlof
the Prooeedinga against him for debaufshiug
his wife^a sister (aee p. 1^, of this volume) he
i^ipears to he a most unprincipled miscreant :
we find hina ginlty of the most odious abuse of
eonfideoce, the meanest duphcity, the basest
ftlsehood; and the most ungenerous, most un-
grateful, and most unfedmg selfishness; a
sdfiabness in gratification of which he scrupled
not to blast with univenad and irremediable* in-
famy, thfe reputation of a young woman who
bad sacrificed to him the purity, of her person
and the affections of her family. Upon the
accession of king James, we find Orey urging
Heomouth to undertake his rash and fiitalln-
vasion (though in his ^* Confession" he repre-
sents hia " coldness and backwardness to en-
gage the duke or himself in it"). When the
mvaaion was effected, we find him obstructing
its success by the most pernicious counsels,
and finally defeating it by an act of the most
flagrant treachery or cowardice.*
VV'e have seen in tbfe pn^eeding page, with
what warmth of expression he engaged to de-
vote . the whole of his iiiture life to James.
N^ertbelesB, at the Revolution, we find him
regularly attending the Convention, in which
be was one of me (Henry lord Clarendon,
io bis Diary ^ says tnirty- five, but the Jour*
nal specifies the names of thirty -six) lords
who, on Jan. 31, 1689, entered tbeir Pro-
test against the resolution which bad been .
canrieii, 55 against 41, fSee Clarendon's
Diaary. Ralph, and atto* nim Hume, say
the majority was 1 1) not to agree to the vote of
the Commons that the throne was vacant : and
on the 44h of February be joint. d in a second
Protest' CHI tlie like occasion. As to bis *^ Con-
fesaon" itself,t it was written, as his Letter
tails us, by the ' command' of king James,
upon whose mercy bis life at that time de-
pended. • it is not therefore very credible that
suck a matf in such circumstances, writing
under such a command, would hesitate to lal-
* Tbe concurrent testimony of historians
seems to render this indisputabks, notwithstand-
ing ibe story of the ^* brave cautain of tbe
Horse Guards now Uviog, 1718,'' reported in
a Note t> 3 Kennett, 43^, 2d edition, and the
olenoe ot'koig James in the Letter of July T,
1685, printed in air John Dalrymple's Appen-
dix, p. tS3y 4to ed. of his Memoirs.
f Sprat, in his second Letter to tbe eari of
Dorset, says, that after thetovertbrow andexe-
fiolion oFftionroopth, James tbe Second appbed
to him to write a continuation of his History
of the Uye-Houae Plot, and *^ to that purpose
gave hitn a sight of multitudes of original let-
ten and papers, togeiber. with the confessions
ofaevmJt persons: then taken in England anil
Scotfaind ; who di(^ indeodp aoem all to outvie
I
sify any fact, the falsification of wbicb be con-
ceived might serve him with tbe king. To the
falsehood of the pretences in the cSmfession,
that he rather dissuaded tbe invasion of Mon-
mouth, Mr. Fox has adverted ; and Dalrym-
ple (Mem. part 1, book 3, p. 65), intimates
the interested suppression of a very important
fact, the connection between Monmouth and
Bentinck.
Next, as to Sprat:* Upon the death of
Oliver Cromwell, he published verses to cele-
brate the virtues of that Lord Protector. Of
the raei'its of his hero t^iat's mind was so full,
that tbe exuberance of bis praise overflows
from the poetry of his Pindarique into the prose
of his Dedication to WiUdns. After the Re*
storation he took orders, and became chaplain
to the profligate duke of Buckingham, ana also
chaplain in ordinary to the king, from whom
be obtained, first a prebend of Westminster,
and after tliat a canonry of Windsor. By tbe
desire of the king, and his brother, the duke of
York, he composed this History of the Rye-
House Plot, for which he was speedily re- -
warded with the deaory of Westminster and
bishopric of Rochester. By kin^ James the
Second, he was api^inted clerk of his closet^ '
and one of bis ecclesiastical commissieiiers.
He suffered, or rather we may suppose, di-
rected, king James's *^ Declaration for Liberty
of Conscience" to be read in Westminster-
abbey ; and he acted under the ecclesiasticat
commission until the danger of farther oopa-
one another who should reveal most, botk o^
men and things, relating to the old conspiracy
as well as to tbe duke of Monmouth's and the
earl of Argyle's invasion." This readiness aind
copiousness of confession shews how eager
those who had fallen into the power of James
were to say what would . be agreeable to bim :
but by no means establishes ^the truth of the
matter reported, or even proved to have been
so confiessed. .
* Of this very worthless man, there is, in
the Biographia, a life written much too in-
dulgently. Johnson also, in bis Lives of the
Poets, 1ms inserted a short account of bim.
Johnson's tender treatment of bim ntuiy safely
be referred to the joint operation of a good and
a bad motive— of reverence for tbe clergy and
of fHU-ty bigotry. Dr. Symmons, in the first '
.edition of his Life of Milton, riehtly repre- •
bended the bishop's refusal to admit iuto Vfest'
minster-abbev an inscription to the memory 6f
the author ot Paradise Lost : but in the same
passage he spoke of ^^ tbe otherwise respectable
name of Sprat." The epithet < respectable'
should not be used as an expletive r and I am
glad tliat r do not find it applied to Sprat's
name in the second edition of Dr. Symmons's
work. More respecting Sprat, see in the Cases
of bishop Compton, a. d. 1686 ; of Dr. Peaph*
ell, A. D. 1687 ; of the Seven Bishops, A. n*
1 688, and of Robert Young and Stephea Blacks
beady a. d. 1692, in this Collection,
963} STATE TRIAIA 3S Charles II. l6$3.^iiirotkciiM t0 th$ IHab £^4
jptiance with the ticdeiit measures of tlie king,*
•Dd, indeed, until the inBecurhy of the kina-'i
power had become very apparent. ^At Uie
Berolution, he took the oaths to king William.!
And after this long comse of despicable syco-
phancy and det^table tergiversation, in his
Wili^ dated Nov. S8, 1711, as I meet witkit
81 an Historical Aooonnt ofWestminster-abbey,
he assures his executors, with the most consam-
mate impudence, or the most consummate hy-
jMicrisy, ^fbr it cannot be explained by the in-
naence ol self-deceit), that ^* his poor store had
been gathered only by ways honest, fair, and
bonouraUe, not by any mean or undue me-
thods of heapinjg^ riches, which in the several
advantages of his conditionis in this world his
sovl had always abhorred ;" and he solemnly
V praises the Lord, that in an age of so ^^reat
oomiplions, temptations, and prevaricatiotis,
ht biM still ke|jt his integrity, and God had
made him firm and steady to the faith, doc-
trine, discipline, and true mterest of the Church
of England."
Sjirat ^ysWarburton to Rurd in a hint
for a ** Dialogue") might speak the court
ientiraents. &e " Letters firom » late emi-
nent Prelate to one of his Friends." Letter
r4, dated Jan. 31, 1755.
. Bat in Oider to discredit Dr. Sprat's His-
* Bet the Cases of Compton, bishop of Lon-
doOf A. D. 1686, and of Peaohell, vioe-chancel-
ler of Cambridge, a. d. 1687, in this Collection.
t He had beea employed by kin^ James in
diawing up the form of Thanksgiving to i^
used on the 15th of J«miary, 1688, for the al-
kjged pregnancy of the qneen. Whether that
kug also associated him with Sancreft in jlraw-
iog up, on die -Prince of Oranjpe's desoent,
ihe Form of Prayer mentioned in a Note to
d Rennett, 496, I know not. I recolleot not
t» have ever seen that Form of Prayer. If his
asiialanoe were remured, 1 soppose he gave it.
In the January following, we find him em-
ployed, (see Lords' Journals, Jan. 2ind and
tSlli, 1688-0. 3 Keim. 541. 2 I^|A> 28)
with olber bishops to draw up a Form orPrayer
•adThanksriving for having made his highness
the Prinoe m Orange the gmiens instmmeut of
^e great tdeliveranoe of oie kingdom from po«
rfcfy and ariiitraiy poller, and to insert tlwreiB
• MfftieiilBr pray er for die Prince of Onmge.
sir John Dahrymple, (Mem. part 1, book 5,
■^ol. 1, p. 147) tells us, that' during the hi-
tanded French invasi<m into Scotland in the
year, 1708, the English fleet, at the mcmlh of
the Frith of Forth, was mistaken at £dmburgh
for the French . Upon that oceasion sir Hugh
Bdrynmte, lord presidoit of tfie court of ses-
aieii, who was flyhig mto Engfend himself,
advised sir James Stuart to do so too, pnttmg
liim in mind that he had had a hand in draw-
ing the Prince of Orange's Manifesto, he an-
tnrered : •" Ay, ay, my dear, that is true, and
i must draw this man's too." I do not find
thal^pnt ever Maigned the office of Ckrkof
theCkwetlaidiigJiiBCi.
tory, it is, iadesd, ai4(i|g|cCber aeadlm to.
recur to presumptions arising firom his cha-
racter or the circomstanoes uader which ha
wrote. The author himself completely de«
stroys all its^pretensions to authenticity. Ifier
the Revctoion be thought it, in Johnaoa'a
phrase, convenient to eztenaate and ciiBcuse
that perfonnance. In a letter to archUshap
Saacruft, which is inserted in the Appendix to
the State Letters of Henry earl of Clarendoa,
he says, *'. May it please your gnee ; It beia^
probable that as soon as this convention sfaaU
oe made a pariiament, one of the first thmga
they win fall upon will he the ecclesiastical
commission ; it was tiiought necessary hj
some fidends of mine that I should draw up
something, though not in defence, yet in ex-
tenuation of my fauh in sitting there. What
I have done in haste, 1 here send your §[iace,
humbly ^ubnutting it to your grace's jndg*
ment and correction. That part wherein your
grace is mentioned, 1 beseech your giaoe to
change and alter as you shall think fit $ and so
any of the rest: and the more faults* yoor
grace shall find in it, the kinder I shall take it.
'* My lord, I think after this to write a ae*
oond letter to Ihe same noble person, ami
therein to defend myself as to uie other ob«
jections aj?ainst me, as the acting in the com-
mission of London, and above all the writing
the account of the Conspiracy in 1683."*
, He accordingly pubnshed two exculpatory
Letters to the earl of Dorset, in' the secsod af
which he informed the world, that shoitiT
after the death of kine> Charies the Seomd,
kinff James called for me papers [his foeoafit
of toe Rye-House Plot], and having read thehi
and altered divers passages, caused them ta be
priafted hy his own authority. He fiu^ier teUa
us, diat he lamented the fiul of persona of ho«
nour upon whom public judgment had passed,
« especially," he adds, " my lord Rasid'a,
after I was i'ully convinced by disopurse witk
the reverend dean ofCanterimry (Dr.
*«<iaB3. The Rye-Hops^ Conspiracy dia*
covered, being the bst eflfort of oiatioe ta tha
long and the 4uke of York. An aocideni a^
fire at Newmariket prevented it.- It was dia-
covered, about the end of Trinity Term, by
Kaeliaff. Shaftesbury said th^ weie too few
to do the wark, and teo naaay to oonaeal it.
^So, an the 19th of November, one of Ae daya
appointed fiura general insutreolion, he wei^
with Wakat aad Ferguson to Hollaad; di«.
tcndmflr ao knger * to walk the king oat or the
< kingdom,.' aa ha amgantly eiipieesad it;
when he escaped by an ignoramus jury.
Widest and Feegaaan aaen ratoraad ficaoa rA-
laad, to jaia with Meanonth, Essex, kri
Gray, Eaorie, RusaeB, A. ^fl^, Hamadea^
ArmalnxBg, Bamoey, Komboid, Sheppanl,^te*
Faur thomani men were said to be engaged in
thisinsumotkm." liaephemon*sLifeafJaniea
the Fust, wriftlea hy hanseir, p. 1^. (Basin.
tiaduefeion to the pioaaedbga agaaaat load Gii^
mmIoD) iroL ^ pw 991, «f lh» Orikclion.
Sft] STATK TRIALS^ 95 Ch ABt.tt.n. l66S^or the Sy-HiUH Phi. [508
•r diat Mble geiilfeinitai*« groal probity and
coBtCoadtablMMTeiice of ftbehoed : buttlmt," he
wMyd hane vb believe, ** wm a food whHe
after.** la his second letter lie oarries bis
fsMgrncj somewbat farther, allegittg in ex-
cow for haTing acted nnder the Eoclesias-
tieal Cominissioii, that he should hare tboaght
Jefferies and Hertiert *' would nerer have Ten-
tored their fbitooes and reputations, [the r^
potatien of Jefferies !] by exerdsing' a juris-
diction that was illegal/* It appears b3rthe
Biomphia (wherein js refevenee ai to this »
taaA to Wood) that to each of these letters an
amner said to have been written by one Mr.
C^bariton was published shortly after the ap-
pcaraaoe of the letten, but I have not seen
To the testimony then of these two Histories,
I nost apply what Mr. Fox says of Perg^ooon's
Narrative, " where it only corroborates ac«
eeonts i^nren by others it is of little use, and
where it differs ironi them it deserves no credit. '^
To Sprat's History, as published by king
James tae Second, were annexed, what were
iatitled, ** Copies of the Informations and ori-
nal Papers, relating to the IVoof of the Horrid
Csaspiracy agmsl the bte King, his present
Majesty, and the Government : as it was or-
dered t» be pnUidied by his hte Mijesty."
After Sprat's vague assertion that lang Jamet
ahored <* his papers ia divers passages" befong
their pufalicatioB, it is impossiUe to say what
part of the publication is authentic. An inno-*
cent or an honest bmu would probably hav«
thought it worth his while, from regard to
truth and in viadicatioB of his own integrity,'
as well as of the characters of others, to have
particularised the alterationR which Idng James
nad made, provided those alterations were ma-
terial. And if those alterations wese isftma-
terial, he would have disdained, by an inex-
plictt mention of them, to reader it uncertain
for what part of the publication he was himsdC
responsime. But Dr. 8prat., it seems, thought
it convenient to resort to the stale and vulgar
artifice of generality (' dolosus versatur in ge«
' neralihus ) and to avail himself of such sh^er
as euD be afforded to guih and cowardice by the
darkness of indefinite enressions.
The • '* Copies of Ihe InformatioDS and 6ri*
ginal Papers," &c. 'are here given, ^refore,
rather as euiiovs and interestinflf illustrationB
of tiM* following Trials, and of the English
history oonneoled with them, tiian as docu-
meots of indisputable authenticity. They art
as follows :
COPIES OF THB INFORMATIONS and ORIGINAL PAPERS
SsiATtNG- TO THE P ROOF OF THE HomUD CONSPIRACT AGAINST TRF. LATE KiNO, Rl$
PRESENT Majesty, and the Goyernmbnt : as it was ordered to be published
BY HIS tATE Majesty.
7%e INFORMATION of J06IAH KEEL-
ING, of the Parish of St Botelph Without,
AU^^, in the .county of Sfiddl^sex,
Sbter. Taken the IStk of June, lasS.
This informant deposeth and saith, That
some time before that nis majesty went last to
Newinarket, about a fortnight or three weeks
fs he remembers, Mr. Richard Goodenough
ender-sheriff to 3fr. Bethel and Mr, Cornish,
te sheriffs of London V did at the Sun-Tarern,
behind the Royal Excoang^e, take this inform*
aot asijle, and ask him how many men,, he,
ibis informant, could proems to take away the
lile of the kit\^, aud duke of York : he having
Won his discourse with this informant, bv
teUing- him that we (meaning^ thereby himself,
this informant, and other citizens of London),
vere like to be in slavery, and to lose our
charter : to this question this informant an-
svered, to the bestof liis remembrancCf that he
Gooki not pi-ocure any to do that work. This
informant further saith, That meeting the said
Gocdeoough a second time, vhile bis majesty
vas yet at Newmarket, he told this infurmant,
That the only \«ay to prevent she<1(iing of
blood was to take off the king and duke pri-
vately, and renewed his former request to me
(this ii)fbrmant) to procure what meji I could,
towards the efltectinp: of it ; and upon this oc-
casion he met me oilen in London, and came
down to my house. This informant further
taith, That he at the solicitation of the said Good*
enough, and others, did speak to divers persons,
that Mr. Goodenough had told this intormant^
there were sevei'al men, that would be coiv«
cerned in taking off the king and the dake«
and they wanted more to make up their com-
plement, which were to be forty in number^
Among the persons, that this inmrmant spoke •
to, there were three, viz. James Burton, <^
Wapping, White Chappel, cheesemonger ; Wil-
liam Thompson, carver, of the same; and.
Andrew Barber, instrument-mak^r, of the
same :' that meeting by appointment, at the
Mitre-Tavern within Aldgate, witli one Richard
Rnmball a Malster-man, living at a place
called, The Bye (if this informant mistake not
the name) within two miles of Hoddesden, la
the county of Hjertford, or thereabouts, did
agree on the Saturday next, before his majesty Is
retarn from Newmarket last, to go down to
the Rye, being the house of the aforesaid
Rumba]], and there to effect their design of
talving oifT the king and the duke. The manner
whereby tbey proposed this should be effected,
that the sard Rumhairs house, where Jliey
were to meet, being by the high- way si(^e,
tbey that were to be actors in the fact, were to
hide themselves under a wall, or a pale ;'and
when his m^yesty's coach should come over»
against the said wall or pale, three or four were
to shoot with blunderbusses at the postihon and
the horses ; and if the horses should not drop,
then thei'e were to be two men with an empty
cart in the l8Q« near the plaoe, who in w$
367] STATE TRIALS, 35 Chakles IL l£%S^InfrodueiiM to the 7H«b [36f
htd>it of IsJmorera should run the^ cart thwart
the lane, and so to stop the horses ; besides
those that were to shoot the postilion and horses,
there were seTeral appointed to shoot into the
coach where his majesty was to be, and others
to shoot at the ^ards that should be attending^
the coach . This informant further saith, That
meeting with Mr. Robert West, of the Middle
Temple, barrister, tliey went to tlie Dolphin
Tavern in Bartholomew Lane, behind the Royal
Exchange, whera they met the said Rumball,
* and one Hone of Southwai-k, (as thi^ informant
believes he was either a carpenter or a joiner)
and they discoursing together, when his ma-
jesty would come home m>m Newmarket, Mr.
RumbaU said, he heard that he would come
that night : Mr. West said he had beard that
his majesty would not come till Monday ; and,
said be, I hope he will not come till Saturday,
that is the ^tnrday come sennight. To which
Kumball replied, I hope so too. If he do not,
said Mr. West to Rumball, why then how man y
swan-quills ? how many goose-quills ? and
how many pair of crow-quills, will or must you
hare ? Whereto Rumball answered, six swan-
quills, twenty goose-quills, twenty or thirty
(the informant doth not exactly remember
which) pafa* of crow-quills, witii ink and s&nd
propoitionable. This informant asking, either
the said West, or else the said Rumbcdl, what
was meant by those several sorts of quills ;
was answered, that by the first were meant,
blunderbusses ; by the second, muskets ; by
the third, oases of'^pistols ; by the ink and sand,
powder and bullet This informant seeing
)[lumball the same week that his majesty re-
turned home, told him he had seen the king
passing by his housed and that if he had but
nve men with him, he conld have done his bu-
siness, and the duke's, for that there were but
fire Life- Guard- men with them. This in-
formant further saith, That the said Good-
enough about a fortnight ago, came to this in-
formant's house, and going from thence to the
coffee-house, he told him, af^ he bad pulled
out some 'papers, that he this informant must
take one of the said papers ; who asking the
said Goodenough, what ne must do with it ; he
the ^said Goodenough answered, that he must
take to his assistance nine or ten men, such as
be could trust, to the end they might consult
all the house-keepers, journey-men and ap-
prentices, to see what number of men might
DC raised upon occasion, either to justify the
act, if the king and duke should be taken off,
or if not, what Strength could be made up in
case of an insurrection or a rebellion : and he
being told by this informant, that we were well,
indeed better than any other nation, Tthat is)
much happier if we conld be quiet, ^otherwise
We should involve the nation in blood and con-
fusion ; he replied, that he was clearly for
taking off the king and the duke, and then
there should be quickly an end to it : and this
informant further saith, that tli6 two papers
nowuroduced by him, were delivered to him
(y tna said Goodenough, and that the paper
begimiing^ with these words, viz. <*4. From
'White-Chappel Southeast,' andepding 'round
* Good^nans Fields,' was written with Good*
enough's own hand, as this informant belieyes.
And this informant saith. That he had received
a third paper from the said Goodenough,
which he gave into ttie ha^ds of one Joseph
Uelby a carver of Limehouse, who put it into
his pocket, but said he would not meddle in it.
This informant further saith, that the said
Goodenough told him he had divided the city
and suburbs into 20 parts, and shewed this in*
formant the names of the divisions in writiitt^,
having, as he said, taken it out of the map. la
the company of the said Goodenough and this
informant was one William Rumball, the bro-
ther of the said Richard Rumball, to wjiom «
faper was offered, but he would not meddle,
n each division there was to be one principal
man, to take to his assistance eight or nine
more as he thought convenient ; but be named
none of them to this informant. This mform*
ant further saith, That on Thursday last he
going into the Salutation-Taven^ in Lombaitl
Street, was told there were above stairs some
acquaintance of his ; he going up, found the
said Goodenough there, together with one
Wade, Nelthrop, and the i&resaki West, all
barristers at law ; they called this deponent in
jest by the name of Gulick ; and he asking'
them, what thev meant by it, they tokl Bim,
Gidick was a nrave fellow and neaded the
people at Cologne, and they hoped to see this
informant do the same at Wapping ; and they
asked how their friends did in Wapping and
what strength they could make there : the in-
formant answered, they would do well enoiMfh
there, and concluded they were privy to the de-
sign. In this company there was one they sailed
captain Walcot, who went over with the earl of
Shaflesbury, and oime back with his corps ; as
also one they called colonel, whose name this
informant does not know. This informant fur-
ther saith, that the said Richani RumbaU in
the conversation above-mentioned with the said
Burton, Thompson, and Barber, and this de-
ponent, afHrmcd, That to take off the king
and the duke would be a keeping of one of
the Ten Commandments, since it would pre-
vent a rebellion, whereby abundance of blood
must be shed. This in^rmaut further saith,
that he asking West and Goodenough on the
the Thursday above-mentioned, what care was
taken for arms, he was answered, that he need
not take care of that, for there was m*ovisi(m
already made ; and taat the said West re-
commended secrecy above all things to this
deponent, otherwise the present design inis-
carrying, they should never be able to retrieve
it. West further told this deponent on Easter
Eve, that since the design to be executed
upon the kuig's return from Newmaifet bad
&iled, they intended to take the king and duke
off between Windsor and Hampton Court.
12 die Junii, 1683. JosuH Keeuno.
Josiah Reeling,
Joratis fnit, Coram me^ L. Jenkins.
Z69] STATE TRIALS, 36 CharlSS II. l6p3,— >r the Ry^Housc Plat. [37P
The Joint INFORMATION of JOSUH
KEELING, of the Parish of St. Uotolph
Without, Akigate, in the County of Mid-
dlesex, Salter, and of JOHN KEELING
of the Parish of St. Anne Black- Friars,
Citizen and Turner, taken the 14th of
June, 1683.
These Iiifi)rmants being in company with
Richard Goodenotigh, thb 14th day of 'June,
between the hours of twelve and one, at the
Dolpbin-Tafem behind the Exchange ; and
the said Josiah Keeling asking him what ac-
count he bad of thosi^ 20 divisions that he had
made of the city, or to that efiect ; he an-
swered, that he bad an account of Lee a dyer
in OU-Street, Middlesex, and t^at he could
raise him 500 men : and the said Goodenough
being asked by the said informants where those
men should have arms and ammunition, and
also where other men that were designed
to be raised should have the like : it was re-
plied by the said Goodenough, that there were
S0,000/. already promised, which should be
bad upon demand, and that the said money was
to be distributed to the 20 principal under-
takers, proportiooably to the lists of 'men
tfaey broaght in ; or the said Goodenough re-
p&ed to that efiect : the said Goodenough fur-
ther adding, that tlie duke of Monmouth,
and all bis Triends would be concerned in rais-
iag tbe said money ;. and that the said duke
would be at the head of tbe said party, which
they propounded to be four thousand in num*.
ber, and that many more would quickly fall
in. And the siud Goodenough further said,
that a certain colonel (whom the informunt
takes to be colonel Romscy) would advance
800/. or 1,000/. towards paying for arms.
And the said Goodenough fiurther said, that
Wade the Gonnsellor of Bristol or thereabouts,
kept in town two or 300/. towards paying for
arsoik And the said Goodenough being asked
what he would contribiitetowarJs the carrying
ooof (he said design, > (he being a rich man)
be answered that he bad about 60/. in plate and
kHocGOL in gold, and hail he more it should
all go to the same use ; afid the said Josiah
askiiig him what provision of horse there was,
the said Goodenough answered that tliere
vere 100 ready, aud men to mount them,
and if occasion*^ be, there should be more in
readiness ; and the said informants further say,
that tbe said Josiah, being asked by the said
Goodenough, what progress he had made
upon those papers he bad entrusted with him,
and Josiah shewing him the paper of number
^lee (which Goodenough owned to have been
ddifered by him to the said Josiah,. with two
papers more) and telling .him all was well
enough with us, but asking him withal, what
we should do for arms and ammunition, he the
ttid Goodenough answered, that if there was
&ith in naen, money should not be w&nting to
bf^ arms and ammunition ; and that be was
to meet this night them that were principally
concerned. And these informants say that
I the said Josiah (being desirous to pry into th«
secrets of their dosign against the Tower) pro-
pounded to tbo said Gooiienough, that a persfin
with the staAof a constable Nhould bring in a
man bound as an ofieudcr before tlie lieulcnaut
or major Rue ; and that at tiiC same liine,
another pei-Kon should be brought iu u;)Oii the
same colour, and by that means secure tho
guanl at the gale, till such time that a body of
meu which was to be lodgeu in the corner-
house of Thames -street or the next to it, should
come to their help ; for which pi'oposal thv
said Goo<leDouf;li applauded the said Josiah
very much, clipping him upon th^ back. And
the informant Josiah asking what to satisfy our
people we should do for a few arms, he an-
swered, that the said Josiah should have money
to buy them. Jo<;iah then asked him what
gun-smith he would recommrnd him to, adding
uheiher he had not best deal with Mr. West's
(medniug Mr. West the lawyer's) gun-smith?
Whereto the said Goodeooug'h answered, that
fun-smilh was a very honest fellow, and that
e need not distrust him : the said Jo^ah fur**
ther asked him, saying yon. must have some
arms ; are those disposed that were to be sent
to Ilye? Whereto Goodenoiii^h answered*
they were not. Then the said Josiah asked
him if they were at West's house, or at tht
gun-smiths ; whereto Goodenough answered*
they were at the gun- smiths, who lived in
Sheer- lane, on the left hand, as one goes from
Fleet-street ; and the said Josiah asking the
said Goodenough whether they went on with
their design of killing the king and the duke
between Windsor and Hampton- Court ; b«
the said Goodenough replied no, because they
did not usually go together, but they wopld do
it at the bull feast, in Lyon- fields. And tbesa
informants furthel* say not. Josiah K^eunOi
14 die Junii, 1683. J OHX Keeling.
Jurali Prcedicti Johan.
et Josiah, Coram me,
L. Je^nkins.
The Joint INFORMATION of JOSLAH
KEELING, of the Parish of-St. Botolph
without Ald^'ate, in the County 'of Middle-
sex, Salter, and of JOHN KEELING of
the Parish of St. Anne Black- Fristrs, Citi*
zen and Turner, June Vr^ 1683.
The informants say, that being in the com-
pany of Richard (joodenough at the Sun-
tavern behind the lluyal Exchange, between
the hours of one and three o'clock on the 15th
day of this instant June, 1683, they asked
the said Goodenough what. ]>ersons of quality
would be concerned : He the said Goodenough
replied, that he had discourso^l "William lord
Hussel, son to the earl of Bedford, and that
the said lord Russel told the aforesaid Good-
enough, that he would be concerned in it
to his utmost, and that be would use all his
interest to acconiplibh the aforesaid design
of killing Uie king, and the duke of York:
and these informants further say, that ask*
2B /> .
i7l] ^ATE TRIALS, 95 CflAitLW 11. l6sS^<--lidfAKilm ia the Trkls {fft
%ag Hietaid GoMlenofi^li, what colonel lliat
was that yesterday be the said Goodenoug^
totd the imbrmants, Josiah aod John, would
•dvaoce .800 or 1,000/. towards earryin^
on 'the desiffn of killing the kin^ and (hike,
he the said Goodenough - rephed^ it was
oobnel Romsey ; and informant Josiafar asked
the said Goodenougfh whether it was that
RoiDsey that married the lady Smith, and had
commanded forces in Portugal for his majesty,
(i. e;) the king of England, he replied it was.
our bands, this i5th day of Jane, 1689.
JosuH Keeling. \
John Keeling.
Tha INFORMATION of JOSIAH KEEL-
ISG^ men upon Oath at Hampton-
Court, June 23, 1683.
Atid this informant further saith, that several
gentlemen, viz. Mr. Roope, Mr. Fitton* Gerrald
and Mr. Allen a;id one other, whose name this
informant hath forgot, who as they said came
to Tisit their honest Wapping men, that this
infom^nt would recommend to them for such,
and also to dine with them at some tavern,
which was tHb Fortune at Wapping, where
was Mr. Samuel Gibbs, Mr. Edmund Hunt,
Mr. Robert Fer^son, with sereral other per-
sons that this mformant doth not rememoer,
where the afbresaid gentlemen began to drink
healths, some of which were as followeth ;
To the man that first draws bis sword in de-
fence of the Protestant religion, against Popery
and SlaTery ; another was To the conflision of
the two brothers, slavery and popery; and
being asked what they meant (as tnis informant
verify befievetfa) it was replied, the two bro-
thers at White- hall ; the next was To the pin-
nmg of Mackinnys head on the Monument for
burning the city hi 1666. And this informant
asking what was meant; they said i} was the
dukfe of York. And this informant dining at
the Horte-shoe tavern on Tower-hill, with Ed-
ward Norton, esq. Mr. Starkey, Mr. O^le, Mr.
Goodenough, and others, forgot by this infor-
mant, they drank the foresaid healtlis, and did
e;cplain them as the aforesaid company did.
And tliis informant iuHher saith, that Fran.
Goodenough sent a letter to Uiis informant
by one Cherry, to acquaint the said informant,
inat the said Goodenough would with some
other gentlemen dine at the end of the town,
whore this informant dwelleth, and that this
informant would speak to such men as he.
could trust, to meet the aforesaid persons at the
Siracisa honse ; there came with the aforesaid
Goodenough one John Row late Sword-bearer
at Bristol) with a Dorsetshire gentleman whose
name this informant hath* foi^gfot \ also at the
saiae meeting was Mr. Edmund Hunt, An-
drew Barbed, William Tomson, James Burton,
as. this 'informant verily believes, with sewestvA
others forgot^ where it was agreed, we should
diaoourse so that it might not be understood if
we were over-beard. Then the questioii was,
if tfie foot-ball ww laid down how maoy we
1
ml^ht reasonably eapeet would oome m at first
laying of it down fi»m oar end of the town t»
play at It ? To wbioli it was replied', it was
uncertain, but' as many as were there would be
concerned ; to which it was answered by Row, -
and Goodenoueh, if we would not in a little
time l^ick the ball elfectually, we should be
made slaves, for, caith Ron^ the lord mayor
hath imposed sherifis upon* you, and iSie kiiu[
will take away your dMurfer, and then you wifi
be in a l^ie. eondilioii, and Goodenough spake
tethe same purpose ; uponwhieh Bunt mlied,
that he coow do as much good as any body,
for that foot- ball players often got broken shiiMr,
and he the said Hunt could cure them. And
this informant further saith, that this diseourse
was rroended upon this ibundatieQ, what meA
can be raised against the church-warden at
White-hall, whMh was understood the king.
And this informant further saith, Aiat Ricbera
Goodenough, and Richard Rumbal, told ^ia
mformant, that there was a remonstrance or
declaration ready drawn up, which would be
printed against the day that this designed com-
motion was to be, Wherein they wouM ease the
rple of chimiiey nnoney, which seemed te
most grievous, especialW to the common
people, and that they wooid lay the kiog'i
death upon the Papists as a contuMied design
of the former plot. Josuh KisunSi
Copt of a NOTE given in by JOSIAH
KEELING, 23d of June, and by ~
eeived from Goodenough.
Froorr the Tower Eastward on the 8outb-i
of Rosemary -lane to Maklen-head-lane, the
West side of Maiden -bead -lane, the North-
side of Upper 8hadwell, Westward to New
Gravel-lane, the West-side of New Gmvel-
lane, to Ae TLames'and by the Thames le
" the Tower.
The streets and alKes of note within the
bounds: St Katherine's> East-Smiihfleld^
Ratcltft-high-way, VictealKng-offiee, Buteher-
row, Redcross-street, Armitage, Nifi^thi|fel»
lane, Artichoak-lane, Redmead-lane, Wapping,
Gun-ally, Cross-ally, Well-ally,' Warners-
vard, Salters-ally, Green-Bank, Gkm^ally,
Pump-ally, Meeting-horse-ally, Old-Gntvel-*
lane, BMwer's-lane, Tobacco-inpe-ally, Cina*
mon^etreet, Crown-street, Queen-street, King*
Edwards-street, King-street, Caiman- Rents,
CrowB-yaid, FTarrow-aily, Sevea-8tar-alW}
Gafter-yard; Wests^garden, Blew-gate-fieui,
Fleeoeryard, Chamberlain*8-ally, Frankland*
street. Match- Walk;
With all other plaoes within the ontbonnds
not named.
The INFORMATION of THOMAS SHEP-
ARD, taken by the right honourable thm
eaii dr Sunderland, &c. June 9r, 168S,
Some time before my lord ShaftsbuiT wwil
for Holland, the duke orMonmoudi, lord Gray;
lord Ruasel, air Thomas Armstrong, eol. llom»
Be with Mr. Mtefrait. farmeriy by
f ilk brother, who vrat taen a merchant
m Bardeaux, and ooe of mj ooFrespondenta, I
caiBe acquainted with Mr. Bftyiy, who told me
tan Hoae 4a ttme, what ateae they made io it;
htw ha aooveraed with the duke, lord Riueel,
maior W. and aa I remember, eolonel Sidney ;
aad that be had divers nroniieea of the money,
tod dcaired it might be paid into my bands ;
at length he teld me that 5,000/. they had
yead to raise amongat tliemeelveB, and that
ney ezpeeted the .other half shonM be taised in
the city ; bat finding no monies could be got
la the city, that project f 11 likewise, and as
Mr. Bayly told me, ill his eountrymen were
gainff beyoad iea^— A few days after came out
llie&covery, and I never saw any of them
fiace. Mr. Fergnaon told me that my Joid
tmex waa hearty in this business, and that
Jshn Traflkrbard waa a man to be depended
q^ m tlM) Weat: They bad likewise good
h^ «r air WiUiMi Cowtney/ and that my
lord fibacftshnry had aeatc^itahi Watoot dsani
toinm, who returned with a very eoaltcnrer
that be isund them not what ha expected, Init
Uiered if it casa ei « liamg, they weald
|»M(re right enoa^. 1 had almnst ibagot ta ae«
aeaipt your majesty tlmt botliilr. Fccoiiaon and
Mr. Bayljr^told me; That Mr. Cbarieteai bad
oncetproasised to aee the 10,000/. f aid.
iPuRBt* Coram me, Thomm SnaOBn
i«nef7,108S. SmfoeaLAMD.
aa|r,nadMr. Puguaon^^Mt at eny Imnae m
ikdiosch-laae, wbntbe aabjeot 4yf ebetrdis-
OMiea waa haertoaeiee year majeaty 's guaada,
aad ie eadai thereunto, es I afitereiniida at their
acst oiaelieg waa inl'onned, the duke, lord
Otaay, and air I^mmaa Araas^wag, waHeed
abantlhaAend oflfae iswn, one night ; aad
gaae ma eeoaimt Ihat they ibuod <bem very
MBniaa in their pkn^, not tike soldiers, aad
that the thing, praeided tbev cauld havie
a aefficieBt atraefrth; wes ftasiUe eaongii;
ket indin^ that faded, the pieyect was whoHy
laklaaide, an frr as I knew: Aftnrthat Mr.
Feri^uaen teid me of a feqeet was enfoot,#br
de^Myin^ your ma^y, and bis royal higtH
aam, caeoii^ irom Mewaoiarfcet. Colond
Hemapy, Mr. IVest, aadas i remember, Mr.
Wede, eeaae to my oooetieg-honse one even-
tag:,aiid began to dificonrse of it ; upon which
I laid tbem, that anppwiag they aboaUl effect
mkat chey talked m, it cenld not he expected
thit if the duke of Menmoeth should be
hut in honour and for bis own rindi-
he muat search out the assassins, and
bath ti^ and exeeatethon; ao that ieotead of
fliyeatng' a learaid, they must kwe their hres;
npaewMh theyceasM their discourse, and
w«t ew^ aaon after. Some time after
^fhia, Mr. Fergnson told eae of a general
insnrracliott tnteaded both in England and
fSrethad, and in order to it, that sir John
Cacfcran, Mr. Bayly, Mr. Monro, sir Hugh
end air Geaige Cambell, were come up
tolreat aritb fOBM of our Baglishnien about
it; and that the lord of Argyle had made
a prapoaitioB, That if they would raise him
80,000/L lie wouM be^n it in Seethmd ; but
finding no hopes at raismg that sum, tibe
Scoteii were wiliM^ to accept of lO^OOOC:
Aad by meaaa of a letter, which came ea I was
iafinmed /for there was no oaflae aiibsoribed)
from one Mr. Stewart, to same uekaown man,
which I havelbfgot; ooncioding then that it
was intended to Mr. Bayly, or some oilier of
thaaa gentlemen, having had some small ac-
The INFORMATION of JOSEPH HOW, of
the Parish of St. Giles's Without, Crip-
ple-gate, in the County aforesaid, Dia-
tiller, taken vy>on Oath before sir Ec^-
nald Forester, bart. this 15lh day of June^
1583, (unhst Thomas Lea, of Old-Mree^
in the Parish aforesaid, in the County
aforesaid. Dyer, for speaking of dangemua
and seditious words. ^
Hiis informant depoaeth aad tayeth. That
the aaid Thomas Lea, being at his house in
White-Croas-Street, on Thursday hMt, between
two and three o'clock in the afternoon, being
the 14th of this instant June : the said The-
maa Lea . waa discoursing with htm this in-
iermaat about the Ums of thecity charter, and
other thinga ; upon wlnoh the aaid 'Hiomna
Lea fell into a paswan, and told tbb informant
that he waa one of the aead>er of 10,000 men^
which were designed to be ready at an houi^a
warning; and in order thereimto^ there waa
90,000i. in benk, to cairy on the undertakings
aad many more did erery day subscribe
meaev or engage their* personal assistance:
and the first enterprize they ventuie open, b
to ge very aear Windsor, and for to sei2e the
black-bird, and the gold-finch ; and that 800
men were designed for that enterprise : and
afterwarda to aeiae the militia, Whitehall, aad
the Tow^ : but thia informant answered that
he judged it impoasible, liie Tower being now
so very atroag ; but the said Thomas L«a told
him that he bad been round the Tow«- in
company with d captain of a shin, and had
found out a place, where a breacn might be
made, which is to be done b? placing some
ships on the Thames side, with mortar pieces
therein, to dismount the guns; and also to
bring the major part of those seamen which '
were in arrears of pay, to perform the woiit, *
they being angry and ite want, therefore the
fitter for that purpose ; and that for the better
carrying«^>f the design, several ' meetings aie
held (as this day for one) at the King's Head
tavern in Athist-Ally near the Royal-£<-
change, at two o'clock in the afternoon ; far-
ther mfbrmeth not. Joasra How.
RSGIN. FoRfiSTBR.
The EXAMINATION of Colonel JOHN
ROMS£Y, June 35, 1683.
This examinant saith. That in October Or
November last, there was an Insurcection in-
tondedbytheearlofShailedmry oydthst the
S75] STATE TRIALS, $5 CharLKS IL l6S5.'-Inir0duction to the TrUh [97^
said earl of Shaftesbury told this examinant,
tliat Bristol was to be his post, and the exami^
nant being asked.-vvhat persons of quality or
capacity to command as officers, were naified
as intended to take part in this insurrection ;
he answered, that he heard ray lord Russel
.named and complained of, and Mr. John
Trenchard named by the earl of Shaftesbury ;
and this examinant further saitb, that How
the sword-bifarer . of Bristol, told him, that
Mr. West had acq*:aiuted hiin the said Row,
that there was an intention to assassinate the
king, at his coming from Newmarket in Oc-
tober last : the examinant doth not remember
whether the duke was there or no, but that if
he were, he was likewise to have been killed
(as the said How tuld this examinant,) and
this examinaut further saith, that about the
latter cu:l of Nt»vember, or the beginning of
December la4, this-exa.ninant having matters
of law til pending, boCa ne acquainted with Mr.
Rob..'rt West; and empiuyed him as his re-
icree tht'fein ; that the .said West acquainted
this examinaut with the design to murder the
king at his coming from Newmarket in Oc-
tober last ; and tol I this examinant, that though
it misCairied at that time, it was not to he
given over so, and therefore desired that he,
this examinant, Mr. Richard Goodenough,
and some others, . which he cannot charge his
memory withall, should meet at his the said
West's chambei*, where this examinant and
they did meet v\ ithin three or four days after,
to the best of this examiuaot's remembrance,
and there discoui'sed about the same design,
ai)d let it i'ali at that time ; and this examinant
furtber saith, that about the month of Fe-
bruary last, tlie abovesaid persons met with this
examinant at.tl^ said ]\lr. West's chamber, to
consider h )w the design should be brought to
effect, at tlie king's return from Newmarket ;
and Mr. West, and Mr. Richard Goodenough
undertook to iiod out men for that purpose.
And this examinant further saitii, that about
tills time the said AVest and Goodenough did
desire that this examinant would be acquainted
with Richard Kuiuballof the Rye near Hogs-
den in Hertfordshire, who was the man that
wouM untlertake to command the party that
tthould Uke off the kiijt^ and the duke ; and
that at their desire this exaooi nant did consent
« to a meeting with the saidRumball. When
Richard Goodenough brought .this examiuant
to meet Mr. Rumball at the Angel tavern near
the Old Exchange, the said Rumhall acquainted
this examinant how the ground lay, and would
have had him gone down to see it; but tbb
eximinaut refused it. And this examinant
farther saith, that after that they had s( veral
meetings, to try if they could make up the
, number of forty or fifty men for that purpose,
under which number the said Rumball would
not undertake it. And this examinant further
saith, that at their next meeting two or three
. days bcfjre or after the king's coming from
Newmuriiut in March last, they aid resolve
tbatar»a« should be brought «gauo2>t the next
journey to Newmarket in Aiitamn or any other
op^wrtuoity, as at the play -house, or oomiD^
from Windsor to Haamton-Court, or otber-
wise : and that Mr. West did undertake ta
provide so many cases of pistols, so many ca-
rabins and so many blunderbusses, and this ex-
aminant thinks ten mosquets : and that it was '
resolved, that ihere should be arms provided
for lifiy men at least : and this examinant fur-
ther saith, that the meawere to* he divided,
some to shoot the postillion and horses, some to
fire upon the king and duke into the coach,
and the remainder to charge the Goards;
and that there was also a cart to be laid in the
^^y> by which means the coach should be
hiitdered from going on : that the said Rumbel
said at their next meeting, after the king's
passing by his house, that there were but tour
of the Guards attendmg the coach, and that if
he had had but a small number of men with him>
he could have taken off the king and the duke
with ease : and this examinant further saith^
that at this last meeting captain Walcot wne
there present. And this examinant further
saith, that he did not meet again in five or six
weeks alter with the saul company, tboiigh
often pressed by Mr. West that it was not fii
to give it over. And this examinant, furdier
saith, that this examinant, the said Goodenough,
West, Walcoti Norton, Wade and HoUoway
did meet at Mr. West'fi chamber about three
weeks or a month since ; and did then resolve
to try what men could be raised in Ijondoa
and the hberties ; and that they jnight be more
certain, London was divided into 20 parts i
and Mr. HoUoway, Mr. Wade and Mr. West,
undertook to make the division ; and Mr. West
and Goodenough, did undertake to find a man
for every division that should bring in the cer-
tain number that they could raise respectiyety.
And this examinantVurther saith, that in the
first fortnight or thereabouts they did verv
little ; but the next meeting after Mr. Good-
enough brought in an account of seven divi-
sions, which amounted to 3,900 men or there-
abouts ; and that he the said Goodenough dkl
believe that the remaining divisions would
afford as many men more : and it was further
resolved at that time that the design in hand
should be kept secret until such time es the
return of the whole diviflioiiB should be
brought in.
And this examinant being further asked,
whether he did hear any commanders or con**
mission-officers named to cemmaed ^ these
forces, he saith he beard of no partiouliir names,
but in general that there were 100 old officers
about the town ; that alter that they oer-
taiuly knew how many men all the divbtous
would amount to, they then resolved this ex*
aminant should carry the proposal of com-
mandiug these forces to the duke of Hon*
mouth ; but the listings not being finished,
he never said an^ thing of it to liis gnSoe. And
tliis examiimnt furtber saith, that 9ie pnitciice
to make this levy of men was to assert reU<«
gionendUbertiM. And. this exaounentlurthier
377] STATE TRIALS, ^5 CHARtES II. l6«3.-/<ir tke Rge^g^me PM. fS7§
nidi, that there was a declaration designed to
6e ppblished when these forces should be up ;
but thai to the best of his memory he never
nw it nor heard it read, bat he believes some
ptrt of it was discoursed- of in this exami-
aaot's presence ; as that Coaching liberty of
coascience, and something relating to the law
sod the judges. And this examinant farther
saith, that to the best of his memory on Tues-
dftv last was senn'ight this examinant, captain
Walcot, West, Nelthrop, Goodenongh and
Wade, met at the Salutation tavern in Lom-
btfd-street, to Imow what progress Good-
CBOOgh had made in the other 13 divisions,
Irfao told this examinant and the rest, that he
had done nothing since the last meeting ; but
Aat be was to meet with some persons that
aftemoon, who were to gfive him a further ac-
count : and this examinant further saith tliat
after they had dined, one that was a stranger
to this examinant came into the room to speak
with Mr. Goodenougli, and that Mr. West
asked him, if he had seen the Gazette of that
day, in which was a relation of a commotion
in Cologne by one GiiKck,' and told him he
should be our Gnlick, for that in Dutch Gu—
was Keil and ick was ing, telling this in a
jesting doanner. And this e^amit^&nt further
sahh that on Satnrday lastwas senn'ight he
this examinant, Mr. West, and Mr. Norton,
met at the George tavern upon l.udgate-Hii:,
and then this* examinant was told that a dis-
covery was made of what tliey had been doing,
aad at present this examinant further saith not.
515 Die Janii, 1683. J. Romsey.
Capt. et Recoghit. Coram,
Albrmarlb. L. Jenkins.
Further INFORMATIONS of Colonel
ROMS£Y.
. ^ *
Fnrtber this examinant saith, that Mr. Fer-
gaaon and the rest did in several meetings since
the b^finning of February press for the having
the men got ready that were to kill the king
ad tfaedoke, dm it was told him by Mr. (jvood-
enough %ad Richard Rumbal and West, that a
creat many were poor and cOuld not furnish
nemselves with horses or arms ; this was pre-
andy after < his coming out of Holland : Mr.
Ferguftm replied, he wouki provide the money,
and in two meeting afterwards he told them he
had 600/. ready m gold, that they might de-
pend on him, when they had got the tbrty or
tty ineQy under which number Richard Uum-
balicoald not uiidfrtake it ; and then Rumbal
aodthe rest asked Ferguson at the ficst meetinsr
vehad, if he thought tlie duke of Monmouth
wonld not revenge the king's death, and hang
^those th«t bad t>een the actlhv ; Mr. Ferguson
very inefy undertook to have it under the
didbe^s hand against the next meeting, but when
w^ met, be toui them there wa^ no sa viiig any
•nch thing to the duke,- but he said that we
mst all be ruined if it were not done : then
they asked if the duke would appear, when
it was doney . to which he made answer.
that a person would be there, bat he mqst
be excused for naming any names, and
desired not to be pressed : I told them always
they were not to trust to what Mr. Ferguson
said, for he was so wilUng to have the most bar-
barous murder done that he would say any
thing to encourage them to do it ; ^och dis-
course fis this happened several times at our
meetings, some saying when oar swords were
in our hands, if he would not protect them,
that then he should be cut off too : such hellish,
discourses as these we entertained oundves'
with, until the news of the firing of New*
Market came to town : and then Mr. Fer^son
'sent for most of us, and was earnest that Good-
enough and Rumball should gerwhitt men they
could, and that he could help them with six,
and that Rumbal should attempt it with 9$
maay as cpufabe got, but it was given over for
that time, because neither arms nor horses were
ready ; then be promised that he woukl immedt-^
atel V get the 600/. ihto his own hands to provide
all things in a' readiness a^piinst the first opportu-
nity, whether at the play bemuse, between Hamp- .
ton -Court, or going to Winchester, and said that
some persons were already out to see a fit place
to do it in, and if it could pot be done before that,
then alt tbmgs should be ready against the king
and duke's going down to New-Market; as
horses bought and kept in a readiness, and artns
which Mri West undertook to do, he being ao-
quamted with agun-sraitb, and upon Mr. Perga-
son's prolnise that he would procure the money-
Mr. West bespoke the arms, and thejr were
ready in a very little time : but when Mr. West
came and told Mr. Ferguson that the arms
were ready (for six weeks now I did not see
Ferguson, but Mr. West acquainted mewith all
passed as follows) he told the said West that hid
friend had not brought him 'the money as he
promised ; also Mr. West^was forced to pay
for the arms out of his own money, whica
was not repaid him, as he. told this exa-
aminant not above twentjr days since or
thereabouts : The said West told this exami-
nant that Mr. Feiguspn told hun he- might
send for his money when he would, by a
note to major W but be must telLhim the name
that he would make the note payable to, that he
might tell the same to tdiyorW. the name I
have for^t. In some very few days after, as
he the said West told this examinant, the saitf
Ferguson told him, that he mast not send any
body or note to receive the said hundred
pounds, but Richard Rumbal, because the said
W. would not trust any body else ; West sent
the said Rumbal very early one morning, but
the said major W. was gone out of town before
he cameto the house, which he went and ac-
quainted the said Ferguson with : in a few
days after the said Ferguson paid the said West
100/. in goM, and as the said West then told
this examinant, that the said Fergnson told
him, he did receive the said 100 pounds of Mr.
Charhon < and about 14 days since the ^ud
West and this examinant going to Mr. Fergoaeft
he toM 08 that there was d,000/. raised for to
$791 STATE TBIALS, 31 Ckauss II. t6S3^1mirvthwiiM to the Wab [990
haj bones, ivid to maintaia UuKn and the men
kk % readiness, that if any jopportunity offered
' ill might be ready ; but did not tell us lirom
whom be was to bave bis mooey, neither did
either at' us ask blra any qoesiioD about it.
Further this Axaminant^Ui, that to the best
of bis remembrance, in Jaaoary last, Mr. Nd-
tbrop told this examinant, that meeting cokmtl
Sidney bejtold bim that now flometbing would
bf done^ tor that it was resolved to s^nd some
persons inty Scotland to soaie gentlemen there
^melo town, that they might know what the
9oots conld4o, but they knew not of a man fit
tip send ; and the said iNeUbsep tnld this exjami-
^mt tfa«t h^ recommended one Mr. dwaron
Uofith 4M a fit man. And further this exami-
nant saitfa, tba^ the said Nelthrop told Ibis exa-
9)ii^Dt that the oejonel and others had sent him
( Aarop Smith) w4tb a letter to sir John Cochran
to adr iae him and his friends, to come to London
«bont their Garsiina afiairs, and that a good
gfWiog was bought ibr bim, or money given to
•Sim to buv one ; as also money was given him
by colonel Ow^en to pay bis ejqiences on the
md, and «Jso<tbit sonie monev was^ivenio bis
wiie Ib^ ber munlaoanoe, she being m poverty.
Upon this letlver iir John Cochran came to
Viodon, siid 9on» <Hher Scotch genliemen,
vhose Hemes tbis examinant does «o| know, but
l» Ibe said IMeltiNPO^ »nd Mr. Feigusondid ac-
qu»iotthis«(aipinanttbey were to treat with
some of this aa^on what was to be ddne for the
delivery of th^ nations : the said Fergnson told
this eXiuiunantk that tbe Scotch gentlemen did
fipqu^ntibose tbey treated with, (not naming
•ay of their names) that tbeir paople were in
v^y grest poverty, but very willing to set
0iemselves at liberty, but tbcy bad no arms nor
ammunition nor money to buy any, without
they could let tj^m bare money to iiimish
vms and ammunition, tbey oould do nothing.
During this l«st transaction of tbe Soots tor
•money I did not see Mr. Ferguson, biU Mr.
Wes^ who went constantly to &m did tell me
their diseonrse, as tbat sometimes the Sooteh
gentlcmop weredepartingdisoontented, and then
agaiu in thr^e or mar days tlyat they were like
to agree, and that money should be provided for
tbem ; often be 0ld me of such changes as
tliese in tbat transaction, and tbat Mr. Ferguson
did assure the said West, tbat the .money wouM
be all paid in one week ; I answered the said
"^^ostYwho would have bad me gone to Ferguson,
Ibut 1 would not see him until I was cer*
lain it was paid, for tbe said Ferguson
vndertook mndi and did nothing but promise
what be could not do. There was a debate
vhat dedaratioo should be presently after the
murder oi' the king -and duke, aud amongst other
tbicgf a free pajliameot was one head ; liberty
«f cofiscieneo was another ; tbat those that bad
f^ir lands taken from them at the king's re*
atoratian should bave them returned: a re*
formation 4af tbe expensire part of tlie Uw :
llr. Ferguson undertook that One should be
pady; Mr. West did further aoqrjutnt this esa*
p4aaBt,thatmy)acdHovicdbad faaou et hk
chamber to pomp him the said West wbet w#
were doing, and that his lorMip did desira to
hevee meeting with the said Wc^stmultbis es*
aminantt which neither tbe eaid West wir i4m
examinant were willing to s uadthe mid WcuC
did furtber acquaint this ejmiuinant that my
lord Howard did propose a coumiI of teu to
meet ; but wenoTconsenting to meet, tbe sumI
West did eiviUy put off tbe proposition, as bu-
tbesaid West did tafwm this ^samiumt. AuA .
further this eKaouDont eaith, tbat discounong
with Mr. West and Mr, Geodenougb, and aiWrs
about tbe Seoteb afiair, they did tell me, tbiit
tbe last spring there was a treaty with tbe enil
of Aigyle, end that then without money tbe
Scots declared tbey oould not begin, but tliut
the earl of Shaftesbury broke that iiisifln, not
copseuting topay tlie money : this examinBaft
never beard any thing of this design, nntii tbu
saki West, Norton, end Goodenougb didtdl
bim thereof. And this examinant further saitb,
that Mr. Nelthropaod Mr. Wade did alwnyv
oppose the murdering of the king and tbe duke,
and BO did ospt. Wei*^ but at lasttbesaid Wnl-
cot Qopsented. And this examinant further ^tfa,
that Mr. Bourn, and Mr. Geedenough'shrotber
were at some of tbe last meetings about tbe raiB« ~
ing of the men : tins examinant saitb« tbat to
tbe best of his naemory be bath here set down
every tbiogtbat woe said or transacted in the
debates when he was there, but he was absent
from some. * J. Bomzcy.
Colonel BOMZEY's further INFORBtA-
TION.
This examinant further saith that being seoi-
by the earl of Shaftesbury about tbe beginning
Oi November last to Mr. Sbepards a merchant
near Lombard-street, where was the duke of
Monmouth, lord Russd, lord Grey, sir Thomas
Armstrong and Mr. Feiguson ; tnis examinant
toUthem my lord Shaitesbury had sent him to
tell them it was high time to come to some re<>
solution about tbe rising : they made him this
answer by Mr. Ferguson, (and afterwards my
lord Grey said words to the same effect) tbat
Mr, John Trenchard had promised and assured
them at his first conoting to town that term, that
he could in four hours time have 1,000 fioot and
2 or SOO horse, but uow they had sent to him
to know the certainty, he had returned to them
this fi>lk>wing answer, that men would not bu
ffot from home on two or three days warning',
but that when such a thing as a rtsiagabould be,
be must know it sooner, tbathemi^t acquaint
men to make provision of seitlements (or their
families, so they could not go on at this timu
any further. And for this nawon and that thry
h^rd sir William' Courtney would not stir,
my lord must be contenie^. This messagu
I returned to my lord : on Ibis my lord
resolved to leave England. Thia ezsoH*
nam ftirther saith, that there was a project ef
government drawn up by Mr. West aad Mr.
Wade, which they delivered tn thia examinant
oadhegave it to Mr. FerguaoOi phatoM them
m] SFPATE TRTALS, 35 Cif ABLES II. 1 683.—/or the Ifye-^ Hmac PM. f JW
Ad be beard c^rfcftid' Syiibey had c^wn one. Colonel ROH^ZEY'S LETTER to the EaH
Alt he woaM (Tompare them tocher and of ROCHESTER, concerning' the Scotch
' icduce limn into one hitire one. Jndthisex-I Pedlars,
auimuit further' saith th«t Mr. Ne^hrop toTd
fismthst IDT lord c^ Essex, mj lord Russel,
eoloiid Sydney, and yotin^ Mr. Hamden, were
the persons that did tresit with the; Scotch gen-
tiemen, and so did Mr. West, and I think MV.
Ferg^nsovi. Mr. NeltHrnp and Mr. West, during
the time I did not see Mr. Ferguson, told me
that now tiiey were resolved to oraito 10,000/.
ftr the deots, and that next wedi: it should all be
pud iff. That was about a month since. But
fkey had been with Mr. Shepard the merchant,
and he told them there was none paid. This
money was to buy anus in Holland. Mr.
Ferguson told this examinant the riang'must
beinSiROihind before harvest, or else their people
wmild not begot together, andthat id four davs
after the Scots were up we should have the
fint iotelfigence, and trait then we must rise in
this town and in Taonton. My lord Howard
wnsnt first one with my lord Essex and the
lestybot be told captauiiWalootand Mr. West
what passed amongist tham, for which reason
he was left out of the meetings. Further this
examinant saitK that Mr. Wade and Holloway
told him how they hdd fixed the matter fcr
Bilstol ; that they were sure of 300 men, and
diat th^ would post them in all the cross streets
■othat none of me other party should get to-
nther in s body ot oAt of their honses. By
insmeans they should be masters of the town
wttbiMit spiBinjB^ one drop of blood. And this
examinant further saith that Goodenough told
Wade, West and this examinant, that about
Si;500 arms would be wanting^ for the men that
wsnld rise here ; for without they were arthed
ttewerte on the firsflo rise here, we should be
fceat; therefore West and this examinant did aC'
^oaint Mr. Ferguson from the rest that did
meet, of the necessity of fasting so many arms.
BerepBed, money should not bewantiDfir ; but
how so many arms could be bought winiout a
iSBcofeKy? Mr. West did undertake that if
HMntey were given, ^he arms might he had ;
and some 'person of the company did name a
gvn-smitfa that was an honest man that might
without suspicion have 2 or SOOarmr, and otner
gnn-amiths might, if inquired after, he found,
fliat might bdge proportionable quantities in
tfieir shop , and the men should be led to these
ifaopB anu armed. It was said by Goodenough
(hat 000 arms were together in the artillery
mnnd which miehtbe easily seized on. Many
odiBtes we had about the Tower ; some pro-
posed the takings of it by day time by sending
■nnemea in only with pocket pistols, and when
the sign was fpyea they were to Ml on the
giBrdi; but this was left oflfas not am^g with
atiKng by night ; and then the other way was
to dap S or 300 fll^otsrto the gates and set them
on the, which W4Kdd make those within sur-
Koder and that ships should come and lye before
the Tower and batter it at the same time the
AgofiiwenrcmfLre.
<< My lord; When the rising was ti^ hav«
been in Norember, Mr. Ferguson did say that
he could promise for 300 Scots in this town
that would be ready at a day *s warainar and that
there was in Engtend 1,300 that might be de-
pended ij^^n I thai 8 or 400 did always abid*
hare, the rest were seattered throogiiout Eng^
hmd wi^ packs on their backs for the'mainte-*
nance of themselves ; that a great many of
them were gentlemen's sons, and a^l of thenl had
been at fiothwei-bridge, and betook them to
thia wa^ to get {ancl carry) intelligence as well
as a linng. J. Romzey."
Another LfiTTBH from Cidonel ftOMZEY
to the Earl of ROCHESTER.
^ My lord ; I do not know whether I faa^e
already in any of niT papers where I mention
Mr. Roe, aoquaintieu the king of one passage :
he told me, (but I think I have) that Gibbons
the duke of Monmouth's foot-man did tell him,
that nothing hot taking off the two brothera
TTould do the business, and if he would gt> wi^
him, he would shew him the place to do it ; he
carried him' to my lord of Bedfhrd'a garden^
where I tiiink he told me is Ae momit to loot
into Coveni- Garden, and said no place can' be
like this to lodge men in to do the feat, and
shewed him Ae garden- door where they might
make a saUy on the coach if they mist wifh
their fire. Mr. Roe asked him, but how wilt
you bring' the men in?' He told him my lord
was long in the country, and he was so well
acquainted with the porter and servants that h«
could hare the key at any time. The said
Gibbons toM sir Thomas Armstrong as if Roe
had ptDposed it to Gibbons, and' sir Thomat
came to me in a great passion and told me
what I hare related, and bid me speak to Roe
to warn him of talking; of any such thing,
When I ' did speak to Roe he .confessed the
thing, but that Gibbons moved it to him, for be
knew not any thing of my lord of Bedlbrd''a
garden or servants.
This was to be done as the king came from
the play. I cannot recollect whether I was
tvrice at Mr. Shepard^s with the duke of Mon-
mouth, Stc, or but once ; but if I was but once,
then I heard Mr. Ferguson relate to my lord of
Shflftsbury some part of their ddiates at ano-
ther time, as that they had resolved of the 19th
of November for the rising and some heads o£
a declaration: Whether 1 heard this debate
at Mr, Shepard^s or at tny lord Shaftesbury's
lodgings I cantiot be positive in, but Mr*
Shepara I believe may veinember.
J, ROM^EY.'^
The fadKr INFI^RMATICW of Gotael
WMTiBY.
This examinant further saith. That Mr. Fer<-
guson i^as at this examinant's house for 7 or 9
3SS] STATE TRIALS, 35 Cuaklbs IL i6S3.'^I»tr$ductum to ike Tridh [dM
nights, intennittiDgaQigbttwo or three, which
time he told me he went to his wife. During
the time he was at my house, the duke of Mon-
mouth came to see him, to tbe b^t of my re-
membrance twice ; the first time I was with
them, and all the discourse thai passed was
about ray lord Shaflsbury's death, and relating
the kSkin of Holland and the confederates,
the duke not staying a quarter of an hour.
The next time 1 was not in the room with
them. Sir Thomas Armstrong came several
timetfin a morning to see him, sometimes be-
fore I was stirring ; the first time 1 shewed him
the room where he lay, and did not go in with
him, bat went to dress me, I being in my shirt.
ANDREW BARBER'S INFORMATIONS,
read in Council, June 23, 1683.
On l&tarday morning, about the latter end
of March last past, Mr. Keeling came to me,
and told me, that he and some othet friends
of mine, would have me come to the Mitre
tavern within Ald^te, because they would
drink a glass of wme with me ; and there I
qame to ttiem,'and found Mr. Rumbald, a one
eyed man, Mr. Keeling, Burton, and Thomp-
son, I sate down with them and drank ; soon
after Mr. Rumbald fell into discourse concern-
ing gettmg. of arras to his house ; he was
qpeaiong, 1^ thought it would be a good way to
tend them in a barge, but he concluded it would
not be safe ; but said, he thought that those
that would be concerned should ride with arms
themselves betimes in the morning, or in the
night, and so come to his house, and there they
should be refreshed, and their horses, till he
should order them what to do. Some I under-
stand were to continue on horseback, and they
that were to kill the horses, coach-man, and
postillion, and to shoot into the coach, were to
De on foot ; and. he would order carts to be set
cross the road for to. hinder them. So then
Rumbald asked if we could shoot well, I told
him I could not, I never shot at a mark in my
lite; the others said, let them alone for that;
says Keeling, he is a good soldier and a lusty
man, what do you think of him? he made no
answer, so I answered I was no soldier fit for
that work, and said, that it would be murder to
kill, and he said it would be a means not to kill,
but to save many thou^nd mens lives. W hen
I had done, he said he would order some to bring
word what coach by the colour of Uie horses, that
they may not be mistaken, for this was to be, as
I understood, in Rumbald'sown ground, for his
house ioins to the road ; and he said they must
come by his home to coipe to London, so he
■aid, he would engage his life to do it, if be had
but thirty men, but he expected forty ; and for
hocses Mr. Keeling said, he would get as many
as he could, but it was not concluded on, by
reason Rambald did expect to have been more
at that place, but Mr. Keeling proniised him
they should be ready at the next meeting,
which was to be the next Wednesday after,
I itmembar, bnt then I refolved nerer
to come into their company more^ nor be
concerned with them, because 1 did under-
stand there would be murder committed, nor
have been in their company since, nor I
never saw that Rumbald before or sinoe.
Likewise I rephed, if you should do so, hoir
will you escape? Rumbald answered, he
would fight his way throus'h, and separate
themselves into by-roads, and make what wvy
they could for London, and then they should
do well enough. All this time I never heard
that this was intended against the kinff, for he
was never mentioned in any respect, uat I did
understand, but I did verily beheve that it Was
meant by his royal highness. So we paid oar
reckoning, which was, 1 think, 0d. apiece,
and they went towards the Exchange, but I
dircctl;^ home, and have not been in their com-
pany since, nor no other tending to such evil
worK. Andrew Barber. .
Moreorer, Rumbald said, that there was
never above one or two that rid before, the
coach ; and likewise, if they could get to Casa-
bridge heath, or thereabouts, th^ should har^
friends enough for their help.
In the Gate-house, June 99, 1683, Major
HOLM£S confessed; -
That in order fo tbe late earl of Aigyle's
going into Scotland, and raising a rebeilioa
tliere, he had proposed that 30,000/. sterling
should be sent to him from hence, by some
great persons, with whom a treaty was held
ior that purpose by Ferguson ; but that they
refused to advance so great a sum, vet conde-
scended'to send him 10,000/. which Holmes
knoweth not whether tbe late earl hath ac-
cepted of as sufficient lor efiectuatiog that
design. .
tfpon his being asked, who were the great
men by whose means the money was to be ad-
vanced, he protested that he had never con-
versed with any of them, but thai he had heard
often the duke of Monmouth, and particularly
jthe lord Russel named ; and as to the lord
Grey, he did not remember that his lordship
was mentioned unto him in the malter of
money, but did confess that he had frfM^uentl j
been told of his being engaged in, and a promo-
ter of the design in general.
lie confessed, that the letter marked Numb.
2, is firom the countess of Acgyle to her hus-
band, and that he was to have sent it away by
the post last Tuesday into Holland, had he n Jt
been taken into custody. That it was directed
for Peter Harvie linen weaver (which is hot a
true name) in Bow. Church -yard, and was left,
at one Mr. Brown's house a cider-seUer there,
where Holmes usually received her letters
under that borrowed name, but saith that he
cannot decy pher this, nor any of her letters.
As to the long letter marked Numb. 3, he
protests he cannot decipher it, nor can positiyelj
say for whom it was to hare been directed, yet
thuUtfitWMto baye beca earned by Caatarrea
585] STATE TRIALS, 35 Chables II. l6S3.-^orike Rye-B6u$€ PM. [386
to Fergmaoy and by him to the chief men
coBoenied in the design.
Upon iiMoiring what is become of the parcel
of books, i» hich are the piinted Case of the earl
of Argyle^aad in what method they were brought
o?er from Holland, he ooofewed that they
bad been shipped on board of a vessel, called
(to the best of his memory) the Success of
Colchester, bound for London, and that Spence
VIS afterwards to come in the passage bout de-
signed to have come to Gravesenil, but that
ms wind having been very cross, he carae on
Aote at,! or somewhat near Harwich, irora
whence be came by land to Ldndon.
Upon asking what was meant by the figures
80 uid 81, in the letters- marked Numb. 5, he
Slid he did not well remember, but when I tcid
him that I knew by the cypher, money was
meaut by 50, and officers by 51, he confessed
that' it was so ; whereupon 1 did observe to
iiim, that as the late earl was to have had
money, so he was to have been furnished with
officers for the carrying oji ihe rebellion in
Scotland, which also be confessed, but said
withal, that this letter was intended for his
hdy, which he knew by a mark on ^he back,
and showed it to me.
The EXAMIN/iTION of ROBERT BLA-
NEY of the Middle Temple, esq. 29th
June, 1683:
This ezaminaut deposeth and saith, that this
deponent was inviteo about Christmas last, .on
Wednesday ^e 37th day of December last,
(as near as he can remember) by John How,
Ble sword-bearer of the city of Bristol, to dine
witii colonel John Rumzey, at his bouse in
Sobo Souare, where were present the said
colonel Komzey, Robert West, Richard Good-
enoogfa, Joseph Tyler of Lincolns-Inn, esq.
Christopher Baltiscomb, gent, and the snid
John Row, and this examinant ; wliere being
logether idler diVincr, and much wine and
other strong drink drank in the said company,
a discourse was began, but by \vhom this esa-
mtnant cannot remember, about the times being
fery had and dangerous for sober men, and
what remedies were fit to redress grievance,
and lid ourselves of arbitrary power, or to that
effect ; and it was thrre Idcewise discoursteci
and said, but by whom in particular, this exa-
minant cannot exactly remember, it beingf so
loog siiice, that we shonld never he welt till
we were rid of two people, by whom as this ex-
aminant did apprehend, were meant his ma-
jcflly and Ms royal highness the duke of York,
^od it fvas likewise said, that if the great
people did but agr^to join and rise, or words
to that effect, it might be done, for the coun-
tries were all willing and ready ; then as this
examinant dsoth remember by some one, it was
in die said company proposed, and as he verily
believes by the said Mr. West, that either a
deed of bargain and sale, or lease and release,
fone of them it was) should be executed to bar
ioih him in pos^cssioD, and bin) in remainder ;
vou IX.
by which as this examinant did then apprehend «
was tneant the taking off his majesty, and hio
royal highness, and so he believes the rest of
the saidf company did also. And a glass of '
wine did pass round the said table, as a. health
to the executing of the said- bai'gain and sale^
orlease and rele^e, (which he cannot tell, but ^
one of ti.em it >as.) And this examinant *
farther Faith, that he nevier was presf'ut at any
other consultation willi the before- nama( per- '
sons, or any otli.rs alK)ut the death oi the king,
or his royal high .ess, or the r-'isiiig of any re-
bellion, that this examinant can remember ;
except that being ?e<y treqiicntlv as a (amiliar
acquau'.tance with the said Mr VVc\%i, he hath
often asked him, and the said colonel Rumzey,
whether the great men would do any thing,
and* whether any business would be done;
or he used words to that effect, but they did
constantly, as this examinant remembers, ^-
swer him no, that nothmg wotild be done ;
and the said colonel Rumzey seemed (as this
examinant did apprehend) to be very shy of
him this examinant '; and much like discourse
this cJxaminant hath had with the said Good-
enoughS) but never was, as he remembers, ac^
quainted with the prosecution or particulars of
such a design in the least. And one Nathaniel
Wade also, this examinant hath had some snch
discourse with, about freeing ourselves from'
arbitrary power and popery, by a general
rising, hut any particular ways and methods
fur nie same, or otherwise, tbis examinam
never knew of, or Was privy to. And fiirther
at present thip deponent cannot recollect.
29 Jun. 1683. Robert Blanbt.
Jurat. Coram me, L. jENKms.
The fnrthcr EXAMINATION of ROBERT
BLANEY, July 1, 1683.
Wlio saith, that he saw Ferguson since th«
eavl of Shaftsbury's death, in the house of Ontf
Bourne a brew cr, living in Quecn-street, over
against the lord keeper's ; that it was about a
■quarter of a year since ; that Ferguson was iti
a night-gown, and therefore he believes he
lay in that house ; that the discourse tliey ^ad
was about the earl of ShafUbury and his death.
This examinant saith, that about three weeks
after the earl of Shaftsbury had concealed him-
self, he saw him at a merchant's house, whose
name he remembers not, but the house is in
Wood-street, near St. Albans Church ; the
comer house, having a little yanl before if,
next dour to a house that was one Mr. Bid->
dolfs.
He saith, he knows nothing of the manner
of the earl of Shaftesbury's escape nor of'
Fergusons, nor knows no other places but tho
above-mentioned, where either or them were at
any time concealed.
He remembers that he was twice- or thrice
at the sign of the Sugar-loaf, near the Devil
tavern u ith Ferguson, and once wif h another
person* who he Uiinks was young Shute. about
the time the earl of Shaitsbuty absented him*
987] S7ATE TRIALS^ 35 Chablxs 1L 1683.«» AlrMbic/Jim to the Triab [SSS
self; but that FetffasoQ Was not thm dis-
guu»ed, but in the \\3bit he used commonly to
wear, M'bich was afusaet colour oaaaf^ne coot,
and a brown short periwig.
THOMAS LEE, Djer of Old-street, his CON-
FESSION, Ist and 2nd July, 1685.
I leafing been often in the company of Mr.
John AtlK^ton, he told me, about May last,
that Mr. Geodenouffh. must speak wim me,
and Mr. William Thomas. We went to the
SlalutatioD taYera in Lombard-street, Mr. Good-
enough came to tell us and then drew out
some papers, (but 1 saw not what was in them)
^nd there tola us that our rights and privi-
ledm were invaded, and that some gentlemen
haa taken into oonsideration how to reftrieve
them, or words to that effect ; and did then ask
us whether we were willins^ to assist, and then
told us tliat the city and suburbs were divided
kto 90 parts, and did detire us to see %i bal
mes we coold get, and told us, ihat we dmisI
discourse with them about a foreign invasion
at finrt, and if that took, thm we might know
o£ them, whether they wmihl be wiUing to
assist in their, own perMns, or by money ?
fibme time after we met* Mr. Goodenoogh at
the iUnsteqlam coffee-house in Bartholomew-
lane ; I tM him that 1 had acquainted Mr.
Chaiies Bateman and he desired to speak with
Mr. Goodenough. That Mr. Bat«man told
me I must have a cave, and speak aft a pfreat
distance, that be was wiDing to assist, if he
could see but a cloud as big as a man*s hand,
and after I called on Mr. Batsman, and went
with him to a sea-captain's, and from tlience
to the dldce of Momnouth's house in Soho-
square. As we went, Mr. Bateman told me
that the dnke had told biro, that he was glad
that ever be came acquainted with those Pro-
lealaDt lords ; and did assure me that the duke
was very vight for the . Protestant ^ interest and
thai we need not mistrust him, and then we
catted to see Mr. Goodenough, but were too
late. The same afternoon I weat to see for
Mr. Goodenough and found liimat the Dolphin
tavern in Barmok>mew-lane, and I appomted
him to oome to the King's-head in Switb«[is-
alley in GomhiQ $ where ne came and told me,
that tbey were making ready, and asked
ne what I had done in that matter P I told
lum, not much, because I doubted they were
not prefMOPed wkh money and arms, be tM me
that they bad both. I asked him what store
of BMmey they had ? be told me, 80,000/.
and then we went into company, and talked na
" more about that afiair. Some days after I met
with him again, and he toM me, that be had
aeon Mr. Bateman, and that he hoped he
would be very serviceable, and adied me what
that Southwark man was ? I told him he was
very honest and willing, and that I had spoken
with him, and he desired that he midbt speak
witi) him. I called him, and they mscnursed
(sgether alone, and after that he asked me,
w£o thatandeat gentleman was, itoUhim,
that he yjnS^ an old soldier and that
was Franks ;' he desired me to call him, and I
did, apd discoursed the nuitter, and he not hear-
ing of i| before, was a litde snqprizcd ; b^ft
said, that he waawilhn^ to fight for privilege,
which he thought was invaded, but not for re*
ligion. The next day I went to meet Mr.
CkKkdenouffh at Richard's coffee-hoase at Tem-
ple-bar ; mere I met with Mr. Hone, and he
nad me over to the King's«head tavern, and
there told me, it had been our jpfreat mis^el^
that there had not been an understandiBg be*
twixt the cavaliers and us ; that there wete m
great many brave men about the Temple, and'
tbat the job had been done upon the Blaokbird
and Goldfinch some time before, if it had not
been for an accident that happened at New^
market Soon after came m Mr. Francis
Goo<lenough, and Mr. Hone told md that I
might be tree with him. We discouised about
the mattQr, he said they were makittg all
things in a readiness against their coHiing firom
Windsor, and that he thought they mast gee
300 horse to seize them coming from Wind-
sor- Some time after I met with Mr. Riebant
Goodenough, and asked him what rsadiaea*
tbinfifs were in, he told me that in a few day%
he thought he should have an account bovr
many men they could raise.. I told iHra that I
had spoken with Mr. Rous, and that he coi^d
help them to arms for 100 men ; and that a
way was proposed how to raise 1,000 seamen,
if they woulo be at the charge of a golden
boll to be played upon Blackbeath. He asked
me what the ball would cost ? I told him, X
was biformed, about 19^ He said, if it wera
40, they would be at the charge of it. Then
he de!«u^ to speak with Blr. Rous, and ap-
pointed to meet him at the Kmg's -head tavern
m Swithing's -alley, and they met and went
into a room apart, and afterwards we. went ta
Joseph's coffee-house in Exchange-alley, and
Mr. Rous told me, tbat he would see and get
10 sea-captains to manage that affair. Tha-
next day I met with Mr. Rous at Ae Amster-
dam ooffee-honse, there he ennoke witii twa
captains, as he told me, and nrom tbeace he
went with them to the Angel and Crown iavem
in Tbreadneedle-street, but I did not go witk
them. I saw him afterwards at the Ring's-
head, and he told me, be most have Mr.
Goodenooflrh go with him to Wapping, 1 ac-
quainted Mr. Goodenouffh with it, and he iM
me, that that business of the Tower was left to
some m^n, that understood those a^rs better
than himself, and that they must be in a rea-
diness to do all together ; I asked him what
that was, he toki me they must seize the
Tower, and take the city, and secure the Savoy
and W hitehall, and the king and the dnke.
Sometime after I met Mr. Francis G<iod-
eoough in Westminster-hall, he had me be-
hind KidaJs coffee house, and told me, tbat the
counhry-jrentry were ready, and said, he de-
sired it might nof be delayed long. The next
time I saw Mr. Richard Goodenough, vms at
the King's-head. I called at Mr, Jlenkca, ant
'Kit* n»
3«J
vBdeMood dial be had tanost diMid, tnd I
htk wQvd tbftt I wu gMie thither, uid he
cameto me, and I told him X had -spoke witb
9ae m Old-alreet, and that he was wiUiogto
tssist with money, and another in White-cross-
ttwt, that tfdd me, that he wookl assist him-
mI^ aiulhad arms for .ten men, and Mr. €k)od-
cttough told me, that they wsre ahont smmningf
ap their men, and that they should be ready
in a fortnight OT less.
The EXAMINATION of HICKS, living
IB Friday-stiieet, London, taken before his
Majesty, July 3, 1683.
Who saith, ithat he did hear from Wade (as
he thinketb) that |be city was to be dinded
into parts, and thai Wade UAd him, there would
he a risiae of the papists to cut idl their throats,
to which DC had answered, that he did not be*
here it ; but that the law of nature taught
htm to stand upon his own defiance. And mat
he the emminant further adding^ that this
impnted eril »nd that he would not consent to
it, Wade then replied, he the ezaminant must
perish then by himself.
The EXAMINATION of ROBERT WEST,
of the Middle-Temple, Ban*ister at law,
taken June <S, 1^83.
This esaminant saith*^ he haring a general
ae^natntaace whh those of the city of London,
tb«l are oomnionly called Whigs y observed
about Michaeknaa last a general discontent
smongtothem, bv reason (as he apprehends)
«f the electiMis ttiat had gone beftoreof the
aiayor and sheriffs, and of their apprehensions
if the loss of their charter ; whereon this ex-
imioant fe^^ruigthsit their hearts might trans-
port them to commit some extravagancies, and
to prevent his own family's being ruined by
tbem, was very inquisitive to kirow whether
sny insuireedon murht be designed. And this
ODumnaDt after aeme time, was informed by
tome peraona, who at present be cannot re-
member, that an insurrection was intended in
November het in the city of London, but the
particukupa of it this ezaminant was never ac-
qesinted with ; and he heard soon after that
the design was wholly laid aside. And this
aaminaat ftirther saith, that about the time
his mi^esty eame from Newmarket, in or
aboQt Ocrteber last, be beard that there^was a
deogn to seize the king and the dUke of York ;
but this examinant does not know the place
where, nor the persona who were to act
therein. And tins examinant forther saith,
that abom the latter end of October, or the be-
pMing of November last, this esaminant n^t
vift Mr. Robert Ferguson, whom he bad been
iDUg acquainted with, and the said Mrl Fer-
gfosoQ gave this ekaminant an account of the
great miseries ^e people of Scotland lay
voder, and did believe tlie people of England
woidd suffer the tik^, and popery overrun the
ettioDy unieai the people tbemseives ^ndea-
3
. 16S3«^.^ On Ryt^Hmm PI0L f d<}0
voured to pMvunt it And told this examinant,
that two ways had been thought on (but
named not by whom) one by a general insnbr-
reotion in seveml parts of ^m kingdom, and the
odier a more oomptndkws' and safe way of
takinj^ away the king and duke by aome sur-
prise m some jouniejir. To whidi this exa-
miaaUt answered to this effect^ to wit, that he
Ipoked upon the first method to be impracti-*
oable and ftiU of hazard, the militia, navy,
forts> and ammunitioD being in the hands of
the government, and the people aa it were
naked; and such an attempt might intatl k
bug ond bloody war u(Mn the nation, and
must end in the dcstruotion of the king and
duke, or else it would be vain. And therefore
the second method of taking them off by sur^
ptise was most rational, if ttoe were a neces*
sit^ of doing the one thing or Ae other. And
this examinant ftirther saith that after this
discourse, the said Mr. Ferguaon went iuie
Holland, and after his return ftmn thence, had
several discourses with this examinant to the
same effect, concerainff the deabvyinff |ha
king and the duke ; and that there womd b^
an opportunity shortly of doing it, either upon
the long and duke's going to^ or coming from
Newmarket.
This eocaiyiinaBt fttrtker saith, ^t soon after
the sakl Mr. Ferguson, Mr. Ridiard Goedr
enough, Mr. Richard Rumbal, this examinanL
and sometime colonel Rumtey (so catted) and
capt. Walcott met, sometimes at thia dnmi-
naut's chamber, and sc^melimes at other piaCei
where they need to debate nnd consider of the
method of pilttiDg the design of killing the kinf
and the duke id execution.
And this examinant further saith, ^at nouA
of theperaons above mentioned, save^ Richard
Rumbal only, was to act in person, in the
said attempt, but the said Robert Ferguson,
Richard Rumbal, and Richard Ooodenoughy
undertook to provide the persons to make uie
said attempt ; which persons were to be 40 a^
least, and .50 if they could procure them.
This examinant farther saitbf, dkat thekia
was also a further debate what sort of arraa
should be made use of in the attempt : and «t
was agreed there should be bhinderbusse!^
muskets or daiiiines, and pistols ; but how the
said arms should be cairied down, whether
before-hand, or by the persons on horseback,
this easamiaant does not remember they cam*
to any resolution.
TfaiB examinant further saith, That it jnM
resolved that some of the oeraona who were to
make the attempt should lull one er more of
the horses in the king's coach, and then one
party ehould set updn the coach and shoot into
it, and another party £^ht the guards ; and if
there should be oocasion, a cart should be
overturned in the road on purpose to 6top the
coach.
And thie esaminant further saith, That afteir
the said resolution above-taken, this examinant
was much troubled in bis mind) and endea-
voured to represent aeveral difficulties and
d91] STATE TRIALS, 35 Chauss It. iG^.-^Iniroductum to the TrwU [592
JiiAE^rds in ^he thing, and the ill oonaequeuon
^hereof whether it buecet^ed or not, with an
inteiiti'>D to liave diverted the thing.
And this exaoaiuant farther aaith, That after
jLbe tire at New biarket, and befure the king's
return irom ilienue sooner than was expected,
this ex:imin:uit and the other persons' above-
xnentioued met at this examinant's chamber,
where, because they had no certain intelligence
how ioiig the king would stay tliere before his
retq: :i to London, it was agreed, to the best of
this cxauiioant's remembrance, that the at-
ttmpt should be then wholly laid aside.
And this exam ina t further saith, That some
sbprt liine after tlie king's return from New-
market, there being a discourse at a tavci;fi in
.the city between this exaqunant and the said
Jlumb^il, and one John Keeling, concern-
ing the disappointment of tl^eir said attempt, in
mt having the arms ready ; and the said ICeel-
ing openly mentioning blunderbusses, mus-
kets^ and pistols, this examinant advised^him
to .call the said anns by the names of swhn-
r'ils, goose quills, and crow-quills, that the
wei'ii might not take notice.
And this examinant further saith, That at
^e saiQe tavern, the said Richard Uumball
told this examinant, and the said Keeling, that
thf king cante by his house with a slender
guard ef six horse, much tired, and that six
men well provided might have made the at-
tempt and sncceeded in it.
. And this examinant further saith. That some
fhort time after, it wastagreet) by this exami-
nant, the said Ferguson, Kamball, and Good-
enough, that some arms should be bought to
he in readiness tor any occasion : and because
this exanuoant was no otherwise capable to
serve in any such design, it was proposed -to
Aim, and he undertook to buy some arms ; and
accordingly this examinant bes||ake of one
.Daft, a gunsmitbi ,in 8heer-lacf^/30 case of
pistols,' SO caiiines with belts and swivels, and
.10 biunderbasses, besides bullets and flints, on
pretence of sending the same into America,
but the same were not entered at the custom-
house till Tuesday last, although this exa-
minant did design to hav^ done * so six weeks
bcibre.
And thisexaminant ftiithar saith. That be-
ing at a tavern about three weeks or a month
innce with Nathaniel Wade, Richard Nelthrop,
imdpthers, where the said Mr. Nelthropwas
reading a Gazette, wherein there were rda-
liona of tuniuHs in Cologne, abetted by one
Gulick, the said Keeling came into the room
to speak with one of the oompanv ; and Mr.
Nelt^rop, ifk a i^ns; manner,, called the said
Kefiliug, Galick ; wbereopon the said Keeling
■aid (o this examinant, What think you lor
4U your jesting, ii | and some few more of my
iVi^qds sav^ the city chvter and the nation ?
or words to thjtf effect. To whom thi3 exa-
minant replied, he would do very well to do
so ; but then a&ked him the manner how he
would do it.?» To wl^icb he answered. That no
Mf ^vH kiM»w it till the^ had don^ ; but
hoped he should not he hanged for it : Upon
which words this examinant suspecting the said
Keehng meant some extravagant thing, bid
him ta^e care not to do any foolish thing ami
ruin the Protestants.
And this extoinant further saith-. That aboat
Easter last some discourses were had concern-
ing the making some atteniipt upon the kin^
and duke, between Windsor and Hamptmi-
court, but no resolution therein was ever taken
to this ^examiaant*s knowledge or remem-
brance.
This examinant further saith, That there
was. some considerations lately had how to
make an estimate of the strength of the Pro*
testant party, in case they shouhl be put upon
their own defence; when it was a^^reed tnat
the city and suburbs should be divided into
20 parts,, and that some person if ell acquainted
in each division, should enquire into anci make
a return of the number he sliould find; which
returns are not yet made to the examinant *a
knowledge : and more this examinant for the
present saith not. Robert West,
23 'die Junii, 1683.
Capt. et Rectfgnit, Coram me,
L. Jenkins.
The further EXAMINATION of ROBERT
WEST, Barrister at Law of the Middle
Temple, June 34> 1683.
This examinant saith, That he was informed
of the insurrection in his former exaaiinatioQ
mentioned to have been designed in November
last by Thomas Walcot, who told this exa-
minaot that the same was projected by the late
earl ul Bhaftesbury, and was to have been put
in execution the lOtli of November last, but
that he fookctl upon it as a mad thing, which
he had no thougfnts to engage in ; and al^-
wards told this examinant Uiat it was wholly
laid aside.
And this examinant further saith. That to
the best of his remembrance Francis 8hute»
lately deceased, was the person who acquainted
this examinant that an assassination of the ki]i|^
and duke in their return from Newmarket in
or about October last had been intended, and
that he heard tbe same from Mr. Fergut^on ;
and this examinant asking Mr. Ferguson about
it, the said Ferguson told this' examinant, that
it had not been thought of time enough,, and
therefore could not be done, or words to that
effect.
And this examinant further saith. That he
discoursing with the said Ferguson concerning
the late intended attempt upon tbe Idng and
duke in their return from mw market, asked
the said Ferguson what care was taken to jus-
tify the ^me, if in case it took effect, for that
the other party mi^t in revenge shed a great
deal of blood, and immediately proclaim tbe
princess of Onlnge, \ihich would overthrow
the whole design. To which he answered nie
that care would be taken about it, and that tlio
lord mnjror wd sheriffs apd m<Mt of (h^ (Km^
This ezaminant itnrther saith, Tbtt Robert
Fergason in bis two former examinations
named, told and sent this examinant word by a
note, that if this examinant would send to
major John Wildman (commonly so called) he
would pay 100/. for the arms iu this exami-
nant's farther examinations mentioned to be
bouffht by this examinant ; and this examinant
not beings willing to speak with the said Wild-
man himself, sent Ricnard Rumbald to receive
the money ; but the said Wildman was eone
out of town before the said Rumbald did cul at
his house. And this examinant further saith,
that upon some discourse at one of the meet-
ings in bis former examinations mentioned, it
was proposed, whether some of the diief mi-
niaters of state, jM^rticularli^ the Lord Keeper,
the lord marquis of Halifax, and the earl 43if
Ro<^he8ter that now is, should be killed,''and it
was agreed that it was rery necessary they
should be killed; but no particular persons
were appobted to do it, as this examinant re-
members, it being thought almost impossible
for any of the said ministers to escape. ' And
further, this examinant saith not.
85 Junii, 1683. Robert West.
Cap. et recognit. Coram me,
^ Fr. North, C. S.
393] STATE TRIALS, 35 Charlei II. l6S3.-/<ir the Rye-Bouse PhL [394
^^J^^^J^^ul^'L^^ Thefurther EXAMINATION of ROBERT
enmmain oeared to know what persons were iwcrri ^i i. ¥ j ir ^i.
to be concerned, be bad this exSiminant ask^ ^^^7' ^J^ "^ ^'^ Keeper.the
no quettk^, for things would be managed *^"* •'"°®» ^^^'
weD, as he said ; and that if London was se-
enred, ail England would ftll in.
And this examinnat further saith. That when
dns examinant asked the said Ferguson whe-
ther any declaration was preparpd to- be pub-
lished uDon such occasion ? he told this exa-
aiuutt tnat it had been considered of and was
ready, and would be printed ready to be dis-
persed : but when this examinant asked him
how it ahould be done, he answered it was a&-
ftuedty so, but this examinant must ask no
yiesliww.
And this examinant iurther saith. That be-
Ibre this examinant bespake the arms men-
lioiied in his former examinations, the said
Ferguson told this examinant that he wonM
r' e this examinant money to pay for them, for
had 500/. or 600/. at command, but he paid
not the money to this examinaht till about three
weeks or a month since, and then paid it
to this examinant in ninety-three guineas,
bat would not teU this examinant of whom
he had the said money. And this exami-
nant further saith. That the said Ferguson
told this examinant that the Scots intenckd to
■take some insurrection in Scotland this sum-
mer, but were not well able to do so without
the assistance of 10,000/. or some other great
sum to buy arms for them, which he had hopes
ef getting ISof them, and that thev expected, and
he hoped they woukl be secomM by a party
b fii^laiid both in London and in the northern
and western partB. And when this examinant
asked him what persons of note would engage
in it, and what method they would use, he an-
swered, ' First let us sound our strength, and
* if there be encoiuragement from that, you will
* not want men of quality to take their post,
' but yon must excuse me from naming of ttiem
' till there be oceasion.' And this examinant
farther smith, that though he frequently en-
mred whether anv money had been paid to
me Soots, he could not certainly be informed
that any money had been paid.
And nirtfaer saith this examinant, That the
anns in his former examinations particularly
mentwoed were directed by the company then
present to be beipoken.
Ami further mis examinant saith, That be
hath been often in company with Mr. Edward
Korton, of Dorsefeshfkffe, as this examinant doth
Miere, with Nathaniel Wade, a barrister at
hw, and Francis Ooodeaough, an attorney at
bw, at the Castle^^vwim, in Fleet-street, and
at the Green^dragon tarem imon Snow- hill ;
where soid^ disouurdes were held concerning
an hisurrectioEi m Scotland, and of one in Ene*-
land, if there should be occasion or be thouglit
requisite; at whic^-time the said parties last-
mentioned, declared they would not be wanting
to aci their parts therein. And this examinatit
further saith not. Robert West.
^ Junii, cap. et reootfnit.
Coram me, L. /sNiUNa*
The fiirther EXAMINATION of ROBERT
W£^ of the Middle-Temple, Barrister
at Law, taken before Mr. Secretary Jen-
kins the S6th of June 1683. .
This examinant further saith, that some
time in the last spring, and to the best of thlk .
examinant's remembrance, whilst the king was
at Newmarket, Francis Shute, late deciSuted,
came to thi^ examinant with a message from
the lord Howard of Escrick, as he told this
examitiant, to this effect, yiz. That the lord
Howard had a project for raising a body of men
to make aii insurrection, and desired this exa-
minant's concurrence and assistance in it ; and
shortly after, the lord Howard and Mr. Shuts
came to this esoaminant's chamber in the Tem-
ple, whece the lord Howard told this exami-
nant, that except some effort were made by the
people towards saving their liberties and reli-
gion, all would be lost ; or used words to that
effect. And this examinant telling his lord-
ship that he saw no way of doing so, that did
not endanger the people more in case of a mis-
carriage, nis lora^ip told this deponebt, he
had tho«ight of a method feasible in his opinion,
and it was thb, to the best of this examinant's
remembrance, riz. that 10 men of skill and
conduct in martial affiurs, should meet and
each chuse to himself 10 men whom he mi^ht
use, that every of these 10 men should raise
80 men, so as to make up a body of 2,000
men : that empty houses should be taken for
these men, as near the several gate»uf tbe city
^95] STATE TRIALS^ 55 Chables IL l683.—
i^ the Trhb [$96
imd other eonTcnient posts, as could.be; that said ipMflMDger should be kflted, and his gtmem
the niffht before (he execution intended* the
men should be fi;ot into those houses, and ac-
quainted with the execution; such as Tef used
should be dapt into the cellars, and the rest
aallv out at the' most convenient hour, and seize
and shut up the gates, and then demand the
inhabitants arms ; and he doubted not but they
would deliver them and people enough come
into assistance. His lordship named col. Rum-
zey,' col. Danvers, Mr. Clare and three others
whom this examinant hiatth forgotten, for 6 of
^e priivnual 10, and desired this examioaiit to
speak to uiem to ooni^der of the pit^ect and fiU
up the number of 10 ; but this examinant hay-
ing no mind to engage in it, only told ool.Rum-
xey of it, and none other of the parties abo^e-
Damed, who told this examinant ne would not
meddle iq it, and advised this examinant topro-
ceed no further ; and wheo the said lord How-
ard came to this examinant for an apswer, this
examinant told his lordship, that he coald meet
with no encouragement ; whoreupon his lord-
ship repBed he could make as good a shift as
other men, and he would troume himself no
iRirther, and came not since to this examinant.
And^ this examinant further saith, that the
said lord Howard at another time toldthis exa-
minant at a tavern in the eity, that he thought
it no difficulty with 500 horse to surprise the
king:, duke and all the court at Newmarket, |by
beating Op their quarters abont break of day ;
but this examinant told the said lord Howard
it was impossible to get such a body to so gpreat
a distance unobserved, ti whiih his lordship
teemed ooavinoed.
And this deponent further saitb, that the said
Ferguson told this examinant that the arms to
be Iraught with the said 10,090/. lay ready pro-
vided in Holland to^be transported for ScotlaJid,
and that the earl of Argy le would go over with
them and head the S^rts in person ; and that
One English lord olfered to pay the whole
10,000/. by mortgaging his estate, if the rest
. o^ the managers would have secured him their
IiroDortions. But he should not name the
onys name, then but since the said Fei^uson
told this examinant it was the lord Grey. And
furtoer this examinant saith not.
36 Junii, 1683. Capt. Robekf West.
ei Cognit. Coram me,
h. isIilUNS.
The ftiriher EXAMINATION of ROBERT
W£9r^ the Middle Temple, Barrister at Law*.
This examuiant saith, -That be was informed
by Mr. Fereusoo, and to the best of* his re-
membratice^ by.col. Romzey lifcewiie, that the
late earl of ^aftsbury advised the duke c^
Monmouth wheii he went into Cheshire in
September last, that if his grace wei« attended
with a good appearance of gentlemen and free*
holders there, Jliisumee should set vp and de»-
oUreformlree parliament^ And that when his
graoe was taken into custody by a memenger,
the said eaii of fihaasbury adviaad thm the
return into Cheshire, and dedara as above, ov
dse post into the west of £ngf and and set up
there. But shis grace, and the lord Grey Ji
Wark, were of aiMther opinion, ^is. That his
grace should surrender himself, which his grace
did accordingly i.
And this examinant f ortfadk* saith, That sine*
the> insurrection inteeded in November laet was
laid aside, this examinant was informed by ooL
Romzey, that one great reason of its being laid
aside, was^ that one Mr. John Trenchard on
whom there was a great reliance for a oonai-'
derable body of meu in the west, viz. at Taun-
ton, would not undeitake to procure soch m
body^ for which he was much reproached by
the lord Gr^.
And this examinant further saith, That soma
time before Mr. Ferguson went over into Hol-
land, the said Ferguson, this examinant and
one Mr. John Roe late sword-bearer of Bristol,
were together at the Younff Devil tavern ua
Fleet-Street, where some discourse wae bad
concerning the killing the king and duke of
York and of a genml insurrection ; but thin
examinant cannot remember any particular
passages of that discourse. '
And this examinant further saith. That after
the said Ferguson went for Holland, viz. about
Christmas iSaL, col. Romzey, this examinant,
Richard Goodenoogh and the said Roe, several
times met and discoursed concerning the said
design . against the kinff and duke, as also of «
geoeral iaaoirection, wnich. thev distingoaehed
by the names cf the liOpiMng Point, and Ge^
nieral Poiqt : One of which meetings, to ths
best of this examinaot's remembraaoe, was at
this exanUnant^s chamber in the Tem|de, wkers
were present besides ooK Ronooey, this exhmi*
nant, the said Goodenongh and Roe^ Mr. Jo*
seph Tyley, Mr. Edward Norton, and Mr.
RMdianI Nehhrojf. And the said Mr. Nel^
throp approved ot an insurrection, but alwmvs
expressed a detestation of the design te kill the
king and duke, as a base ungenetoue thing :
But ^be said Roe dedared> he woaU be one to
exeottte it rather than it snould fail to he done.
Aud this examinant eaith, That at some or
all of those meetings it was discoucsed in what
place, and in wh^ manner the saki diw^s
against the king and duke should be pnt m
execution; ana it ivas pronosed to.be done
either in the playhoilsef by pMntiog men in the
pit about the King's box* armed win pislob and
pock^blttoderbussesi who between the adt
of the |day should make the assault, or m their
return.trimi the playhouse by night under Bad*
ford garden watf ; oecaoae of the coBvenienoe
for one part of the assailantelralking unsua*
peded in the niazza and another waDcmg so im
the square within the raUs, and another h&ng
about the church porch, wlio npon the first
asaaolt might prerent anataiice to the king
out of Covent-Garden : Or flee it might be
done as the king and dulse were pasamg.down
the river in a bMge, either by overrunning their
barge with a hoy, or else boaiding their barge.
S97l STATE TRIALS, 35 Chaeus H. l685^/0r the Jfye-Hauu PM. [391
aad sbootiiig m plank or two out of the bottom
irit|i bHnkkrinMses, and so to sink it ; but both
tksse wmyt were looked upon ss very hazard-
ous aiid probable to miscarry, and therefore
■either was agreed od. '
And this exaeaiQant ftiiiber saitb, Thal^ in
the last Christmas holy 'days, col. Romsey in-
vited this exanunant, ioA several others to din-
•sr at his house in King's squaie in 8oho-
fields, where dined this exarainant, Mr. Rich-
ard Geodenougfa,. Mr. Francis Goodenougb,
Mr. Roe, Mr. Blaney, and to the beat of
this examinant's remembrance, Mr. Joseph
9^ley, and some discourse was then had of toe
said desiffn against the kin^ and duke, and of
a geneFaT insarreetion, which this examinant
icoposed to them, being lawyeis, to call and dis-
tinguish them in this manner ; the design of
kiiCng the king and the duke, e^iecnting a bar*
gain and sale, which was a short manner of
coflTveyance ; and the general insurrection, by
the exepiting a lease and release, which is a
longer conTeyance, which distinction was re-
ceived, and onsn afterwards made use of; but
die same Bfainey was never afterwards, as this
examinant remembers, at any other meeting.
And this examinant further saith. That some
sheet time after Christinas last, this examinant,
eol. Romsey, Mr. tValcot, and Mr. Rambold
net at the Salutation tavern in Lombard street,
whiflre it was diaoouned, that some preparations
•fight to be made against the time, that either
the said design a^nst the king and duke, or a
Eieml iasmreetioo should be pot in execution :
dit^ was agreed, that Fergvnon should be
sort lor home, and that Ludlow should be sent
fer if it could be, and that blank commissions
should be drawn up for officers both civil and
aufitary and a model of government ; but there
was some doubt in whose names those eom-
nicdflBs should run^ and at last it was proposed
(but tilts- examinant does not remember by
wbom> diat they should rhn in the name of the
dwMerafte Lords and Commons of Engfland.
After whidi meeting, this examinanA and col.
Romsey went the same night, to the best of
this cxaminant's remembrance, or soon after, to
a coffee house in P^pes-head alley, to enquire
ibr one Mr. Thomas Shepard a merchant, for
direeteis how to send to Mr. Ferguson then in
HoIlaiMl, and there found Mr. Shepard. And
^b examinant, by the consent of toe said col.
Romsey, wrote a sort of canting letter to Fer-
guson, to invite him over fbr his 'healQi, but
there was no particular business in the said
letter ; and the said Mr. Shepard sent it : But
Mr. Ludlow was never sent for, nor anv com-
misskms prepared, nor any frame of govern-
ment drawn np to this examinant's knowledge,
or as be ever heard of.
And this examinant further saitb, That
Aeut Christmas last he was informed, to the
best of dtis esfarainant's remembrance, by coh
Romzey, that a dezdgn for a general insurrec-
tion was parrying on, and was managed by a
cabal or council, * and that the said <mbfil dif-
fered amongst • themselves^ and the business
washketobe at a stand; but the persons cf
that cabal, the said eol. Romzey did not then
give this examinant any account of: .but the
said col. Robisey, Uiis examinant and Natha-
niel Wade agreed tonlraw up some few funda-
mentals, which they thought reasonable, and
the said col. Romany to present the same to
the lord RusssI, for hmi to present to the ma-
nagers or the duke of Monmouth, which they
dial accordingly, but the same were rejected, as
the said col. Romzey told this examinant, and
this examinant hath no copy of them.
And this examinant ftirther saith, That
about Hilary term last, this cixamtnant vras
informed by Mr. Joseph IVlf^, and aince by
James HoUoway of Bristol, that there vras a
consideAble party in Bristol, well provided
dor, and almost impatient for notion, and had
laid a rational design, if they could be seconded
in other places.
And this examinnit ftutber saith, That be
was informed by Mr. Richard Nellinrop, thai'
col. Sidney had sent Aaron Smith into Soot-
land, with letters to sir George Cambd, and
sir John Cochran, or one of them, upon pre-
tence of a purchase of land in CaroUna, but in
truth, to get them np to London, in order la ■
settle matters for a rising, or na^ woids to
that effect ; and that the said col. Sidney gave
the said Aaron Smith founcore gumeas, or
some sueb sum for his charges ; and Mr. Fer-
guson bath since told this exammant, that the
said Aaron Smith behaved himself very indis-
creetly in the said journey, and run a haaafd
of discov ering ftie design.
And this examinant further saith. That Mr,
Ferguson often told this examinant, that it
was agreed between several Scots and several
persons of quality here in England, that die
Scots should have 10,000/. from hence to buy
arms, and then should rise in Scotland, alid be
seconded here by an insurrection in Engfond ;
or if the English would heip^ the Scots to
^,Q00/. they would attempt a rising in Scot-
land, without being second^ in, or further as*
sisted from England* And that the 10,000^
was to be paid this day and that day, but at
length the 10,000/. sunk to 5,000/. but 'the
Scots were rest>hed:to rise though they had
nothing hot their claws to fight with, rather
than endure what Ihey did. And about three
weeks or a month sinee^ the said Ferguson
told thisexammant that ccl. Sidney and major
WiJdman had used the S(^tsill, and 'brakes
with tbera idler making them attend twn
months ; and the reason they broke Upon was^
That the Scote would not agree to declare for
a commonwealth and the extirpation of the
monarchy, but ,that the said Fergtison had
hopes of raisinsf the mpne]^ otherwise, but
would not tell this examincoTt how ; neither
could this esaminftnt ever be certainly inform-
ed, whether any part of the said money has
been paid to tl»e Scots. And this examinant
farther saith, That Mr. John Roe hlith toW
this examinant, that he the said Roe was ac-
quainted with someBcoteblDe^ here in London,
399} STaT£ trials^ 55 Charles 11. \eti$.^Iniroductum to the Trials [400
who informed hkn that there were 2,000 or
3,000 Soots (many of them Bothwel brid^
men) who were ioumey-meii and pedlars in
and about Eoglaad, and were under the order
and management often or twelve Scotchmen
in London, who could in a month or six weeks
time draw-in all up to London : and that the
earl of Shaftsbury had a great command of
these men.
And tnis exaitainant further saith, That about
three months since or thereabouts, this exami-
nant being upon tlie exchange, met with
major WildmaD, who told this examinant for
news that the marquis of Huntly and earl of
Douglas,, two eminent Papists, were reported
to be made.g^eral of the lorces,. and governor
of Sterling castle in Scotland, and that a re-
sumption or repurchase of the abbey lands was
going to be madei, there. Whereupon this ex-
aminant told the said miyor Wildman, that he
this examinant had a plantation in America
where the churchmen ncTer had footing, and
would go tbither if he was driven trom hence.
To which the said major Wildman replied,
Jceep here, and don't talK of bein^ driven out,
drive them out hence. And this examinant
■ay ing, he di4 not see how that could be done :
the said major ^Vildman returned, it may be
done, and must be done, and shall be done ;
or used words to that effect
And this examinant further saith, ^That Mr.
Rumbold told this examinant not long since,
that nuijor Wiidman had shewed him a paper
fn the nature of a declaration or remonstrance,
which he intended to have printed and dia-
Bened among the people at the time of the
intended insurrection ; and that he the said
Wildman had formerly encouraged the* said
vRumbold in the ^attempt .upon the king and
duke in their wav to or from Newmarket, but
afterward seemed to discourage him.
And this examinant further saith, That after
die fire happened at Newmarket, and this ex-
aminant, ool. Romzey, Walcot, Ferguson,
Rumbold, and Richard Goodenough hs4 met
twice, and resolved to let making any attempt
inpon the king and duke alone. The said
^Wguson on Saturday or Sunday before the
king's return, borrowed forty giimeas of col.
Romzey, as the said col. Romzey and Fergu-
fon have since told this examinant, in order to
siet the same on work, but did nothing in it ;
and hath since repaid 30 guineas; if not the
whole 40 guineas to the said ool. Romzey.
Andthis examinant further saith, Tbataf^
the king's return irom New/narket, the said col.
Romzey, this examinant, Ferguson, Rumbald,
Goodenough, and Walcot, as this examinant
JMieves, met at the George and Vulture tavern
on Ludgate-HiU, where the arms in this exa-
minant's former exilminations mentioned and
the sorts and sizes thereof were agreed upon :
^nd the i^d Ferguson told the company that
4>ne was employed to see for some convenience
between Hampton-Court and Windsor, to make
the attemot upon . the king and duke, biu he
Mver made any report of the message, though
he was pressed to it by this, examinant and
others, being then wholly intent, as this exa •.
minant perceived, upon managing die Scotch
insurrection.
And this examinsnt fiitlier saith, That sooia
afterward there were seveml meetings between
all or mostoftheparties above mentioned, at the
Castle tavern in Fleet -street, and Green Dragon
tavern on Snow-hill ; but this examinant doth
not remember any particular discourse at any of
the said meetings, other than concerning the
progress of the Scotch preparation towards an
insurrection.
And this examinant further saith, Thatther^
was since proposed making an. att€m|>t upon
the king and duke in their return from the .
duke's play-house in the narrow part of the
street, but the same was wholly rejected* and
this examinant never heard «if any attempt de-
signed to be made upon the king and daxe at
a buli-fesst, nor never heard that a bulMca^i
was to be had till about ten or eleven days
since.
And this examinant further saith. That the
said Ferguson told this examinant >that the in-
surrection in England intended to second that
in Scotland would be in this manmn-, viz. That
one par^ should be up in the West, at
Bristol, Taunton and thereabout, another in
Yorkshire at York, another in Cheshire at
Chester, and if it could be dope, another in
Devonshire at Exeter, in every of which places
some persons of quality would appear, but
named them not, and that the main- push was
designed at Londou, and was ordered thus, viz.
That several parties should at once attack the
Tower, the guards and the Exchange, the
Mews, the Savoy and White-hall, and one at
Westminster should lall upon the bade of
White-haU, that a party of horse should be laid
at Staines Bridge to way-lay the kingand duke
if they went towards W indsor, an«l anotherparty
of horse to way-lay them in their road to rorts-
mouth if they went thither ; that the mayor and
sheriifs should be seized, but the design wasnot
to he communicaied till it was ripe for action^
and added, that he hopeil the duke of Monmouth
and lord Russel might be prevailed with to ap-
pear in Iy>ndon.
A ad this examinant ftirther saith. That after
the Septs wen^ disappointed of the odoney pro-
mised to thein, the said Feignson would have
had this examinant to have met and discoursed
with sir Thomas Armstruog, but this examinant
refused to do so ^ and he once asked this exa-
minantto wait upon the duke of Monmouth, but
this examinant refused that also.
And this examinant furtliersaiih. That though
the said Ferguson was shy 9f naming persons
of quality to this examinant, yet he always be-
lievied he meant the duke ot 'Monmouth, lord
Russel, lord Grey, col. Sidney, Mr. Charieton,
migor Wildman and others, but this examinant
never discoursed with any of them himi^elf.
And col. Romzey about two or three montlis
since to the bestof tfai^ examinant's refuembrance
told this examinant that the lord Howard of
401 ] STATE TRIALS, S5 Charles \L 1 683.-/or Me tiye-Bouit Phi. [402
Sserik, cpl. Sidney, Mr. Bampden janior,
irnkjor WiMman and others irhoni this exami-
Bant hath forgotten, wflre managpera of the de-
And thii examinant farther saith, That
Richard Rombald vas commonly called Hani-
M b^ reason of bis haying but one eye, and
that It was asnal at the meetings abovemen-
lioned to drink a health to Hanibal an^ his
boys, and this ezaminas^ belierestbe 93 guineas
m this examinant's fbrmec examination men-
tioned to be paid to him by the said Ferguson
ftr ^ arms were eivento him by Mr. CEiarle-
ton, for that the said Ferguson had before told
Ifass examinant, that he should have the said
money when Mr. Cliarleton came to town,
and when the said F^ergason paid the said
ffoitteas to this examinant, he told him he
nad not had ihem in his custody above half an
hoDT, and thn examinant met the said Charle-
ton going from'^him when this examinant came
to him.
And this examinant further suth. That about
five weeks since after the said treaty with the
Soots seemed to be broken off, this examinant,
col. Romzev, Mr. Walcot, Mr. Wade, Mr.
Norton, RicDai*d Gdodenough and James Hoi-
loway, met at the Young Devil tavern between
'Ae two Temple gates, where it was agreed to
divide the city into several parts, and to give the
several parts to several persons to examine what
force might be raised in every one of them,
and if 3,000 men could be raised for the
first onset, it was thought sufficient encourage-
ment to venture upon an insuri*ection, and it
was not doubted but 20,000 men would fdl in if
tbe first onset had any success ; and in order to
this a largre map of the city and suburbs
was bought and hung up in this examinaut*s
cbunber, where Mr. Wade, HoUoway and
Francis Goodenouffh divided the city and sn-
bnrbs into twenty divisions, which were to be
managed thus : one principal man in each di-
vision sl^ould employ 14 or 15 under him and
give them their particular 'n':alk8, so that they
might not inter^re one with another and be de-
ceived m their numbers. These were to pro-
vide ten men a-pieoe at least^ so that 150 men
in each division Would make 3,000 out of the
twenty divisions, and what was over mi^bt be
keptror a reserve, but there was no particular
m^od as this examinant remembers a^*ced
npon to use these men, but was deferred till the
number was certain, ailer which division so
'aaade, the said Richard Goodenough by reason
of his general acquaintance undertook to find
out men to act accordingly, and some short'
time after the said parties alwve mentioned met
at the Green Dragon tavern, where the said
Goodenough decls^ he hadeknployed several
persons from wliom he hoped to have a good
account in a little time^ and tlie next week after
tbe said parties abovementioned and one Mr.
Zachary Bourn a brewer whom tbe said Good-
enough bad employed in it, met at the Salutation
tavern in Lombard-street, but this examinant
eame not tfaiUier till the company just broke up,
VOL. IX.
and did not hear what passed there ; and about
a week after the same parties, except HoUoway
rwfaowi^ gone to Bristol)' met again at the ,
Green Dragon tavern on Snow-hill, where tha
said Goodeiijough report^d that he had an fic-
count of 1800 men out of two of the hamlets,
and that Souiliwark would yield more, an<|
Spittle- fields a great number, but had no par-
ticular account of other places.
And this examinant further saith, That abont
three weeks since Richard Rumbald told thi»
examinant that he suspected Mr. Keeling Had
discovered all the designs, as well that of the
intended assassination from Newmarket as ^he
other design then on foot, and that if he were
sure of it he wonld take care to got him kno(^^
on the head, but was unwilling to do so till he
were fully satisfied, and about a fortnight since
tiie said Rumbald told this examinant that h^
had several reasons, to convince him that the
said Keeling bad made a discovery, and but thaft
he made so many protestations and in>preca-
tions to the contrary he would kill him. AnA
this examinant hath heard from Mr. William
Rumbald, that he lent tbe said Keeling 100^
on Saturday was senn'ight last, lest flieswd
Keeling should be tempted by want of money,
which he thei^ pretended to labour under. And
on Monday was senn'ight last, this examinant
was informed by the said Mr. Wil^am Rumbold
that the said Keeling was with persons that af-
ternoon, some of whom he neliey^ would
have killed the said Keeling if he had not de-
ceived them by many impi^ecations that he'hal
made no discovery. And this examinant further
saith, that this examinant, col. Romzev, Mr.
Wade, Mr. Nelthrop, Goodenough, and Norton *
had notice on Sunday senn'ight last, by meant
of the said Keeling's brother, that the said
Keeling had made a discovery, and thereupon
they r^olved to meet early the next morning ...
in order to their escapes, and according to theur
appointment met in G6odmans-fields, where
they endeavoured to hire a boat for Hollaudl
whither all except this examinant were resolved
to go, but by reason.they could not g^ clear of
Gravesend before five or six o'clocK on Tues*-
da^' nio^ht and so might be taken, they laid
aside that design, ana every one shifted for
himself.
And this examinantfurtlier saith. That when
this examinant was much dejected, and refuse*)
to go for Holland, most of the company, and parr
ticularly col. Romzey, looked wistfuDy in this
examinant's facp, as if they suspected U-eacbery
in this examinant. ' Whei'eupon this examinant
told the said col. Ro'mzey,this examinant, if he
were taken, would not save his life unjustly,
and instanced that he had never spoke with <
the duke of Monmouth.. and could say nothing
against him, and would not do injustice to tb^
colonel but rather give his right-hand to serv«
him ; which compliment the colonel returned,
and so parted, and there was ho agreement be* .
twe^n all or any of the parties abovenamed to ^
favour one another, and turther this examinast
saith not>
2D ^
A I
403] STATE TRIALS, 95 Chaeles If.
The furtficr EXAMINATION of ROBERT
WEST of the Middle Temple, Barrister at
Iaiw, before die Lord Keeper the 27th
June 1683.
This examtnant further saith, That Mr. Rd.
Rumba Id and a party of his friends about tea
\ ears since designed and were prepared to have
killed the king and duke of York m their jour-
ucy to or from Newmarket, and lay in ambush
for that end, but the king; and duke went an
unusual road through tlie forest that time, which
they never went before or since, and so escaped .
.them, and the said Rumbold also told this exa-
mioaQt that he once had a mind to have taken
one of the cellars under the duke^s play-house,
and by placing barreb of powder there have
blown up the play-bouse uben the king and
^kc were there, but the consideration that a
great number of other innocent people must
avc perished in it diverted him from it, thougl)
a friend to whom he commuuicated the design
endeavoured to overrule that objection by say-
ing, '^ ^Vhat have the jack-daws to do amongst
the rooks?'
And this einiminant further saith, That at
some meeting before or abou^ Christmas last
there Avas a discourse coucerniug surprising
some garrisons in case of an insurrection, and it
was proposed for Portsmouth, that some gen-
tlemen should go into tlie town and treat the
oiBcers of the garrison, who in that bad air
were apt to accept of an invitation and drink
plentimlly, and that in the height of their drink-
ing a party of men who .might be brought into
town on a market-day in country-men's habits
should surprize the guards, who Uke\rise to
that end should be treated, aud it wa? thought
the town.%men who were uneasy under the inso-
lancies of (he ffarrison would be apt to close in
and assist in the enterprize. Pendeuis Castle
was also mentioned as a place naked and easily
seized, and tliat might be of great use : and this
examinant doth not remem&r any thing said
About Hull, but Mr. Ferguson lately told this
'ifexaiuinajit that he had good assurance of having
Ne\vca3ite.
And this examinant further saith, That af\er
the intended insuiTection in November la^t was
laid aside, Pcrgusou to the best of this exami-
nant's rememhrauce told this examinant that tiie
lord ShalUbnry hail sent 3Ir. VValcot tosh- Wil-
liam Co£;rtney in Devonshire, to engage him
in an insurrection, and to. join withstane person
of anality if it should bethought tit to send one
thitner, but Mr. Walcot retni*ned w ithout any
encouragement from sir William Courtney:
and thoug'h this examinant knew- that the said
Mr. Walcot sook a journey into Devonshire,
yet the said Mr. Walcot kept the business of it
close from this examinant, aud would own only
making a visit to a friend.
And this examinant ftirther saith, Tliat the
S laces usually resolved on for placf« of ren-
ezvous in case of an insurrection in Lon-
don, were Saint Jameji-8quare, Covent-Gar-
4en, lincofai's-inn-fields, Stnithfleld,the Royal
1 683.-- UUroduetian to ike Trtoft [4G4
Excbai^, Saint George^s Fields, in Soatb-
wark, Goodmans- Fields, Spittle-Fields mnd
Moor- Fields, where t^^e arms in the artillery
ground were to be seized.
And this examinant further saithy That Mr.
Roe told this examinant that he had iliiooim*
ed with one Mr. Ilicks a tobacconist, an Ana-
baptist preacher, a ffreat ringleader of the Ana-
baptists, and that the said Hicks had told hina
that the Anabaptists could, and he believed
upon a i^od consideration would make up an
army or20,000 men, and 1,500 of the S0,00O
would be horse, and though 'perhap* thera
\i ould be a necessity of making use of Mmi«
great men at the beginning (and this exami-
nant. thinks he mentioned >the duko of Mon*
mouth) yet when the Anabaptists were onoe up,
thev would not lay dowH their arms till they
had their own terms.
And this examinant further saith. That to
the best of his remembrance he nas informed
by colonel Romzey, that the managers of the
general insurrcctian had one or more meetings
at the house of Mr. Thomas Shepherd mer-
ehant in Abchurch-Lane or St. Clements-
Lane in Lombard street London, and that it
the money were paid to the Scots the said Mr.
Shepherd was to return it into Holland, and this
examinant to the best of his remembrance, onoe
o^ twice asked Mr. Shepherd whether any mo-
ney were paid, who answered it was promised
several tunes but he had not any assurance of
its being paid. And this examinant belieTes
the said Mr. Shepherd did know of the intend-
ed assassination of the kin^ and duke, but
doth not remember that this examinant bad
any paiticular discourse with the said BIr.
Shepherd aliout it, the said Shepherd havings
failed to meet tliis examinant^ col. Romzey,
and others several tiuies when he had pro-
mised to do so.
And this examinant further saith. That Mr.
Ferguson to the best of this examinant's re-
membrance told this examinant siuce the kinjr
ncnt to Windsor, that there had been som«
thoughts of surprizins: Windsor with 500
horse, but upon consi()eration it seemed im-
practicable, but he named no persons to thiy
examinant.
And the said Ferguson desired this exami-
nant to speak to Mr. Richard Goodecongh to
meet sir Thomas Armstrong, which this ex*
aminant did, and this examinant beUeves the
said Goodenough aud sir Thomas Armstrong'
have had several meetings, and the said Good4
enough hath communicated to sir^ Thomas
Armstrong the design last carryin&f on for
raising 3,000 men out of the twenty divisions of
the city and suburbs, and the progress that
w^ made in it.
And this examinant further saith, * That al
one of the meetings concerning the last men-
tioned design Mr, Richard Goodenough rc-
^orteS one man (but would not name him) would
undertake to bring 1,000 men out of the ham-
lets, and if occasion were to give satLifaction he
would shew them all a football match or other
405] STATE TRIALS, $5 Cif arl«s If. l683.-r/iM* ihe Rfe-House Plat. [40»
. le. but the said Goodemmgb reported
ividud that he ioand loqct perwns insLst upon
terms, and reqahed toJcDOwr what ease and ad-
vantage they should have in mauers of religion,
thdr liberties and properties, and what assu-
rance they should hare of their beiog^ perform-
ed before they woulil actually engage in arms,
fcr they would' not fight to change persons
only, but thfaigs ; but whether any thing was
done in order to give tliem such satislaction
this examinant knows not
' And this examinant further saith, That the
inadnmentals in this ezamiDant's last exomina-
tion mentioned to lie prepared by ftlr. Wade,
«o!. Romzey and this examinant, were only
rough drawn up by the said Mr. Wade's own
hand, and this examinant did not write them,
wt had any cop^ of tbem, because if they had
been ^>proved ot, it was intended to have drawn
ttem mto form, and therefore this examinant
cflVMt set them forth exactty, butto the best
of this examinant's remembrance the substance
of them was to the effect following.
1. That the people should annually meet at
a certain time to choose members .of parlia-
ment without any writ or particular direction
to do 80.
9. That the parliament should meet at and
lit for a stated bme, and not to be dissolved, pro-
rogued, or adjourned, but by their own consent ;
and that no proro^tion or adjournment should .
hinder their meetmg before the day to which
foey were prorogued or adjourned, if there
were occasion^
3. That the parliament should consist of a
House of Lords and a House of Commons, but
the exact number of both or either of them,
lUs examinant doth not remember.
4. That only such nobilit]^ should be here-
ditary as were assistiiu^ in this design, the rest
ibould be only for lifo, and upon their death
the House of Lords be supplied from time to
time with new ones out of the House of Com-
mons, but whether by the election of the lords
or of the prince this examinant doth not re-
member.
5. The militia should be in the parliament,
sod the parliament have the nomination if not
the election of all judges, sherifi, justices of
peace, and other greater or lesser offices civil
or military.
6. That what acts passed in botli Houses
ibould.be a law for one year without the
mince's content, and what acts passed both
ttooses in two several parliaments should be a
peipetual law without his consent.
7. That a council to the prince should be
deeded out of the jiarliament, a certain num-
ber of the lords to be elected by the Commons,
and a certain number of the Commons to be
deded by the Lords, but the number of the
eooncil, or of either Lords or Commons to be
if it, diis examinant doth not remember.
And this examinant further saith. That be-
fore the said Feiguson went for Holland this
examinant pressing him to know whether the
liofce of BlooBioii3i were acquainted with the
design against the Idng and duke, and would
not Bang all f>ersons concerned in it ii' it suc-
ceeded, the said Ferguson said, \\ hat if 1 get it
under his hand that he shall not 'f To which,
this examinant answered it would be sufficient
satisfoction, but when the said Feiguson re-
turned from Holland, and tikis examinant
pressed him again to have security tit to he re-
lied on, he asked this examinant. Whether that
were fit to be proposed to the duke? And tikis
examinant saying if he durst not jiropose it he
thought other men ought not to \ enture upon
it: whereupon the said Ferguson said that he
bad mentioned something concerning the king
to the duke of Monmouth, but not assassinating
him, to which the duke answered somewhat
sternly. You must look upon me in the capa- >
city of a son ; which answer tor some time
dampt th^ design and always clogged it : but at
length it was resolved, that if the duke did pro-
secute the actors in ii, that the duke himself
should be killed if it could be done ; and this
examinant believes col. Romzey was present
at or made acquainted by this examinaot with ,
the said discourse.
And this examlnaint further saith, That th^
said Ferguson to the best of his remembrance^
to.'d tliis examinant that some thoughts had
been formerly of making an attempt upon the
king and duke the. last lord mayor^s day either
going out of the coach into Guildliall, or in thf
all at dinner (which might be done with men
with swords only) or in their i*etom from
thence at Ludgate or Paul's-Church-Yard,
but for the great hazards in eitlier of these
ways nothing was resolved on.
And this examinant further saith, That thi«
examinant perceiving that little or no prepa-
rations were made for the last designed at-
tempt in the Newmarket journey, tolii the said
Ferguson of it, to which the 'said Ferguson
answered, that he should have a sura of money
for it when things were fixt, but not else, for a
sum bad been deposited in a man's hand (but
named not whose) for the former desicfqed at-
tempt in the October journey, and though it
was not made use of it was not returned, and
there was no asking for such money again.
And this examinant further saith, that at on)S
of the meetmgs cqnceming the attempt upoe
the king and duke, this examinant propotfed to '
the said Ferguson, that sonte of tne duke oi*
Monmouth's servants or dependants 8lK>uht be
brought into the action, which might lie some
security to tbe persons engt^^cd, or at least
make the w^rld think the duke concerned in it,
if he were not. But Mr. Itumbald did nui
care to engage with any of them, however
this examinant believes 4he said proposal l)a<l
beenx2ommuDicated to some of thera, for that
this examinant was told (to the best of his re- '
membraoce) either by col. Romzey or Mr.
Ferguson, that sir Thomas Armstrong offered
to engage if col. Romzey would, but the colonel
refiised, and that in case of a general insur-r
rection sic Thomas Armstrong would.the ni^ht
before it attempt to kill the duke of York, by
407] STATE TRIALS, 35.Chari.bs II. l69$.r-hdr0iuction tp th9 Tri$t9 [40»
goings to him with a pretence to discover some
plot affainst him.
And this examinant was informed by Mr.
John Roe that one Mr. Gibbons who was or
bad been a servant to the duke of Monmouth
met the said Roe in Covent-Garden or carried
him thither, and there told the 8aid Roe that
was a convenient place to do the trick in (by
which this examinant nnderstood the attempt
upon the king* and duke) and that be the said
Gibbons would engage to be one in it.
And this examinant further saith^ That
about a ibrtnight before the king's return from
Newmarket, when the attempt was resolved
'on to be made, Mr. Ferguson told this exami^
Aant, that the duke of Monmouth and srverai
lords should be invited into the city to a dinner,
the same day that-the king was to return, so as
tiicy might be ready to appear in the city upon
the arrival of the news, and the said Ferguson
told this exammant, that some ' preferment
waa designed for this examinant to considei' and
give him a note of auch laivyers as this exa-* ,
minant thouvrht fit to be and would accept of
hein|;^ judges, but this examinant only smiled
at his vanity and never gave the said iMerguson
any such account. Robert West.
27Juniil683. Capt.
et recognit. Coram me, F. North, C. S.
The further EXAMINATION of ROBERT
WEST of the Middle-Temple, Barrister
at La>v.
^ And this examinant further saith, That at
" one of the meetingrs held for managing the
business of the assmssination of the king and
duke in . their Newmarkei journey, there was
some discourse about 'gettiug the arms down
to Mr. RumbahPs house, and the said Rum^r
bald first proposed to put them up in long
chests, ana send them down by some empty
carts from 8mithfield, and afterwards he
thought to make.use of two tnisty watermen
of bis acqu <intance, who should lay them in
the boat, and carry oysters over them (as
comeiiines tHey used to carry oysters) up
Ware river, andlalid them at, or near his own
house; or else every man was to carry his
own arms, under bog coats : but no particular
way was resolved on, but such was to bo useil,
as hIioiiM aj»;)ear most safe, and at the same or
some other me^'ting for the same uurpti5«, it
was discoursed how the men should get down
UTiol)servol, and it was thought best that they
should go from Loudon in the evening, in
amall nu:«l>ers, so as to arrive at the place
about midnight and go into an empty house
near R»iml)ald*s own house, where their horses
should be put into a barn and be refreshed,
and RnmbiJd \vas to spnd away his servants
early to market, and his wile and daughter he
resolved to lock up abovr staii-s : but the
greatt^st iliflioulty was how these men should
get off after the business was done ; tlie road
might be full and the party cut o(f by some
force that might come from Lonuon, and there-
fore Rumbald propolMd^ that if he survived ih«
action or were not disabled in it, to bring them
a back wav over the meadows, and over Hack-
ney-Marsn (to the best of this examinants re-
membrance) which lie said was a very good
way, and all of it to be galloped, and by diat
means they might get to London as soon as
the news could. Or else the said Rmnbald
offered that tbe])arty should retire into his own
yard, wliicb was walled in with a hig^
wall, and moated round, which he would on*
dertake to defend against any force that could
assault them, and Mfore night he thought all
would be dispersed and shifting for themselves^
and the road be clear to London, but whicb'
course he would take was Ictl to his discretiim;
as thecircdmstanoes of the case should require.
. And this examinant further saith that the
several ways proposed to surprize and take the
Tower of London were these to the best of
this examinani's remembrance, one was to send
ten or twdve men armed with pistols^ pocket^
daggers and pocket blunderbusses into the.
Tower under the pretence of seeing the ar-
mory, another number should go to see tlie
lions, who by reason of their not going inta
the inner gate were not t6 have their swordtf
taken from them, tliat the persons who went
to see the armory should return into the tavern
or Sutler's bouse just within the gate, and there
eat and dpnk till the time for the attempt wns.
come, that some persons should come in a
mourning ooadi or some gentleman's coach ti»
be borrowed for this occasion under pretence
of making a visit to some of the lord^ in the
Tower, and just within the gate some of. the
persons issuing out of the tavern should kill
one of tlie iiorses, and overturn the coach bo
as the gate could not be shut, and the rest of
the persons within, and those who went to see
the lions should ^t upon the.Guards, that upon
a signal of the coach driving down, a party of
men (two or 300 or more it they could be got,
and were to be knlged in empty houses to be
hired for that purpose as near the Tower as
could be had) should be ready to rush out, and
upon the noise of the first shot immediately
run down to the gate and break in, this way if
at all put in execution was to be in the day
time about two o'clock, because afier dinner
the officers are usually dispersed or engaged
in drinking, and the soldiers loitering from
their arms. i
Another way proposed was that seveial n^en
should enter actions against one another in St.
Catherine'^ court held for the Tower Liberty
within the Tower, and that at the Court day
at which time ^^reat hberty is allowed to all
persons to comcm, a party of men shcMiId so
as plaintifis and defendants and witnesKs, wno
joined with some others, who should come in
under pretence of curiosity as abovementionedf
should attempt the surpiize, and be seconded
by the party from the hired houses, and to the
best of this examinant's remembrance a coach
was likewise to be made use of in this case,
and at one of the late meetings for carrying on
409] STATE TRIALS; 95 Cqarisbs IL l6%3.-^far tke Rge^H&usc Phi. [410
tlie hat iiuunrectkm, Mr. Ooodeaoogh re-
ported, that an eii§fineer toM the said Good-
enough that he would recommend aome honest
stout fellows to be labourer^ and workmen in
the Tower, who should be acquainted with the
design and ready to assist in it.
Another way proj^osed was to surprize it by
Bi^ht, but that was tuil of difBcidty, and all that
this exaoHoant remembers to have been pro-
posed was^ that a parcel of faggots should be
carried down to the gate and fired, and to some
other ^rt (this examinant thinks the water
gpUe) if it were practicable, and a great quan-
tity of faggots should be prepared to throw
into the £tch and to make up works. That
which most perplexed the business was, that to
boiprize the Tower by night was very difficult,
and to heB[in an insurrection in the day time
was as dimcult and would lose many advau-
ti^es that the night or break of day would
am>rd, and theretbi*e no .resolution was taken ;
theae were only the debates of the meetings
of this examinant and the other persons in his
former examination named, but this exami-
nant never heard what the principal managers
considered of or resolved on in the case.
And this examinant further saith that Mr.
Ferguson used to goby the name of Roberts,
and told this exi^minant he was to go for Hol-
land w ith or soon after the bills for the money
to be paid to the Scots, and that the intention
was to land the arms at Edmburgh Frith to the
best of this examinant's remembrance.
^ And this examinant further saith Mr. Wil-
liam Rumbald told this examinant thataftei*it
was violently suspected that Mr. Keeling had
made a disooverv, but l\ad denied it, it was
vroposed to Mr. Keeling for the satisfaction of
nis friends that he should go into the countr^t
for some time (where it was easy to kill him
and bory'him privately.)
And this examinant fortharsftkh, That after
it was eertainly known that a discovery was
made, it was said by* Mr. Wade to the best of
this examinant's remembrance, that if 1,000
men could be got together, it were better to
veotore a push nere or in the West to die like
men than be banged like dogs : to which it
was answered by colonel Romzey as this exa-
minant believes, it is in vain to think of it, the
hearts of the people are down and our great
men aregood for nothing, or used expressions
tothateflect.
And this examinant fnrther saith, That on
Monday was sen'night last Mr. Ferguson per-
oeivine this examinant much ^mected and
cokmd Romzev, Mr. Wade, Mr. Norton,
Goodenoneh and Nelthrop in some confusion,
knght ana said to theni, Gentlemen, you are
strangers to this kind of exercise, I have been
naed to fly, I will never leave off as long as I
live, and 1 hope to see some of you at Dui^r
before Michaelmas or to that efiect.
ROBSBT WE9T.
The farther EXAMINATION of ROBjBRT
WEST of tl^e Middle Temple, Barrister
at law.
This examinant farther saith. That at some
meeting? oonceming a general insorreotion ii'
mtaa disbursed that a bmly of 500 horse would
be necessary to sooor the streets to prevent the
king's party from embodying, and ibr fighting
the horfie guards, or f^r a pursuit, and to tha|
end it was preposeii that some enJeavourf
should be used to bring up a party of horsn
irom the adjacent ceunti^, and that some meaoff •
should be thought on to seize the life*guai4
mens horses in their quarters, and the citizemi
andgentlemens horses in the livery stables, and
if there were success and a great body of
horse should be necessary, the great number of
hackney coach-horses in town would make a
good force. It was farther proposed, that ha^
ricadoes should be made in i^veral great streets,
and several churches he used for lodging the
men.
And this examinant farther saith. That al
some of the said meetings it was reported that
the king's regiments of foot had not their full
complement or men but wanted a great nam*
her, and that the officers^ used to lend one ano-
ther men when they went upon the gfuard, and
therefore the foot were not so terribS as might
be apprehended.
And this examinant ftirther saith, That it was
intended in the beginning of the general insnr*
rection in the west to send out a party of hofce
to seize the marquis of Worcester now duke of
Beaufort, and his eldest son, and another party
to seize the bishop of Bath and Weils, and some
other eminent men of that party, if they were
then in those parts.
And this examinant further saith. That some
time before Christmas kkst he was informed by '
Mr. Roe to the best of this examinant's remem*
brance that the country expected the city
would have been in arms on Michaelmas eve
when the present sberitis of London and Mid-
dlesex were sworn, and that he was credibh^.
informed that there 'were 500 horse in the uSi"
jacent counties ready to be marched to their
assistance upon the first notice, and that they.
continued in a readineU for two days expecting
notice, but the examinant doth not remember
that he named any person from whom hnhad .
this information.
And this examinant further saith, That Mr.
Fer^son told this examinant that some mm-
conforming ministers had told him they nif«-
pected he was driving on a design to amaasio
nate the king and duke, and begged of him te
desist, for that it would bring a rqiroach upon
the Protestant Religion whatsoever the event
might be, and tliat he was forced to assure
them there was no such thing intended, but
alas, said he, they are weak silly men and not
fit for these things who cannot distmgnish he- •
tween destroying a prince merely for his opi-
nio6 in reUgion, and destroying tyrants wh*
design to overthiow the laws, religion and aU
411] STAT£ TftlALS, 35 Charles II. \68^.^Introdlieiiim io tie TtwIb {41S
oivi) rigbtB ftod bate the nadon. It is a pious
glorioas action, and such as will teacn all
princes to use their subjects kindly, or to that
effect Rob. West.
The further EXAMINATION of ROBERT
WEf^ of the Middle Temple, Barrister
. at Law.
This ezaminant upon further recollection
■aith, That after capt. Walcot had acquainted
tlus ezaminant of the insurrection intended to
have' been made in NoTcmber last, the said
Walcot came a second time to this examinant
and told this ezaminant that the lord Shafts-
bury bad prevailed with him to engpage in it,
and that if it proceeded he ^ould engage in it,
and desired this examinant to buy for him the
said Walcot a long stiff tuck of some cutler this
ezatninant knew, which this examinant under-
took and bespoke, but was so long before he
could procure it, that the said Walcot had
Mherwise provided himself, and the design was
laid aside nrat, and this examinant was forced
to keep the said tuck, the cutler refusing to take
it agam.
^d the said Mr. Walcot told this examinant
to the best of his remembrance, that the lord
Shaflsbury had formerly sent for sir George
Cambei and sir John Cockran about settling a
Scotch colony or plantation in Carolina, but he
believed that was only a pretence, and that the
real truth ^w as to concert matters in order to
some design in Scotland^, for the lord Shafts-
bury had sent for him upon pretence of some
command in Carolina, but when he came the
lord Shaftsbury was very cool in it And
this examinant further saitb. That the said Mr.
Walcot refused a long time to act in any wise
in the attempt upon the king and duke in the
Newmarket journey, but at length by the per-
suasion of Fergnson as this ezaminant believes
he undertook to command the party who were
to fight the guards or to be one of them, bvkt
refused to act in the assassination itself.
And this examinant further saith. The said
Ferguson tokl this examinant that when the
earl of Argyle was in England last year be had
offered to make a sturdy commotion in Scot-
land if he might hsve had but 6,000/. (fot* so
low be came down /romhis first ^demand
of 30 or 40,000/.) but our (^preat men were
jealous of him then and would not trust him,
though be ofiered that they should employ
whom they would themselves to lay out the
money in arms, which he said was a great
oversight and opportunity lost And this exa-
minaDt believes the assassination of the king
and duke designed, in October last was project-
ed and abetted by the late earl of Shaibbury,
and that the money in one of tliis examinani's
former ezamiDations mentioned to be advanced
for that design was advanced by the said earl,
because this ezaminant had heard (but cannot
say positively from whom) that the said eaH
complained of having been ill used in that
matter, in the moniy not being returned though
it waa not laid oa&.
INFORMATION of CARLETON WHIT-
LOCK, July 5, 168S.
Mr. West sometime in Easter term last in
the court of requests told roe, Tliat some despe^
rate fellows had designed to have killed the
king as he came last from Newmarket, if th^
hadnot been afraid that the duke of Monmoatn
would have hanged tbem. Upon which I told
him that it had Men a villanous action, and that
all mankind would have detested the action and
the murderers, and that if it ever had been in
the duke of Monmouth's power he would cer-
tainly have hanged tbem for it, if they had
done it. He told me afVerwards that there was
a design of raising a considerable sum of
money to buy arms, as I remember in Hol-
land^ and that major Wildman, col. Algernoon
Sidney^ and Ferguson managed the business,
and Uiat my lord Russel was very active in it,
or words to that effect,- and that writings were
drawn or drawing or to be drawn for the taking"
up of the money, as 1 remember he said Fer-
guson wns to manage on the behalf of th^
Scots. This be told me at his ^ouse One day
when I dined with bih, but upon my not exa-
mining him to particulars, he said notliing to
me but thus generally ; only at bb bouse h«
said that some of them were for a common-
wealth nnd others for a monarchy.
At Mr.Shutc's funeral in the public room
Nelthrop came to me and asked me for some-
thing for poor Fei^pison, as he called him, and
told me he was doing a good work for all ho-
nest men ; I told hini I would give nothing to
any man for doing work I did not know oi.
C. WnnxocK-
Mr. EDMUND WALLER'S CONFESSION.
I did once meet Mr. West, I do not know the
certain time, and he railed so much at those he
called Protestant lords, that I asked him if be
would have them be rebels, and told him that
such men as he and nothing else could ruin the
kingdom ; this was in the Temple before the
ball, the last and only other time that I ever
spoke .wiUi him in private, that is alone, for we
walked in the Temple cloisters: I met him
there, and he told me that some people^ not
naming himself as one, had had a design to aei
upon the king (I am not certain whether he
named Newmancet) but he said it was over, I
went from him hastily and only said, These
things will hang you and undo a great many
other people, as 1 remetibber when he said there
had been such a design, I told him I did not
believe it, and then he said it was to have beem
done as tbeking came/rom Newmarket, and was
going ^n to say more, but I interrupted him and
went away, and I bdieve he was jealous of mc,
for he called after me and said there wa^
no danger ; this was as I think the Saturday
befbrethis conspiracy was spoken of in W^est-
minster-had.
July 6, 1G83.
Edic. Waluoi.
413] STATE TRIALS, SS Charlis il. l68S^ar ike Rye-Hauie PUi. [iu
J,^,na^ or ZACHARY BOURN. ^^SgrwJl^ili'.o'^l^iSwS;
for we co|]]d not teQ but oar thiioato mi^hl be
cut every night. I asked him how he eouU
tell all this? He told me that they had a
^preat (leal of inteUigenoe iroai the Tory party,
tor there were some that were wilting to play
a sure ^game and so keep in with both sides.
Some little time af\er this there came one BIr.
John Jtow that was sword-bearer of Bristol
with one James HoUoway of the same place •
merchant, to enquire fq^ Fergusoo, but Bewas
vnV illing to see him : Then Row asked me to
go and give him a dish of coffee, which I did,
and Jaipes HoUoway gave me an account pf
the posture of affairs at Bristol, which I won-
dered at, being the first time that erer I saw
him, Tiz.
That they had been ready this two or three
months, that there was but 8 in Bristol thai
knew of it, that he had bad some cannon he had
taken out of some ships ihe if as concerned fn
had lain tb^ere so long he ^as afraid they .
would mistrust something, that he had great
plenty of oowder and bullet in his own house,
and that tney had a couple of ships there that
would carry 40 guns a-piete which they in-
tended to seize the first nshig, and fit oat to
sea, and then their manner of getting tog«^-
ther was thus ; some of those 8 had honses
out of town, where they would get all of the
town they thought were for their purpose ) the
dissenters under pretence of a meeting, and
the others under some colour or other,' and then
tell them the design, and if they would not go
'with them t|iey would secnr^ or force them,
and that they would seize all the head men of
the contrary party, which were n6t above 30
in all, aDd that they %vou1d post men at th^
comer of every street so. tliat there should not
a man btir without they pleased.
And that to their assistance they should hav«
some colliers out of King Road, and som^
Scotch nedlars that were about the country^
many or whom were of Bothwel-bri^e.
He said further that the king would hav^
by the time they begun a great many thour
sand pounds that they would seize, and that
there was a great many of the Tory party that
had a great sum of money by them which tliey
must borrow, and that there was not a good
horse within 5 miles aliout them but they knew
where to have him ; that they wanted but
SOO muskets, for they thought they should
have more men than arms, which be wa^
come up about, which he hoped die lords
would help them to, but if they could hot, M2^.
Wade would lend them the money to buy
them, and that he should pack them up in
parcels of goods and send tliem by the carrier
to his house: Mr. Wade told me himself ha
would do it, that is lend. the money, but it was
some time aft^* this, Mr. Row set by and ap-
proved what Holloway said to be true ; after
this I went down to the WeUs, and staid aWut
a fortnight. When I came home agaio Mr.
Wade came to me and told me I must promift
Richard Goodenoagh bringiog Mr. Fei^-
ion ahaa Roberts (for that name he used to go
ky) to my bouse, it was a great wlu'le ere I
ondeistood any thinc^ at all of the design, but
10 many coming to him daily as did made me
jealous, I did imagine something of it, upop
which he took an occasion one day to ask what
I thought about the gentlemen that isame so
sAen to him, and then savs, admit there should
be a design on foot for tbe gooid of the P^pl^
of Engfond would vou be against it r To
which 1 answered, if I can & it with a safe
coDscienoe I could not tell well what I should,
be persuaded to. As to that, says he, I shall
easdy satisfy you, and then wen^ on to prove a
mutual covenant between the king and the
people, that his majesty had broke it on> hb
lide, so the people were a^in at liberty ; but
to that matter, says he, as mdeed I will he plain
with you, if you love yourself you must come
hi, for there is a desi^ on foot so laid, and so
&r gone 'that it is impossible it should fail.
Then I desired him, if he thought it conve-
nient, to let me know some particulars, which
he said he would, provided I would promise
him secrecy, but especially I should say no-
thing to my filler or vrife, for he thought I
wooul not speak to any body else, upon which
1 fiud I would, and then he was plain as he
Aid, and told mc as follows. ,
Tliat there was not a county in England but
had prepared for the business less or more, but
especially in the north and west, and that they
were sure of most places pf strength through-
out the kingdom, but especially Bristol and
Newcastle, ukI that they were then a consider-
ing how to secure Portsmouth, but were afraid
they should not, the garrison was so strong.
And Uiat the Scots were to stir at the same
time we were, and that we were to lend them
10,000/. to be remitted into Holland to buy
arms for them ; and that he was to go over
with the bills of exchange ; that he found out
a person could deposit the money upon good
security, which the lords had promised should
be given ; that there was a Dutch merchant or
two tliat he had got to provide the anUs, for the
English could not do it without suspicion.
Inen I asked him who the lords were ? He
told me there was the duke of Monmouth, lord
Grey, lord Russel, and miyor Wildman, and
eol. Sidney. I told him I wondered the duke
would be persuaded to take up arms against his '
father, for my part I should be very unwilling to
trust him ;' He answered me that he had tlie
ereatest assurance in the world of him, and
Siat I need no more be afraid of the duke than
of him.
He told me the lord Argile who was to com-'
roand the Scots was of my opinion too, for he
had a few days before sent a letter to him to be
wen satisfied in the point, and that he had sent
him such an answer as he did not dpubt would
Sitis/y him.
Ht told me tho duke of York had 14,000
4)5] STATE lillAI^, 35 Cbarlks IL 1685— Jkffv^ltoii io ike TrUU (4l6
«ecrecy, and then be had Mmethmff to say to
jne, which was thatafliirs were setUed ererv
where very well but in London, and thoagn
the kurds had a design to let tioadon alone, yet
they saw there wad a necessity that the busi-
ness must be done effectually in London, fojr
if they let that alone^it was enough to raamtatn
« war against .the whole kingdom » and that
their firiends here would he all ruined, and that
in order to the securing of it they had token
this metfiod by which tfai^ might know their
strength. They had divided the town intQso
many divisions and had gftt honest fellows to
oansult what men they might expect out of
•v>^ dSfiaion, and that they had no body
about me that they thought could serve them,
tad ^erefore desired me to think if it was not
possible to get about 160 men out pf Blooms-
mny, St. Giles's, St. James's and Soho, and
ihait i might, by way of discourse, ask some of
my aequamtance'if there should be oocaaoo to
del^d ourselves whethei* they could not find
'Out 10 or 15 or 90 men that would assist ; that
they should have a meeting^ again in 9 or 3
•days, and then Re woulil give me an account of
it, and I should- ^ to them. And accordingly
on Friday foUowmg being the 8th of June to-
ward ii^ening he came and fetcbt me oat, and
caiTied me to the Dragon tavern on Snow-hill,
where I met colonel Romzey, Mr. Robert
West, captain Walcot, Mr. Norton, Mr. Wade,
Richard and Francis Goodenough : then 1 was
wAjtA if I could not do what Mr. Goodenough
had spoke to me about, and was desired not to
say any thing about the business to any body <
in direct terms, but especially to any of tlie
ministers, for West saiv they Were a parcel of
rogues that had ruined the* people ever since
Constantine. J told them I thought Mr. Mead,
and Mr. Lobb mieht be trusted, and that they
were, if they woiud, capable of serving them ^
very much. But 'they would not hear tt then, '
but the next meeting which was on Monday
'die llth ditto at the Salutation in Lombard-
street, they did think it was necessary Mr.
Lobb should be spoke to, but not directly,
which 1 did, for the next day I went to him,
and talking of the badness or the times,.! said
there was out one way to help ourselves, and
that was by arms, and if we should have occa-
sion to do so, I asked him where he could find
a good parcel amongst his people ' that he
thought would stir. He told tne that the
spfaits of the people were low^.but he did be-
beve there #as a pretty many of them that
would make use of an opportimity if it was put
into their hands, but he could see no hopes of
■nch an opportunitv as yet, we were too great
cowards, nut I bid him not to be out of hopes,
and 86 pnr discourse ended, for his wife came
m.
The next meeting which was on Thursday
Hie l4tl^ ditto, at the Draffon on Snow- hill,
Richard Goodenough brought in an account of
the divisions he was concerned in^ which was
all the town almost, but where I was, and at
WeiStminster, where Mr. Grange, a brewer, was
8
eoncenied, but- he nenrer met with us, but
Goodenouffh said he promised 200 men, and
would be free of his purse. At this meetingv
they resolved on this which had been oopsulted
before,' j[for now they began to be sure of the
design, ror Aey had a probability of 8 or 9,000
men fifom the account Goodenough gave in
and others) that WhitehaU should be secured,
and the manner thus : That the men in West-
minster should be ready to make an attack on
that side, that they would get about 100 sea-
men that should come up m long-boats with
hand-graaadoes and should attack that part
next the wator, and that a party of about 60O
should come down by Charing- cross, part of
which should secure the Mews, and me real
mareh down and surprize the Guards in their
sleep, for it wais to have been about one or two
in the morning, and that all the chief ministers
of state were tu be secured, the lord mayor and
the sheriffs, and some of the aldermen, another
party to secure the Savoy and Somerset- house,
and that in Covent -garaen and Linooln*s-inii-
fields were to be bodies of men to be ready to
give assistance if need were, and that all the
expedition iraaginabie was to be made, for now
it was put into the hands of a great many, and
there was danger of a discovery. Mr. Good-
enough told us that day that he had met with
an engineer that would do strange things about
taking the Tower, and that he had six or seven
mortar pieces that belonged to the Tower, and
that he would take care to keep them tbia
month or six wrecks; at ihat time Mr. Weat
lOifd he thought I must secure my neighbour,
meaning the lord -keeper, but I told him I
would do no such thing as to fall on a neigh-
bour ; truly, he said, he should be very wi]hn|f
to <^me to account with him, and if he did he
should put him in mind of Colledge. At this
time, Goodenough said tbc people that he had ^
spoke of the matters to, desired they mie^bt
know what they must trust to, for if tlie design
was only to change persons they had as good
YkVLYe the lather as the son, and therefore de-
sired some heads might be thought on and car-
ried to the duke to be signed by him the night
before the design began, and these five things
were resolved on :
1. That the militia should be in the hands of
the people.
2. That they should choose their own she-
riffs in every countyi
3. That we should have a parliament once a
Year, and that they should sit as long as they
had any tbinor to do.
4. That they shQuld have liberty of con-
science.
5. That an the nobility of England that had
acted contrary to the mterest of the people
should be de^^ded.
Mr. Wade was to put these in writii^, and
carry them the next morning to col. Romaey,
who was to go to the duke with them, which
he did, and on Saturday tlie ICth ditto, at
the George and Vulture on Ludgate-htll, he
brought us this account, that he was to wait
4it} STATE TRIALS, 35 CiiAfttvs II. 1683.*-/^* ike S^^Htnue Phi. [41»
iNi4ie duketvrice Mbre he ooaM ifMak witir
Um, bot at last did ; that the duke's answer
ins, that all of them were things of moment,
and diat they could not be done without a par-
liunent bat niiist be left to them, that he would
do what lay in bis power towards the obtaining
tbemi, but there being word brought to one
Lee, a dyer, in St. Cues Cripple-gate parish,
Aat there was high treason sworn against hira
and Riehard Go<raeiiough, Goodenough would
Hot coooe to us that night, so this only was
cooeluded on, that wc should meet on Monday
at the CMle tarern, in Fleet-street, and that
asme time on Monday Mr. Lee and Mr. Wade
Aonld go to Mr. West's chamber to surrey
the mapk of the town to find fit places to meet
in add ffiTe us an account at our meeting, but
00 Sunday they had an account all was dis-
tinted hy one Keeling, whom they had some
jtnspicioti of some days before ; upon Monday
morning they met at captain Tracy's, where
etptain vValoot lodged, col. Romzey camd to
my house and gave Mr. Ferguson and me an
account of it, and took me with hhn to captain
Tracy's, where they consulted how to retrieve
the businesB : Most were for poshing for it,
aad so to die with their swords m their hands ;
and another way was proposed I tfiink by Mr.
West, to kill keeling and one Dr. Butler,
which I think cot. Komnev named, who was
sttd to be the person btod? nt Keelingip to dis-
cover, and that this wooM g^ve them such a
blow would nuike them afraid : Tb^ manner
9i taldng' Dr. Butler was to be thus : Some
men to ^ to him (it was to be after die kiUing
ef Kedmg) and undertake to gire him an ex-
tutt aocount of the murder and the rest of the
plot, and so to meet at a tavern where wsb a
convenient room fbr the purpose, and there to
have assassinated him, but i left them in the
dispute and Went not again till morning ; when
1 came there they were sSi gone but West,
who iiM me that one Rombalo and odier^ had
baen in company with Keeling all the day be-
ibre, and he had persuaded them into a belief
he had swolni nothiug against any man, and
io escaped from them, though this raomiug
dirr found to the contrary;
At one time taildug to Ferguson about this
matter, he said nothing was to be expected
from the rich old citizens, and therefore half-
a-dozen of them mutt be |aken out of their
bouses and hanged on their sign posts, and
their honkies given as plunder to the mobile,
and tbat wouM scare ttm rest.' Ahother tiihe
meeting Roe after t|ie dlfd at Newmarket a
great while, he b^^ to tktk of the design at
Newmatlcet, which he decttned whcti he round
I was ignorant bf it, hut by him and others I
mderstood aftetwaids tb^t there wfLs & consult
tevoal ditoes at West's chamber agaihst the
Bf^ of his ms^esty, and that in order thereunto
West hadhought as ti^any arms as cost about
100/. of A'gtmsmith iu Shire-lane, but the fire
bttmenilig*pr^cnted th<^ d^^n . Another dme
talking wi^ Roe, he said there was no way
1^ kfppltajg^ that tras his laajeMy a&d his royal
rou tx.
htghhess; to which I answered, I ncTef a[^-
proved of such ways, and that^he might do it
himself fbr me if he would have it done, upon
which lie replied he would be one with all his
heart, and that it might be done through or
over my lord of Bedford's wall as his majesty
went' to the play-house, or as he went to
Hampton-court trom Windsor. At another
time I met West on the Exchange, aud he
told me the lords weVe all a parcel of rogues,
and Fer^usou a credulous fool, for that they
would tnck upon the Scots and us too, diat he
had laid oat a parcel of money fbr arms, aud
thai he could not get it again, which I told
Ferguson when I saw him, but he said he
shodd have it. Sometime afler I met him ia
Lincoln's-inn-fieldS) and he told me that he
had a note to one maior VFildman, for the
monOy, and that he would go for it next morn-
ing, which he did ; but die major was gon^
out of town. Sometime after I went to Mr.
Owen's in Bloomsbury, where Ferguson then,
lodged, and there I asked him about West's
nioney, he told me he had Given it himself,
for it was sent to him just^fore Mr. West
came in, and he had given it him. On Mon*
day they met at captain Tracy's, Mr. West
gfSre a note to one Tuttle' to ffp to the gun-
smith to fetch the arms he ban bought, lest
they should be found there, and carry them
to one of the plantations, I think New York^
whidiTottte did then proffer, if they would
push for it he would not j[0 his voyage, though
I thmk he said his ship was at Graveseud, nor
would he coihe alone, but undertake for lOQ
seamen and others preseujtly.
The persons that used to c6m6 to Ferguson
were sir Thomas Armstrong very often some*
times two or three times a day, colonel Rom-
acy. captain Walcot, Mr. Wade, Mr. Noi-toh,
Ricuard Goodenough, Richard Nelthrop, Mr.
West, Mr. Charletou with a wooden leg, Mr?
John Freak, Mr. Btancy obce or twice, Mr.
Thomas Shepherd merch.; jt, sir Robert Rich.
John Starkly, Mr. Baily a Scotchman, ana
sir • Camel, and a great many more of
his countryuiep/and several from Wapping, all
whom I know when 1 see, also Mr. John Ay*
lofT used to come when he wW in'town.
Ferguson told me of a certain person of
quality in that part of Irelabd next Scotland
that could raise tweifty thousand men, an4
that he had promised it, I a&ked his name but
he^ould not tell me ; he told me it was Aaron
Smith was sent to Scotland about this business,
aud diat he hail Uke to have spoiled all, but
that the person to whom he carried the letter
went to tne councO and shewed them a letter
he had about' some business a£ Carolina, anil
asked leave to come to London about it, and ss
got off this suspicion. Zec. Boubme.
July the 6th, 1683.
Z£€. BOURNE'S further l^ifonnaljoo.
That Mr. Ba3v the Scotchman sate up one
night with Mr. Ferguson, and he went several
idjE
4191 STATE TRIALS^ 35 Chaubs II. l683^/jilro2i<dtaii to %lu TskiU C4aO
tiniet Tvitfi him to the duke, and the other
lords, that Ferguson lodgff^ at several olaoes
a few nights at a time and so to fny liouse
again, at one IVIr. Biqkei-staff) a sword cutler in
Covent-Garden,^ at a German doctor's at the
Green Posts in St. Marti o's-lane, and Mr.
Owen's in Eang-street in Bloomsburv.
That we met at the Salutation in Lombard-
street by the persuasion of captain Walcot, for
&e said Mr. Thomas Shepheitl would meet us
ihere, he, went out of town every night and so
could not come further, that I have oHen car-
ded letters to the Exchange to Mr. Shepherd
(rom Ferguson, that he used to cqme onen to
my house to him, that I beliete him to be the
man was to return the ten tboiisand pound, for
Ferguson told me he had a great oonespon-
dence with several merchants in Holland, and
that he did return my lord Shaftsbury's money
when he went over. »
That captain Walcot would have rookeito
one Mr. Collins an Anabaptist preacher (he
preaches somewhere in Moorfields) that could
assist us greatly, but they would not hear of
it being a parson.
Mr. West told me that Mr. AloflT was at the
buying the arms in Sbear-bue, and if at the
buying I suppose at the contriving the use for
them, that two or three days before the disco-
very was made by Mr. Keeling, thinldng the
bnsiness was prettv ripe, Mr. Norton was de-
sired to write to Mr. Ayloff to come to town
^hich he did.
That Ferguson desired me to tell them one'
night when we met^ that he must haY^ & PI^J
to seize Mr. L'Estrange. for \^ should find
strange papers, and that great care must be
tak^ to secure the paper office at Whitehall.
Zec. BoUftNE*
' ' That Feigoion told me that one Mr* Owen
of Orays-Inn would give 100/. towards the
desigfn, and further he told me that he was the
Author of those \mp libds, viz. '< A Letter
« about the Black Box, and a Letter concero-
^< ing his Miyesty 's Declaration ;" that as he
walked in the fidds at that tine the discourse
was about the black box, it came into lu9 mind
lo write aboiit it, which he did in an ale-house
in Chancery- lane, and that afterwards when
' his mojesty'ii declaration came oot concerning
the duke of Monmoath, he finding nobody
t(H)k notice of it in print, resolved to write an
answer to that, which he said he did as he lay
in his bed one morning, and further told me he
got one thrown on his miyesty's hat as he
walked on the terras walk at Windsor, and an-
•other laid under his pifiow, but would not tell me
who it was had so diiposed of them two for
him ; and farther told me tiiat the duke of
Monmouth ^ve him fi% gfuneas for that
fteoe of service, and so hath done every year
since. Mr. Bethel tiMt Was sberifT of London'
wasQDoealmvboiuewilfa Ferguson awtliad
«MBe private woouise with him.
Zee. BOVBHE.
The further EXAMINATION of ROBEITr'
WEST of the Middle Temple, Barrister
at Law.
This examinant upon further recollectioo
saitb that at the meeting for carry iDg on tb«
assassination of the king and duke, it was re^
solfed, that sir John Moor the late lord mayor
of London should be killed, as well as the pre-*
sent lord mayor and sheriffs, and that if the
people did not poll him in pieces, bis sl^;o
should be dead off and stuft and hung up in
Guild-Hall as one who betrayed the rights and
privile|[e» of the city.
^ And it was further resolved that Mr. Papil-
lion, and Mr. Dubois should be declared she*
riffs, and sir Thomas Gold or alderman Cor-
nish (but this e^^aminant thinks alderman Cor-
nish was pitched On as the brisker man) to b»
lord mayor, and that thev should be forced to
take those offices upon tnem, and if they re-
fused should be knocked on the head. And
sir Robert Clavton and sir Patience Ward, who
had behaved themselves like trimmers in their
mayoralty, and neglected to repeal several by--
laws wherebv they might have prevented sir
John Moor from being lord mayor, should bo
forced to appear publicly and own the fact, or
else be knocked on the head.
And it was further proposed that most of tho
judges should be killed or brought to trial for
their arbitrary judgments, snd their akiiw
stufl and hung up in Westminster-hall.
It was fhmer said by colonel Rumzey to
the best of this ezaminant's remembrance, that
though he was not for shedding much Mood,
there would be a necessity of taking off some of
the chief abhorrera and addressers in most
counties, otherwise they would be making
head, but this examinant was of opinion diat »
public declaration of safety to their persons and
esti^ if they would submit, was a better ex-
pedient and would win more upon the pecmle ;
and it was further resolved that some or the
principal reputed pensioners in the late lone
parliament should be brought to trial and
death, and that their skins should be stuft and
hung up in the Parliament House as betrayers
of the people, and of the trust It was pro-'
posed tnat bishops, deans and chapters should
be wholly laid aside, but . no resolution was
taken conceminjgf their lands, because the pre-
sent tenants miyfht be induced to submit in
h<^pes of preservmg them, and would Imb sure to
stniggle if they saw they must lose them» and
those who had those lands in thB late timet
would be sure to engage ip armc^for us or sub*
mit in hopes ofhaving those bmds again. Some
discourse was had of applying ^ose revenues,
and of one tialf or two thirds of the colleges in
both Universities to public uscisineaseof the peo-
ple firom taxes. It was furth^ proposed tint it
should be publicly declared to file people thai
th^ should be ^ised of the chinmey monr]r»
ancT have toleration in matters of r^poD,
which waa thought vrould ««gM^ dl die
meaner people; diat fioglaod shoiud be a fie4
•I
4il] STATE TRIALS, is CRAtLBs'n. l6&3.— /<»r the J^e House Plot. [42i
f«t, and all afrangera who woald should he' bat tlui examioaDt to the he^ . of his remem*
uturahzed, which was looked upon as a means bnnoe never spake to the said -cdlonel since,
ti encage foreigners on our side, that there Rob. Wcst.
dwald he no taxes for the futare but the ex-
dse and land-taxes, which should be appro-
priated to the particular uses, and all fbrieited
estates should be applied so too. t
And. this examuant fuither saith that this
fiaminant enquiring of Ferguson what fund
of inonev was provided, it was answered by
him andoolonel Ronizev, that if the business
were done and backt widi success, theife oodld
bono want of money, there woaM be half a
Year's revenue of the chimney monev then doe
Msides what the Excise-offioe ancT Custom-
hooae would afford, and that there was money
and plate enough amons* the bankers aud
getdniiths which must be taken up upon
public faith if there were ooeasbn, and be
poactually repaid -again for the reputation of
the cause.
And' this examinaot further saith that when
Wakot agreed to engiffe in the said action, he
desired us name might be concealed what-
sacarer the effect of it proved, whereupon Fer-
fnaoB replied no man ought to be ashamed of
It, iiir it is a glorious action, and such as I hope
to see rewarded by a pariiament, and that tne
actors in it shall haye statues erected to them
with inocriptions of Liberateres Patriie. .
And this examinant further saith -that he
acquainted Mr. Thomas Shepard merchant
• that tins examinant had provided arms in his
Inmer examination mentioned, and that Fer-
gnsoo promised to see for a convetuency of
committing the assassination between Hamp
ton-Comrt and Windsor.
And this examinant fuither saith that Mr.
Boom a brewer between Great dueen-street,
and Ptaker-Iane, was aconainted with the in-
tended insanrectiotis, ana hath talked with this
examitiant about them, and declared himself
ready to ei^^e in an insurrection, but not in
the assassination, and the said Boom was
knowing of the arms bought by this examinant
hot was not at the meeting when they ware
agreed to be bespoken, and this examinant be-
lieves he acquamted Mr. Carleton Whitlock,
Mr. Edmund Waller both of the Midde Tem-
ple, and Mr. HoUbrd of Chancery-lane, of the
miended assassination and insurrectiou in No-
vendier, but he did not do so till after the time
Ibr execution was past: and further saith, that
in the beginning of Octob^ last this exami-
nant met with colonel Sidney at Uxbridge,
wheie the said colonel told this examinant that
many tricks had been played in the scrutiny of
the poll for the lord mayor, and that sir Wil.
liam IVitcbard was dednred though not duly
chosen, hut said he, all that I can say to it is
what a jiwtice of peace of Bssex said latdy to
a eoontry feUow brought befiire him for Idmng
a higlnvayman that would have robbed him ;
fiiend, say^a the jostuse, yon have done well, but
you might have been robbed if you would ;
and so we may he inslaved if we will, or else
acsdiMrt, or £«oaed words to that purpose,
The further EXAMINATION of ROBERT
WEST of the Middle Temple, Banisier
at Law.
This examinant upon further reoolkctioii
saith that Richard Croodenough and Franda
Goodenough formerly ofiered to actio the ioi'*
tended assassinaton of the king and dohe, if a
sufficient number of men coiud not be got to
do it, but aflerwards believing there were mca*
enough besides, they both declined it.
Ami jtlus examinant further saith, that at
some of the meetings concerning the said as-
sassination, colonel Rumzey said it. would bo
very convenient to take off colonel Legg the^
now lord Dartmouth, ibr he was a stout man
and of desperate courage, and believed if ho
could get into the Tower, would in rev/enge firo
all the gunpowder in the White Tower, whicn
would endanger the whole dty. And it was
said concerning the lady Anne, daughter to tho
duke of York, that it would be best to many
her to some small country gentleman, and have
a breed only to keep out any foreign pretend'-
ers to thecrown ; amd at one of the said meet-
ings, when it vras discoursed whether the Idnff
or duke should be killed sbgly, it was agreed^
that Rumbold should send out a spy M&cBf
who by sonie signs should giro an account at a
distance wlM&ther the king and duke were both
together or not, and at one of the said meet-
ings when it was designed that it would be
conYcnient to take off some of the chief minis-
ters of state, as the Lord Keeper, lord Hallifax,
kird Hyde, Richard Goodenough said, tako
the Keeper prisoner, and try him at Oxford
for the oeath of Colledge, and hang him upon
the same poet on which CoUed^e was hanged.
And at one of the said meetings this exami-
nant saying he was well enough armed for one,
for he had a good mpsket blunderbuss and case
of {Hstols, the said Rumbold desired to see
them, ' and finding them very good said he be-
lieved he must use the Uundmuss in the as-
sassination, and told Ferfoaon he must conse*
crate it if he should use it
And this examinant saith that at one of the
said meetings, this examinant was appointed
to apeak to one captain Bon a seaman at Rat-
diff to undertake the raising a body of seamen
to surprize thie Tower in case Jthe assassination
had been committed, and tins examinant ac-
cordingly proposed to the said B<m whether he
wqmld undertal^e to do so ; but the said Boa
replied he was going to settle in America where
he was bom, and did not care to be ooncemed,
and feared he had not interest enough amongst
the seamen if he would, which this examinant
r^orted to the next meetbg, and the said Btm
is since gone to live in New-England where ho
was bom, or in New-Jersey.
And this **««»iii*«* further saith that Ridi-
axd GoodsMoghtold this extamnant that ha
- V
423] STATE TSIALS, 35 Chaalbs iL tS^i.^JoroimUim to ih TruOi [4M:
had ipoken to one Mr. Grange a btewet in
Westminster to try what men could be raised ^
in Westmouter for carnring on the last design
of raising 3,000 men out of the city and'suburta,
and also spoken to one Barnes a batter in
Fleet-street to try what men might be i-aised
thereabont, but this ^minaut neyer spake to
either of the said parties about it, neither doth
this examinaut know nor bath heard what
other persons were employed by Goodenoogh
'Or any other person in that^jkiingn, and further
S»ith not Bob. West.
The fiirther EXAMINATION of ROBERT
WEST of the Middle-Temple, Banister
at Law.
This examinant upon farther rbcollection
•aith that when the insurrection intended in
November last was resolved on and Walcot
agreed to engage in it, the said Walcot desired
tms e^mioant to lend him some of this eza-
minant's suitof ailk armour, vis. aback, breast
and head-piece, and afterward asked this eza-
minant to take some command of horse under
him to en|fage some young men of the Temple,
telling this examinant Ue could make this exa-
minant a suflSu^ient officer in two or three days
time, but this examinant refused to csunge
himself or his friends either, though he onered
the said Waloot the use of bis armour.
And this examinant farther saith that when
the arms in his former ezaminationa mentitined
were oirdered to be bespoke, it was also pro-
posed that Fex^^^aaa shall provide the 600/.
he pretended to haTe ready tor that purpose to
huv horses, which should be kept at livery
stayUesin the names of private gentlemen, and
healways in a veaduMss to be made use of as
Itf ly opportunity for an assassinatioii or other
oocasien shook! offer, and the night or two
hefore th^ were to be used shouhl seemingly
he brought out of the hveiyataUes by .men
to be employed ibr that purpose, bat Fer-
ffuson not bnnging the money jio hones were
bought.
iUid this examinant farther saidi that after
the treaty with the Soola seemed to be at an
end, and the 10,000/. not like to be had, Fer-
guson told this examinant that the duke of
Uonmonlh was willing to qieak with this exa-
minant and Croodenongfa to conidder what
ouffht to be. done in the city and subuibs, and
to leave the lords and other people (Inr whioh '
this examinant aupposas he meant the lords
Grey and Aussd, Sidney and WiMman) but
this fxaminant reftned to so to the duke or to
air Thomas iomstrong, and knows not whether
C^MMleiiongh went to the dake» though h0 did
goto Affnwtvong.
And Feisuaon likewise told this examinant,
that if the English would not agree to stir, it
was his ojHnien and the opinion ef many of the
duke's fhendsi and of the Scotch g^nttemen
that were here, that the dnke ahoaU go to
Sfioiiiiid and head the SostfrtheM; srhemipon
Hr. Wade wh»iiaa Hm pvMUt itid, If the
duke did gt> thither he woold wiwtii|WihuBaaB
the expecMtion as avolynteer.
And this exaimnant furth^ 8tttb« Tkt^ at
some meeting for .the.carryine ontheasteBdod
assassioatioo, Feiyuson said the kinff weai
ftvquently in the mght across St. Jamers Pftik
in a chair without any attendanoet and thai it
would be easy for two men with swords barely
todispatoh lum and make their eoeape ; where*
upon col. Romzey said it was a atiaqgie things
to him, that the great men who w«ne aa de*
sirpustohave the business done, should aut
make a yiucse and huv some good voffice «t
court for some man wnom Ihey looakt iiua^
who should roar loud of the duke .of M oa*
mouth and the Whigs, and by that mcana get
mto -reputation and trust, and should obsenre
and give an aocount of the king's and doke'a
wallu and hours and any journeys they de*
signed ; and the said colonel said he had lahl
Armstrong so and bad him tell his lords.
And this examinant fdrther saith that about
the (ime the insuorection intended in November
last was carrying on this examinaot obaenrei
the lord Howard of Escrick and Waksot to be
very intimate and often together, and the said
Walcot told this examinant that the lord How
ard was as right as any man for the hiwimes
and as forward to engage, but tliis examinant
doth not remember tliat he ever spoke with the
lord Howard himself about that inaurrectioD.
And further saith Mr. Roe told this examinant
that Gibbons the duke ofMomuouth'a aervaol
ofoed to be one to commit theassaawnatian of
the king and duke, and further saith not.
Bop. West.
The further EXAMINATION of ROBERT
WEST of the Middle Temple, Barristor
, at Iaw. •
examinant furdicr saith, That after
Ferguson had told this examinant that a sum
of money fur carrying on the assassination of
.the king and duke in October last was paid to
a certain person who never returned it, at' which
the lord Shafisbury complained : the said Fer-
guson at another tmie a little bdore the dis-
covery told this examinant that Kidiard Good-
enough was the person to whom that money
was paid, and that he called Feiyusen fool fcr
letuming some monev he had received for the
same purpose, and col. Bomxey tsM this exa>-
-Aainant that Mr. Charleten paid that money.
And 'this examinant fuither saith that whe&
Mr*Goodsnough told this enminant that he
would sp«ik to Hone the joiner to be one ef
the assasanates, hesaid he vronld first tiy him
whether he would undertake an attempt upoo
tfiedukeof Yoik befoie he would break the
whole business to him ; and* as he 4band hiaa
willing to that he would pvooeed. And thia
•aaaunmant believea Mbr. Goodenoug^ did ae-
'Cordingly, ftr that the said Vane aming (a
thia fuamwianVs chamber soon aficr,and beiag
asked by this txammaat whadicr he bad hitefy
Miu'Mr. Goodmeughf 9he said Bene en-
diSl STATEiBUALS^ 36€«MLBt 11. iSU^^-^far ihe Jty#-ANM0 Phi. {4^6
fipered lie h«d, and talked with liSm about m
job apoD Ae duke of York : tod this ezami-
■om aildiig'.hin& wfae&or tliey were agreed ?
Hone replied yes, but this enmloant doth not
lemember that }Ioiie thei mentioned the king^
tr any name or description implying'the king.
JmI about fiveor m waefci ainoe the aaid Hone
came $o iWa AKamiaaBt'a ehanber aboot a
IpaaH alteaa^wm thia e«puBinaoik desi^;ned to
maJbe in hia ohambar, aoid then the aaid Hone
iiM Ahia exaaoinaBt, Mbater, wtUoothiog be
dapef To whiebllMf examinaivtaniwaDnr he
befierf^Mt, theaaid fione aqdiBd, if this duke
of HfonoMatb ar^mld be true and appear openly,
I eoubl ^mha l»w £0 honest iittows irom
oar aide of we nwler ^oMnaing fionthwark)
fFho .wnnld he jceady for bnsinrM as jrell as
aysolf, and this examinant asking him what
baaimsi ? Hone vepbed any business, either a
Jniak push (by wiucm this esaminant supposed
he/ueaot n general iaaurrectioo) or the other
nick or job in taking* off the two brothers, tba
5Baptaitt vend lieutenant, wfaieb were tiro nanws
naad inr the 'king and duke.
AtBtd Ifaia **T*ffltip*"i* further aadth Uiat when
Ihf diaoonne was had ioonoemintf the killing
the aBiniateijH .of atate, ookMiicl Hoi^izey said,
the Joed HaltiLX nras .one of the greatest rogues,
nnd deaenred it aaore than any man, ibr he
fgnftsiing hinMflif iormeriy of our party knows
mn^ arenSness and disiaiona and hath exnoaed
1*1 and .iMdfr the joonit ▼entuce upon filings
which thaf mouidnevcr ham doaa otherwise.
And when Ooodenaui^h proposed that the Lord
jKeeper abould be jbafi^ed where .CoIled|[e
was hanand, Ifais^zaminant haring an opinion
thatttieXoBd Keeper waa an enemy to this
eaaminaiit. and had uaed hiin Tory hardly in a
canae this eoEaminaot lately bad in CShancery,
Aiaeaaainant desired that be uiiirbt ha?e tne
eortody of the said Lord Keeper a tittle while
tomnfcehimsenabieofhia unkindness to 4hi8
esaminant, but this esaminant never deg^ed
or dnaired to lutlthe said Lord Keeper or any
ather-peeaon, nor would hare had hie -.hands in
any man's Uood.
. And this esaminant farther saiih that Fer-
gaaon late^ told this eiaminant that Mr.
Cvomwnll, aon of ftiehard <;romwell, who usu-
ally ^|aea by the name of Mr. Cranboum, was
as nun as to endeavour to make a party for
hinxsi'lfjorliis fttber in the<»ty t and dood-
«Mi|igli tfbnnsfly, via. about Christmaalasttokl
Ihia esaminant that he believed the said Mr.
GiomweU and Mr. IretoU'llM son of lieutenant
gcnenl Iretoo woidd asttst in the intended as-
amsination ef thekina^and dukein person.
iAoKl dua esaminant Author saith, that Mr.
Ilaodenonyh told this esaminant that he had
apshen to one Partridge a shoemaker and al-
■nnacfc-Biiakar in Cov^nt-Garden to act in this
iMMsinatinq, and that the said Partridge ofler-
ei to joinfia it if it were to be done in town, but
was not able ^ ride, and therefore would n9t
Joifi in the attempt out of l^don: Atkd-farCher
aaid that the aaie Cartridge had ereeted several
aths—a andtfwwby^bimd the duke of Yoik
wmU aoarea oat->li;re Mareh or April, and that
Ae king waa under an ill direstion too, and the
people wwdd he notariooB. And Mr. Ryley
ttda thia esaaunant the same thing aa to tha
schemes erected by Partridge.
And this eiaminanl further aaiththatooKRom-
ney toU this eiaminant that wbea Mr. Trench*
ard refused In go into the west ard raise a foroa
for the iotended insurreo^on in ISoviember last,
the said Mr. Trenchard waa sent ihr to Ibe
duke of Monmouth's house about it, and there
Were present the said duke, the lord Gray and
col. Bomzev : And further told this esaminant
thatthelora Hussel had prepared to go 4ie
then nest morning to his post which was some-
fiiiera in the west, but this esaminant doth not
ramnaber the place.
And this eiaminant further saith that after
the disoaverv, Waloot told this esaminant, col.
Romacy, Wade, Nortoa, NeHhrop, Ooode-
nongh and Fewuson, that notwitlistanding th^
aaid discovery lie was persuaded Ood. would
yet deliver this nation, W he-did not approve
of the preaent instrumeiits who had undertaken
it, or used words to that purpose.
And this esaaiinant farmer saith that' ha
haaioga aon lately bom desired eol. Romzey
to be godfather, who said he woald not, er-
oapt he might name him Brutus, but wus af-
terwards prevailed with to do tbnt office, and
gave the name of John to the child being the
said colonri'snwn ohtistian name.
Rob. West.
The farther INFORMATION f|f SOBERT
W£ST of the Mid(Ue X/oi^ple, Sarrite-
at Law.
This oKaminant upon favdier recoHectioii
saith, that Ferguson formerlr, viz. soon aftor
his return from Holland, told this examinaift
that Dr. Owen and one -Mr. CoRins either a^
anabaptist or independent preacher were the
most sensible ministers about the town, and
were both oi' opinion that the intended assassi-
nation and insurrection were both lawful and
necessary, and that colonel Qwenj 'Dt, Owen's
brother, was privy to them and jomed viith co^ .
lonel Sidney and raajor WUdmanin tbema-
nagemet't of the treaty with the Scqts, and that'
one Mr Mead a nonconform^ minister wt^
aealoos in the business of an insurrection, ^lit
was not for beginning it in* I/>ndon, and Mr.
Nekhrop told this esaminant the same thing of
Mead, and that he waa able to raise 1,000 men
or more.
And this esaminant 'f\irther saith ,tbat Mr.
Nelthrop told this esaqiinant that in case of an
insurrection which he much desired, he would
go along with the lord Russd wheresoever he
took his post and would furnish oat hioiself
and a man with able horses and arms and k
good sum of money.
And this esamiaaat further saith, titai upc|a
a discpurse with colonel Romzey Opnoemin^
a general insurrection, tiie said cofonel told this
esaminant that tf he conld have 1,000 naoluta
427] STATE TRIALS, 35 CHAKLBS I|. l€$S^Biiroduet'umiotheTrial$ [42«
ftHowt to foDow him and another 1,000 men to
flecore him at hia back, he would undertake to
drive the kbg, all the court and die guards out
,of town so as thev ahou|d not dare to look back
tin they were fled to Windsor.
And this examinant further saith that the
money which this examinant received from
Ferguson amounting to something more than
the arms bought by this examinant oost, this
elaminant by the duection of colonel Romzey
paid 5/. to Mr. Wade to give to oah Maiuung
who was to have been one of the assassinates,
•nd also in the last designed insurrection to
|Mty some debts which Jklannins^ owed, and the
said colonel Romzey, Mr. Wade and Mr. Nor-
ton gave Manning a guinea or SOi. apiece
inore. , And the said Wade asking this exami-
nant whether he wohld personalnr engage in
the last intended insurrection, ana this exami-
nant saying his infirm constitution was notable
to bear the toil of a soldier's life, Mr. Wade told
this examinant, then he must fit out some men
that would, and that this examinant should
give his blunderbuss to Manning who was a
strong stout fellow able to carry it, which this
exaramant agreed to, and to fit out two foot
soldiers, or do any thing else was fit for him
to do.
And this examinant further saith that at one
of the last meetings for raising 3,000 men out
of the city and suburbs, Mr. Bourn reported
he had communicated the business to Mr. Lobb
a nonconformist parson, who had a congrega-
tion of poor zealous men, and that Mr. Lobb
embraced it readily, and promia^ to employ
two trusty men of his congregation, to go
amongst the rest and engage as many as they
could. And this examinant furdier saith, that
Ferguson had four several lodgings during Cbis
examinant's correspondence with him, at three
of which this examinant visited him, viz. at Mr.
Bourn's the brewer, at Mr. Owen's a lawyer
Imng at the fiirtber end pf King-street in New-
. Southampton buildings, and at a cutler's over
a^inst Will's coflTee-house in Covent-Garden,
his fourth lodging was in St. Martin's-lane in
the fields at a JDutoh Doctor'^, orNGerman
quack's, which this examinant never was at,
and knows not the name of.
And this examinant fiuther saith that colonel
Komzey discoursing with this exairtinant fur-
ther concerning the duke of Monmouth, told
this examinant the doke was inclinable to an-
swer the people's expectations, and to submit to
be little more than a duke of Venice, but the
lords about him and Armstrong designed great
<tf ces to themselves, and wiU not endure to
hear of terms, but cry all shall be left to a par-
liament, whereupon this examinant saying to
bim, it were but just to discover all their in-
trigues, but die being an informer is an ugiy
thug, colonel Romzey replj^ed, it is true our
people are not worth ventuiiog for, and the
iothcr people are nut worth saving, besides it
would give a great blow to the IVotastant inte-
rift t&*the work! over. And further saith not
RoMRT West.
The EXAMINATION of WILLUM HONE,
Joiner, taken before Sir William Turner
Knight and Alderman of the Citv of Lon-
don, and one of his 31ajesty's Justices of
the Peace the 4th day of July, 1683.
This examinant saith that about the fire time'
at Newnuurket Mr. Richard Goodenoogh came
to him to Clifibrd's-Inn where he was at work
at one Mr. Cark's chamber, and asked him to
go along with him and told him he wanted
some IflSourers; this examinant then adced
him if it were honest f Upon which Mr. Good-
enough clucht his fist and atmok it towards him
mourn twice or thrice and told him it was to
seize the king and the duke, and that there
'would be SO/, apiece to bu^ horse and moB^
This examinant then told hwi he was wdl set-
tled In his trade and did not care to tiouhler
himself. He then further told this examinaiit
that they had taken care to secure the dty, and
then they appointed to m^et the next day at
the Amsterdam coffiw-house, where they met
together, dnd from thence they two went il^
one Sergeants a Cook's-ahop at the sign of the
Roe-bock at the comer of Bartholomew-kiie
where they dibed, and whilst they were thcve»
there came inopo Keeling and one Rombald
who had bat one eye, and after some discourse
Mr. Keding said let us go, and Mr. Goode*
nodgh said we want clottes, Mr. Keehng re*
plied he had clothes for half a doten, and fbr-
ther said let us make what we can and g[o,BIr.
Goodenough answered no, and pcintmg te
Rombald said, there ia one knows the temper
of the people better. This exMninsnt furtlier
saith that Mr. Goodenoagh» Mr. Rombald and
Mr. Keeling went from thence to a tavern ili
Bartholomew-Uuie where this exanunaot'came
to them, but heard no discourse at that tmie»
but drank and went his vray. ^ '
This examinant fiicther saith that a foituf^
afW Whitsuntide he met Mr. Joseph Kedufr
and his brother in Threadneedle-street near the
Exchange and they woukl needs drink witb
him, and he went with them to the Flandcre
coffee-house, and then Mr. Josias Keding told
him his brvSkher was a stout m^ and oould
bring together dOmen for his share, and thea
thev went aU three into a room above-stairs^
and then Mr* Josias Keding said these- words
to him. You know the boaiiMas of the Rjre, this
examinant at that time knew die meaning of
the Rye, but not the place they called the Rje;
And they being three together they ML mie
discourse concerning the king and the doke of
York, and how they should dispoae of tbena
and depose the king, and they bemg hot fai this
discourse this examinant said he was ihr ask-
ing the duke and securing the kin|[, afterwards
the two Kedmgs sent ttiis examinant to took
for Goodenough and told him thejr must needs
speak with him presently, and after this exa-
minant had hem from place to place to find
bim, and missing of him he returned bad( lo
the tavern wh^re he finrnd the said two Ked-
inga and Goodnoogh and some otbeca who this
4S9] STATE TRIALS, 35 Charles II, l683.— >r the RgerH^use Plat. (430
rTMnpiBPt doth not know ; and there the said
Goodenough and bodi the said Keelings retired
into a priTate roqm, but what passed between
them this examinant doth hot know, neither
hath he seen them since. This examinant
further saith that about Michaelmas last was
twelre month aa he remembers Mr. Goode-
nough spoke to him to make a private place
between his roof and the ceiling joists of his
house with intent as h«; told this examinant to
put money in it because the times were dan-
gerous. »o this examinant cut the raflers and
untiled part of the house, and made such a pri-
rate place, and niade a frame and a door for a
man to go in, and the bricklayer tiled it oyer
and OTcr the door, but what use the said Good-
enough afterward made of it this examinant
knows not. This examinant saith that the
persoDS engaged in- this conspiracy are Mr.
Richard and Francis Goodenough, Mr. Robert
West, the two Rombalds, and one Adderton a
glazier, and Lee a dyer, and both the Keelines,,
and a crape-weaTer who lires about Chiiwdl-
This examinant saith that he hath worked
fat die said Mr. West at his chamber in the
Temple, and one day meeting him in Fleet-
street he asked this examinant if the ball were
mce up whether gamesters would come in in
four or five hours titae? This examinant re-
pfied he thought they would. And at another
time being at work at his chamber they fell
into discourse together concerning the depos-
ing of the kine and the duke, and words to
that purpose, but what the particular words
were he doth not well remember. This exa-
minant saith that to the best of his remem-
brance as he was drinking with Mr« Leo at the
Kings's- head tayem in Chancery-lane about a
Ibrtn^ht after Whitsuntide last, the said Mr.
Lee told him there was a captain of a ship
would appoint Vhe hurling of a silver ball at
Blackheath, which would draw a great com-
pany or people together, and then he would
give them brandy, and then they would go and
seize on the Tower.
Tliis examinant further saith that he being
It work at one Mr. Percival's at Chippenham
where the said Adderton the glazier was also
taking order to work, the saiiT Adderton asked
tMs examinant if Mr. Goodenough had sud
any thing to him about the busmess? This
examinant asked him what business ? llie said
Adderton replied he had told Lee of it, and that
ymi all passed between them. Will. Hone. •
Capt. et'Cognit. Coram me Die
et Anno preesen. Will. Turner,
INFORMATION of WILLIAM LEIGH.
' Ido det^re that. my first asquaintance with
Hr. Rowse and Mr. Lee was by reason of cap-
tain Blagg and his business, to go his mate, and
4ie first timethat ever Mr. Rowse spoke any
tUoff to me about the plot, was one my I met
bim by the Exchange ; he told me he had some-
4u&g to say to me ^ and to the bei^ of my re-
inembrancebe asked hie presently after, if I
did know of any seamen mat were fitting to '
make captains in Wappiog : I told him No, but
I would see what I could do ; and he promised^
he andMf- Lee to come to the Blue Anchor
by Wapping dock next morning about ten
o'clock, but came not : Another day, he and
Mr. Lee came down and discoulted with some
of Mr. Rowse's friends that he met, but they
did not like his way and so, parted. '
And the first time that ever I heard of toss-
ing up a ball was by captain Blagsr, but 'I do
declare I knew not the meaning of it till Mr»
Lee and Mr. Rowse asked me about taking the
Tower ; and whereas he or Mr. Lee or Mr.
.Rowse,' or both, asked me about tossing upoi
a ball, as I take it on Black Hea^ : I asked
what they would do there ? They told m^there.
was some hundreds of horse ready in the coun-
try; and as for captain Blagg, I heard him
say that mortar-pieces over Southwark side
would be the best way for the taking of the
Tower ; and I have heard him say, as near as
I can remember, he could raise some seamen^
but the number I have forp^t ; and all that
Mr. Le<5 spoke belbre ihekmg^ and coimcilin
my hearing was true. A^ this I am willing ta
attest ; and for knowing of any others besides
Mr. Lee and Mr. Rowse and captain Blagg to
be concerned in this plot, 1 know not, neralier
can I call to mind any words spoken by any bat
those three. William Leigh..
The further INFORMATION of WILLIAM
LEIGH.
S9iall it please your majesty ; Since I sent iii
my paper, I have sent sometnmg more which
came in my mind since. That is abovt getting
somesekmen that might be fitting to go com-
manders or captains of ships ; and as he adked
if I could not get two or three ; sometime
afterwards 1 did enquire what he would do with
them, he told me to make masters of ships. X
asked for what end ? He told me to put in shipiB
at Deptford or Woolwich, that is men of war to
make guard ships to stop aligning and coming.
I did ^ him what he would do with them
when there was no guns nor , powder nor ^ot
on board ; but I told him if he had the Tower
then be might do something : but his answer
was, if not then, some time after thet, says he,
Mr. Rous by name, we must secure the Tower^
and White-hall both together, or else there
could be nothing done : ror, says he, we must
take the king and then our wori is done, to the
best of my remembrance: I asked what was
then his oath of aDegiance ? He told me if thej
had the king he should be king still, but %ht
under his contunission. I do think Mr» I^ee
was there present. Will. Leioh, '-^
INFORMATION of the Lord HOWARD to
the King) the 11th of July, 1682. '
The FirstPart of my Narrative ; being a s^im-
mary Account of all that occurred to m/.
4$i j StATE TRIALS, 35 Charies tl. l6%3.^1iUrotheium I0 the %ml$ t^St
knoiHedgefrom Stoteinber 29, 1683, to tb«
time of the earl of bhaflesbury's Death : —
Abontthe middle of September 1682, I had
occasion to go to a small estate at f oUbury in
the country of Essex, where I contiiiiied aoont
a fortnight waiting to hear of the ultimate issue
and riesuit of tbelontf contested election of the
sfaeriffiiofLoiftfon, tvnich was shortly to receive
a final determination by the swearing of the new
«b^eriffs into their office.
Dnring which time of my continuance in the
liobntry I rdccived two or three letters from
captah^ Walcot, importing in a mysterious
stile, well enousfh understood by me, that the
matters of negotiation betyrixt me and the mer-
«hilnt my correspondent were brought to a
good ccfnclosion, and that my presence was
speedily desired for the better perfecting the
tfame.
Uptin tlie t9^ of September (being the day
which pnt an end to the lotg dbjirote about the
sheriff) I fetturnfed to my hotise Ht Knights-
bridge, wb^re t had ndt be^ tStafe two or
three davs befbre 1 received a- visti from cap-
tain Walcot, who aconaiiited me that the earl of
Shaftesbury had wimdrfawn himself from his
ciWn hotkse into a retirement in the city,
^ere (thotig^H he was secreted from most of
lite ftiends Jret) he desired to see tne, for which
piatpose his lordship hatt sent him to me to shew
liie the way to his lodging.
I presently closed with the invitatioii, and
went alooff with him to one Mr. Watson's houte
Jtoil the ftiHber end of WoDdilreM (reckoning
from Cbeapside) wjiere 1 Ibund his lordship
alone, vho immediately begun to adrise me
ill fhH milnner, n't.
That firidbg the due election of the Hty fims-
tiatedby the Ptoeudo-sheriffi^ forcibly olitmded
upon them, be cObld no longer think himself
nfe (tlvougfa innocent) m the future adminis-
tftttlod of iustit«^ which must hereafter be ex-
isted td be wrested by such mlnistera to the
Humotir of the court, but this danger threatened
ilbt hiitt only, but me nlso, and aB hoilest men
ih l^nMM, in thfe sense whettdf he had
thougm it neeettary forbhn (and belienfd it no
less n^tetiMly for me) to withdraw hhn-
iltffiiiothe mfy wherl^tae had made such pre-^
elitions (miMng with a ifitoosed matter) that
did hot dodbt but m * shott time he should
be able tvrelhicetliinffs to abetter povtnre:
tfisit itr order falsreunto mere were several thou-
iMidii (I thiift he mentioned 10,000) ilirhO were
rBIUlT u](bB nbtiee grreti to het^Lke thett&sdres to
tMk TMst to make diemsetvet masters of
tfift city, ttHi aftori^aid sidly out and atiAck the
tfttllMii«tWhhe.ftaIl,tfaatiheyweret6 be as-
slMkl tkrith ttboot 1,000 or 1,900 holrseto he
uflwA'liQsettifUy into toWn from leveMd a^a-
oentpcfts of this comtry unde^ ^e conduct of
aevend good officer^ anwngst whom he made
Vfea&sm of Mmr Bi«iim Mdnf hunr oilyj imt
there wts nodiinf hmderad the putting or this
into speedy execution hat thebackwai^hMss of
todlie^irMontnoath and %^ lotd Rnasd (lo
wiioDrwircractiQS Mnt vn^fViBioni iinui-
8
I don, sir Henry lugbldsby, and several otliei^
gentlemen who would not stir withont the
duke) who had unhandsomely ftnled him after
their promise given, him to be concurrent with
him in the like undertaking (at the same time)
in Devonshire, Someisetsnire, Cheshne, Lan-
cashire, and other counties to give variety of
diversion to the standing forces ; that the lord
Grey seemed to be niore fbrwaod then than the
rest to join with l^im, with whom Hf lie cooM be
gained) he intended to couj^ me wr the raisinff
of Essex, and that lord Herbert and colood
Romcey would be assistant to him in the con-
duct of the city afiairs, together with very many
eminent citizens who dcaired .to have their'
names spmd'till the time of action, with many-
other particulars too long to be enumerated in'
this short sumfnary.
To aH this I answered, thai I was giad io
-hear and ivasWiDln^totake it upon his credit,
that the city was m as great a readiness for
action as he nad exprest ; and that there would
be 90 considerable a body of horse brought out of
the country for their aid as he had intimated,
nor did I doubt bat he had prudently provided
ior all the requisites to so great an undertaking.
Bnt withal that I couM not but be much sur^
prized to hear that there should be so great a
misunderstanding betwixt him and those noble
lords whose ooncunence I thought absolutely
necessary for so great a work, that if they had
failed him (as he nad irelated) after an appoint-
ment made, they had acted very unsuitaluy to
the diaracter they bore, and would deservedly:
forfeit the opinion was had of them, that I must
be allowed the liberty to discourse with them
about it and till then suspend as well my een-
scire oPihem as the resignaiioh of myself toi
him in the knatters nropounded by him : npon
these terms I partea from him promising to see
him again within a jday or two.
The next day I went to Moor-Park, where
the duke of Monrtouth then was, and in short
acquainted him wftli what 1 had heard, a4 wdl
conc^mhighfail6elfasthelordRt]8BeI,&c. He
absolutely denied that he, or (as he b^ieved)
my^btd Itossel hsd evetr madi^ any such ap-
pbmtment with my lord Shaftesbury, that they
were altogether ignorant of what wu dddc
by tbesaideari, who fot some time (upon wht3
capricto he knew not) htd withdrawn himketf
ftt>nl them and adted upon separate ooandls of
his own, grounded (as he ftar^) upon the hasty
conception^ of some hot-headed men, .who.
mi^t lead him into some untimely underbdongp
which in all probabilfty would prove ftlal to
himself and all th^ party : foir prevention df which
he said be would be gnd ^ ne knew where) to
give him a meeting, aad to reasule aheHar vi-
derstandiiig with him.
Hating tiad this account Mm the duke, 1
made a second vinit the next day (beitijf Thnr*>
day tiie 3d or 4(h of October) to the said eari, to
whoni I comifnunii[«ated what had passed the day
before betwixt the duke and kne, and thereapoa
ttiok occasion to strengthen nfjrself withargu*
QVMilB of ^la^^hsdhite mtbUHttj oHt speedy con*
453] STATE l*krALS, 35 Chablks II. 1583.— >r the Rye^ITouse Plot, [454
feenoe betwixt him and the.oti^er lords as
wdl for the removing^ the pre^nt misapprehen-
sions thejT had of catch other, as also fot, the
consolidating them into such an union autl con-
cert of covtncils as might render them all jointly
hdpfol to the' common interest by an harmo-
nioas and nniform acting to the same end in
which they did all agree however they might
differ in the means. This I ui^ed upon him
with all the Tehemency that the nature and im-
portance of the thing require, but be still per-
sisted in a refusal of a meeting, saying with
more than ordinary warmth, that he
some
had lon^ discoTered in the duke a backward-
ness (o action, by which they had lost great op-
portunities, that he had cause to suspect that
this artificial dilatoriness of the duke proceeded
from a private agreement hetwixt his father
and him to sare one another. That people (so
be termed that imaginary army in the city)
were impatient of longer delays, having ad-
vanced so far already that they could not safely
retreat : the intention of an insurrection being
communicated to so many that it was morally
impooBible to keep it from taking air if it was
not speedily brought into act, tliat one of his
friends (whom I afterwards understood to be
Kombald) had drawn almost an hundred horse
into LoDoon by small and unobser\'able parties
a little before Michaelmas day, who (ai'ter they
had continued here a good while at their ex-
pence) were again retired to their respective
places of abode ; that such frequent disappoint-
ments would weaiy the party and flat their
sprits aod make them at last resolve to sit down
in a total despondency ; but it was much to be
feared the duKe actedf with a prospect very dif-
ferent from theirs, he designm^ nothing more
than the advancing himself whilst thev could
not hope that ever their liberties should be well
aecurni for the future, but under the govern-
ment of a commonwealth : that for these rea-
sons he was fully determined to be no longer
expectant upon the duke's motions, but would
puTsae hidfformer intentions of attempting the
deliverance of his country by the help of an ho-
nest hndc ytorty in the city, wjth whom if the
rest of the lords would be co-operating they
might share with him in the glory of so ho-
nourable an undertaking, but if they would not
be hoped he should be able to effect the work
without them.
July 11, 1683. Howard.
himself till the time of his departure out o^
England.
Curing the time of Lis concealment, divers
intimations were given, some to me by captain
Walcot, others by others to the duke of days
appointed for their intended insurrections ; one
appointment was about the latter end of Oc-
tober at which time the king's return from
Newmarket was expected -^ but this was pre-
vented by the duke, who p^c^ a'ded with thenf
to put it off to a longer day in expectation of a
concurrence of the country with ihcm.
Thjs adjournment (as I remember) w|is for a
fortnight, at which time returns from the
conntiy gave discouragement to the proceed-
ings.
Afler this the second of November was made
a dav peremptory, as I have been infbrrnerd^
but that also was put off I know not upon what
disappointment, which often f lilures caused
the said earl to take resolutions of conveying
himself beyond the seas, which he did ac-
cordingly.
Whilst these things were in agitation, I
have several times had some dark hints givcu
me from captain Walcot, from Goodenough,
from West, from Ferguson, of striking at tlm
, head, of shortening the work by removing two
persons, by which I did apprehend that thero
was a design of making some attempt upon
the king and the duke, or one of them ; bui
when. and where, and by whom, and in what
manner and place this was to be acted, I nevev
saw.^ ^ *
This ends the transactions during the lif#
of the earl of Shaflsbury, the rest shall be made
a second part. ' , Howard.
July 11, 1683.
This was the substance of the second Confe-
rence I bad with him, which I reported the
next day to the duke, who desired me to make
one assay more to procure an interview.
This occasioned my going to the said earl a'
A Continuation of my former Narrative.
AfWr the death of the earl of ShafVsbury, it
vnis considered. That as there had appeared
both in city and countiry a viery prompt and
forward disposition to action ; so it might justly
be feared that either the minds of men might
(in time) stagnate iqto a dull inactivity, unless
proper acts were used to keep up the ferment-
ation, or (wiiich was equally dangerous) that
the unadvised passions of a multitude mi^ht
precipitate them into some rash and ill-guided
undertakings, vUnless th^ were under the
steering and direction or some steady and
skilful nind. For prevention of both these
evUs, it was thought necessary that some few
persons should be united into a cabal or coun-
cil, which should be as a concealed spring both
to give and to guide the motion of the machine.
The persons designed to this general care
were the duke of Monmouth, the lord Kussel,
tober, at which time I did prevail with him to
gtre me a promise of meeting the duke and
my lord Russel the next day in the evening,
hot instead of coming, he sent his excnse both
to the duke and me, the next morning by c6-
looel Romsey, and straightway removed to an-
other lodgings, where De eontinued to secret
T 01,. f X.
flitrd time upon Saturday the 5th or 6th of Oc- the earl of Essex, Mr. Algernoon Sidney, Mr..
Hambden junior, and another whose anilities
and qoalifications did in no degree fit him for
such a province.
' The hrst meeting of these six was about the
middle of January at Mr. Hambden'-s house,
at which consultation there was only propound-
ed some general heads, which were afterwards
2F
4n] STAtE tlUALS, 55 Chablbs II. 1 6ad.— /ulrMiM^W to tie TWob 1490
{upon more matai^ thoughts) to be debated, I
viz. Where the insurrection should be firs^
made, whether in the city or in the ro6re re-
mote pacts of the country, or in both at (the
same instant ; what counties 'were thought to
be best disposed to, and best 6tted for this en-
terytrize ; what persons in the respective conn-
ties were the most useful and most ready to be
engaged ; what towns easiest to be gained, and
Hie most proper for a general rendezvous;
what arms were necessary to be provided, how
to be got, where to be disposed, what sum of
inoney was of absolute necessity to answer
public occasions ; how and by what methods
such a suih of money was to be raised so as not
io draw into obeeiTation, nor to administer oc-
casion of jealousy : and lastly, which was the
principal and thought to challenge the chieiest
care, ^ow Scotland might be drawn into a con-
cert with England, and which persons there
fittest to be consulted wUhal about this matter.
This was the sum of thai day's Conference.
The second meeting was abc^t 10 days after,
at the lord RussePs house, where were present
every one of the foresaid six. [
At this meeting it was propounded that a |
speedy understanding shonld be settled with
the lord Argile, and that in, order thereunto
some fit person or persons sliould be thought of
to be sent to him, and to be a constant mraium
of correspondence betwixt him and tbeni.; that
pure should be taken to be rightly informed of
a true state of Scotland, of the general bent
and inclination of tbe {leople, of the capacities
or incapacities they were under, and that somjB
irostv messenger sliould be forthwith dispatch-
ed tnither to invite two or three of the most
valuable gentlemen of that country into Eng-
land to Uie end they might be advised with
•bout the general design.
The persons nominated to be called into
Englana, were the lord Mehin, sir John Cock-
rao, and I remember anotliereentlemanof the
fiimily and alliance of the kird Ai^e, who (if
t mistake not) was of the saiue name also, and
a knight, but of this I retain but an indii^ct
remembrance.
Some other things were considered of, but
9f uo great moment.
At the conclusion af this meeting it was
ligreed, ihat there should not be any other
meeting' of this cabal (unless in case of scJme
-extraominary emergency) until the return of
^he messenger sent from hence, and tbe airival
of the foresaid gentlemen ou^ of Scotland.
This affordiog a kind of vacation I soon after
went into EsseXp whither I was called by tha
concerns of my estate, afler that I went to
Bath whither I was Enforced to go by the in-
firmity of mv health, so tliat what was done or
argued on alter this, 1 can give no account but
%f hearsay. Hqwaro.
July 11, 1633.
A SuFPLEimnr of some tbiag* wkieh (apott
recoUoctioD) have occurred to »y mflsnory
since my former Informatfc>D.
I remember that my lord l^i^leabanr com-
plaining of divers persons who had deaeiied
nim and fell short of^their engagements to him,
amongst the rest named his cousin Charleton
(meamng Mr. Charleton of Totteridge)^ who
(he said) bad promised and was able to nnog in
great assistance to him, umm which be did
much rely, but was quite fallen f^m him, and
had so wholly attached thimseirto the duke of
Monmouth and my lord Russel that he wt«dd
act only by their measure.
Speaking also of maior WOdman, He said
that he was very forward in the worki and v^ry
active in it ; and being told by me, that
amongst other things which were wanting in
such enterprize, the want of some great ffonn
seemed to me not to be the least. He UA^ me
that they should be furnished with two drakes
by a friend (whom he did not name) which two
drakes 1 have since thought may be those two
small pieces found with ma^ Wildman.
The person mentioned m my former iiam«
tive who^ (as my lord Shaftesbury said) bad
offered to kill the duke with his owiLhands. I
do now distinctly remember to be Mr. Joon
AylofTe, to whom he answered. No, Jack, thoa
shalt not kill him till we have an armed force
to justify it.
About the 10th or ISth of October after a
stop put to the then intended insurrection, the
duke of Monmouth told me that he had
seriously thought of it (meaning the insurrec-
tion) and tbiU after divers ways proposed and
seriously considered of he. was cleariy of opi-
nion that there was nothing so easv to be
complished, nor so probslle to do the work
effectually as to fall m upon the king at New*
market with a smart party of horse of aboof
^ or 50, which he said he could soon have in
a readiness. To which I. answered. That I
was of the same opinioii, but whether or not it
would be decent for him to appear -in person
in an attack to be made when thie king was in
person deserved" bis consideration. Two da^
after I spoke to htm of it aflpain, and asked hini
what thought he had of it; he answered
me that it <M>uld not be brought ^about aoon
enough. After which I never discoursed mom
mik him about it ; but upon reflection I am
apt to think that firom this time and not before
tiie iiesign of wayolaving the king in bis re*
turn to Louden was nrst meditated, and I am
the more confirmed in this opinion frdm the
consideration of the behariour of Uie duke of
Monmouth and lord Grey, who seemed to be
very big of expectation or some J^reat thiii|g
to be attemptea upon ftie day of^the king^
coming fromJ'Hciwmai^et, upon which day (as
I have before observed) sir T. Armstrong was
not to be found till the king's coaches were come
in toun, and I do verily Uilieve he was to have
headed the party. To this also may be added»
That the duke of Mosmoitb withui few ^jm
4S7] tUxm TBUOA M Cll aubb II. KMSH^ ^^^ lfy04tHue PM* [49i
tAffloMiDelkftftlie httd that day men «rder | M9i fMd ip^«Miitfty, wbieli te W one captoia
to iHKre his bona carried into Loimkni to hftre John WtUnoMm ■seuiinante of the abip 3o^
been in a Radiness to iisv« moanteil apon any aeph of London, a good aaileri
WtLLUM 9f AFUTOM*
I do iurther call to mind, That th€t|e is a
ODoaidemhie potion living in Spittle-fields
wbona I rery veil know, and have oAen been
in bis <:onipany jlrot cannot remember his
jame distmcUv) this man I have been told did
undertake to nnng in S or 800 men upon the
aliength of his own interesi when occasion
ihoaUreqaiA; he is wdi known to Mr. West
HOWABO.
Fvtlier INFORMATION of Colond ROM-
Z£Y, Jane 11, 1684.
Sir Thomas Armstrong was at the meeting
al Mr. Sbepard's when I was there, and was
one ii^ nndertook to view the iSavoy and
Mews to see in what postnre the soldiers were,
jaiid how easy or dtffieult it would be to snr-
priae them.
flir Thomas Armstrong did tdl me that Gib-
bons came to him and aoqnainted him that Mr.
Roe and he had hem to see the earl of Bed-
Ibrd's garden and told him thi^t was a fit place
to take dff the king and dnke at, but in other
terms which now I haveforeot.
. mr Thomas ArmstroM^ <fid come tome the
JBimdaj night after the &e at Newmarket, and
tail m^ that he jnst came from Ferguson^ and
that notwitttttamng they returned so soon,
Fcrgnson did not £abt m have men ready by
Aat time to do the basiness, and desired mom
go with him to Ferguson's lodging in his
CDoeh whieb I did, when I came mere fergvi-
son told me the same bat that they wanted
money, Mr. Charleton not being to be Ibund,
vpom which sb: Thomas desired me to lend
some and he wonld see me repaid, and said if he
bad been in sleek he would have done it him-
sdf ; nponth^ruersnasion I went to ^ly hoase
1 tfiink io sir Thomas's coach and brought 40
goineas; he again repeated that he wduldjee
ine repaid ; several times aHer be told me Fer-
guson had my money and wondered I would
liotff6 to him to receive it.
i%sr the discovery sir Thomas came one
night and told me he wondered I was not gone,
and did importone me to be gone with the first
and In the mean time to ke^p eloOe, ibr that 1
was migtrtily Jiunted after.
J. ROMSBT. '
A Lnrsa from sir Wiluax Staputon, Go«
▼emor of the Leeward Islands, to sir Lbo-
LDIE i£NKBfS«
NeviSy Jan. S5IA, 1685.
Ifigfat Hononrable ; What now offers Io in-
jbrm yoor honoiir is that having seen the king's
wodamation wnd a list in print of the eonspira-
vm In the last most detestable plot ; I foimd
ose Jamen HoBoway merdent tberein speci-
M ied and ttidicted, who went by another
aiflie, Tin. John Milward, whom I l|i^e caused
ttbeweafdlhiorder to Bendhinihoiaeby the
The INFORMATION of JAMES HOI^
LOWAY. Read the 11th of April; 1684.
Great Sir: I ^our majesty's most humble,,
bat too moral misled, and disobedledt sulnect
do here most flSuttftiily, according to the best
of my remembrance, ^ve you an adconnt ol
what I knew concerning the llite discorered
conspiracy, how 1 came to be concerned,, how
fBx I was concerned ; bow it was to have been
carried on in Bristol : why I did not come in
at the first discovery, ana cast myself at your
majesty's feet for mercy ; how I made my
escape, and where I was tiD taken. If I shaU
through fbrgetfulnesB omit J|nv thing that it
may £e thought I am privy to, I shall be ready
andf willing truly to answer any qoestion that
flhidl be aoM by your mafestv, or any your
most honourable privy-council, no way de<«^
spairing of your majesty's mercy, but remain
in' hopes that that, fountain of mercy which
hath so abundantly flowed from your sacred
breast ever since your happy r ^storation is not
yet dry, and that there is some drops left for
me, who doubt not but to serve yoar migesty
both at home and abroad, much more hvrng
than my <kath win.
That which I have cause to impme the oo-
oasion of my being concerned, if as my tna
publio spirit, preferring your miyesty's and
my coimtry's interest muoh befinre my own,
but especially in attending the two lastpariia-
ments, promoting an act for the encourage-
ment orthe linnen manalbcture^ and the pr^^
venting of frauds in your majes^'s customs,
flee. Wbicb would have brought m, and saved
to your majesty near 900,000/. per ann. and
employc^d many thousands of poor, <Sec. as is
Weil known to many worthy persons about
your court, and indeed proved my ruin, other-
wise than in this oon^rn« by bringing me into
too gppeat acquaintance for one of my capaci^,
andby that to be' concerned as I was. My at-
tendance on those two parliaments I doubt
have been mis-represented. ^
Horn far I wa$ concerned.
After the dissolution of the two last narlia«i^
ments, I observed a great dissatisfacuon in
people in most parts where 1 travelled, bat
heard nothing of any design till July 1683,
when one Mr. Joseph Tyly of Bristol came
ftopi London; I meeting with him, asked
what news, be answered to this efiect, all liad^
and if some speedy course be not token we
^all be all undone, for by their arbitrary, ille-
gid ways and by force of arms they have got
sherifis to tibeir minds, witnesses they had be-
fore, but wanted jurors to believe thenf, noW
they have got sherifis, naming Mr. North and
Mr. Rich, who will find jurors to believe any
evidence agakiil a Protestant, and so hang nf
499] SiTATE TRIALS^ 35 Cha&LBS II. l6^S.^IiUr&dmction to f *e. TVitffr [44Q
aU the kbff^s fiiends by degrees ; I theo told
him .that I thought it was impossible such
Uiings could be done, but the king must hear
of it ; no, said he, there is none suffered to
come near the king, but those who have been
declared enemies to the king and kingdom by
parliament, naming some that were mentioned
m the printed votes, who to save themselves do
endeavour to keep all such thinffs from the
king's knowledge, and persuade nim against
paruaments, with much more such-like dis-
coui'se, by which 1 found the same was dis-
coursed throughout England, Scotfand and
Ireland as a means to engage people. At
length he told me that the I'rotestant gentry,
naminu' the earl of Shaftsbury, lord Howard of
tliscrick and others ^r-ere come to a resolution,
seeing fair meaus woulil not do, but all things
on the Protestants side are mis -represented to
tlie king by such great criminals, and none
more in favour than those, to take the king
from his evil council, and that by an insur-
rection in several parts of England at once,
viz. London, Biistol, Taunton, Exeter, Ches-
ter, New -Castle, York, and some other places
in the North, and that there would be a con-
siderable party ready in Scotland, and another
in Ireland, therefore said he, we must con-
sider how to manage afiairs in Bristol, for if
they proceed at Michaelmas in choosing lord-
ntayor as they did sheriffs, and to swearing of
North and^ Rich, it must begin in October or
November, otherwise there will be some Sham-
Plot contrived to take off most of the stirring
meu in the last parliaments ; with much other
discourse to the same effect, adding, that Mr.
Wade would 'Come down very suddenly, by
whom we mi^fht expect a full account of all.
About the end of August as near as I can re-
incniber, Mr. Wade came down, wbo con-
firmed what Mr, Tvly had said, but could say
little as to any farther resolution they were
come to above, either of any time Or method
agreed upon, but that the design went on, and
mc:i v/ere employed in all parts to try hoW
people were inclined, who found enough ready,
fttid that there would be no want of men, if it
was once begun. Then we considered how it
initjht be managed in Bristol, and what num-
1k r of men might be needful for the first onset ;
towards which he said, we might depend on
150 men from Taunton or thereabouts, and
concluded that 360 might be sufficient to
secure it without the bloodshed of one msui, it
bt ii:ir our design to shed no blood if possible,
but this we resolved not to acquaint any of our
friends with it, till the day and method was re-
solved, of which he said we should have 10 or
14 days notice ; and having soon considered of
a method, waited in expectation of further ad-
vice, but none came till November ; then we
heard that some disappointment happening
they were forced to delay it, though there was
mor/e aud more cause for it. The end of De-
cember or beprinaing of January had advice
that it was deferred to the beginning of March.
Tbe third of March 1 came to London, and
n^eetiDg with Mr. Wade, asked him
went, who answered diat he could not tell
what to make of it, for he could find nothing
done more than was nine months before. The
ffreat persons who were the mam^^ers having
done nothing but talked of things, but now
there was some others appointed to manage tt^
who were men of business, naming them to me,
viz. The carl of Essex, the lord Howard of
Escrick, the lord Gray, the lord Russel, colonel
Sidney, major Wildman, Mr. Hambden th«
youager, and Mr; Charlton, who he did sup-
pose would make something of it, and not do
as the others had done,'make a year's talk to
ensnare many thousarids of people* to no pur-
pose ; for these had already sent messensen
into Scotkmd and Ireland, to know their
minds, naming one Aaron Sfaiith sent into
Scotland, and at the return of the messengeis
would come to a rteolution as to time and me-
thod, but he was confident they could not be
ready before Midsummer by reason they had
done so little in order to it. Mr. Wade was
then designed into the West upon the eafl of
Stamford s business, and said it he could mi-
dcrstand any thing more before he left LondoB
he would take Bnstol in his way and acquaint
us with it. This journey he brought me to
colonel Romzey with whom we had little dis-
course, he being' going forth with his lady.
The sixth of Alarch I left London, and went
directlv for Bristol ; about the 13th of March
Mr. Wade came to Bristol, but then could say
no more than as above, the messengers beinsp
not come back from Scotland nbr Ireland, and
was of his former opinion, that if any thinc^
were done, it could not be before Midsummer^
he then ej^ected to be about two mouths in
the West, and said that if anv thing was
agreed upon sooner, one Mr. West a coun-
sellor had promised to write to him in the name
of Inglestone, and direct his letter to be left at
his brother's in Bristol, who Wade ordered that
if any such letter came, to open it, and if any
thin^ material in it, to seuditby a messenger to
himmto the west. About the 17th of Marchcame
a letter for him from West in tlie name of In-
glestone, which his brother opened, and not on-
derstanding the stile, brought it to me, but I
knew not the meaning thereof. The contents
was to desire Mr. Wade to get his clients to-
gether the nextSaturday come fortnight, fyr
that was the day appointed to seal the writings,
and neither of us understanding it, his brother
sent it by a messenger afler him whofi>und hint
at Taunton, and his answer by the messenger
was, that he knew not the meaning of it, but
should be within ten miles of Bristol the next
Saturday desiring that if any other letter came,
to send it to him. About three days afWr came
another ^letter as above, desiring him not to call
his chents together for the tim^of sealing was
put off, which letter was also sent to him, hot
he understood it not, saying, it was 'some rash
business or other and so went back again.
The dth of April I came to London, and
that eveping weot to Mr. We«|> ctkfunbcr
441] STATE TRIALS, 35 Ch^BLBS II. l683.<-t/b- the ttge^Bauie Phi. [442
io the Temple whet« I found him,' «bo thto
did not know nie, but when I tod him my
nime, from jvhence I came, and mentioned
the two letters Mr. Wade receiTed from him,
he b^^ to be somewhat free in discoarse with
ne. 1 then told him that Mr. Wade and hit
fiiends were surprised at the letters, not know-
ing what he meant by them, and did desire to
know, concerning which he seemed a little shy,
kit after little discourse, began to tell me, say-
ing, there was a design to take off the king
and duke coming from Newmarket, which
tbey expected would have been that Saturday
mentioned in his letter, had not the fire hap-
pened, which caused them to oome sooner ;
nay, said he, had we known they would hare
stayed so long as they did, their business should
hare been done : I then asked him what he
meant by desiring Mr. Wade to get his clients
together by that day, and what ne could pro-
pose they should have done, to which he
could say little, only that they might be ready.
I then told him, that I thonght it a very rash
thing, and that few in England would approve
of it, that I was sure none about us would,
being a most cowardly dishonourable action,*
besides the basest sin of murder ; then, said
he, what is designed by the generiil design but
to take them both off, and if it had been done
that way, it would have prevented a great deal
of hkKMlshed in the nation ; no, said I, no such
thing is designed as \ know of, the general
design being only to get the king off fro^n his \
evil counsels, who had advised him to put a
stop to proceedings against Popish Plotters by
disHoLving of parliaments, &c. and to bring all
nopish offenders to justice, and snch who had
betrayed the liberty of the suliject ; and this
I thmk was all the discourse we . bad at that
time b^ng the first of my acquaintance with
him : that night I went with him to a tavern
in Fleet-street, where was captain Norton,
Richard Goodenough, and one Mr. Aylif, who,
to my knowledge, I never saw before nor
since ; whilst I was with them there was no
<fisGourse of aoy business, but I soon left them
together. The next day -Mr. Roe of Bristol,
brought me to Mr. Ferguson, at .the house of
one olr. Bourne a brewer, but was not ad •
mitted to see him- himself; J'erguson then
went, by the name of itoberts, who when 1
had told my name and from whence I came,
was pretty free in discourse with me, and told
me the design weot on very well, that there
were some Scotish gentlemen come up,- who
were tr^ting with the managers, and did hope
they would agi'ee in a few day^, and come to a
resolution boui as to time and method, of which
we should have tiipely notice, but by all his
discourse at that time 1 could not neroeive that
he ktiew any thing of the Newmarket design.
That day I hod some discourse with colonel
fioBusey at his house who I found was privy
tP the Newmarket (business, and his opinion
WBsihat the general design would come to-no-
thiqg, for he did not approve of the managers
actings, and said there was nothing Uke the
other design, for tiiat would put an end to all
inahtttetime ; dien 1 told hnn that 1 thoo^
none in our parts would be for it, which I think
vras all die discourse we then had, only he
promised that if any thing was agr^ befora
Mr. Wade came up, I shonki hear of it, so I
took l(»ve and went for Bristol the next morn-
ing. About ten days after, hearing nothing
from them, (Ferguson having told me that h#
thought all would be agreed in ibilr or fire
days, and promised to advise) I wrote to Mr.
West desiring to know how th^ vent on, who
wrote me that they still met with delays, and
were come to no conclusion,- after that I heard
no more till May. About the beginning of
May I came up to London again, in company
witn Mr. Wade and some other Bristol men,
but when we came up, my business being in
the city, and theirs about the Temple, wre
parted ; after two or three days I met with
Mr. Wade, and asked hovr he found tilings,
who told me, he doubted all would prove a
sham, for he thought there was nothing in-
tended, findmg nothing materially done in
order to what had been so long discoursed.
Then we went to Mr. West, and discoursed
him fully about the contents of his letters, who
told us, they were resolved to kill the king and
duke as they came from Newmarkht, in order
to which, he had provided arms for 50 men,
pistols^ carbines and blunderbusses, and that
they were promised the house of one Rum-
bald a mdsler, which lay in the road, and the
king mUsteome by his door, there the men'
should have been lodged. Then we asked who
was to have acted it, to which he cotdd give
but a slender answer, and could or would name
but two^men, who were Rumbald and his bro *
ther, saying, if diey could have raised six or
800/. to have bought horses, and somethmg to
encourage men, they shouki have had men
enough ; so that we found they had tew meo,^
if more than two, and no horses, only a parcel
of arms, which afterwards he shewed us at a
gun-smith's house in a little lane near Temple-
Bar. Then we asked him what they designed
if it had tak«i effect, to which he answered,
diat the men should ^ave comei up with all
speed to London and dispersed themselves im-
mediately, declaring for the duke of Mon-
mouth, and that theking and duke being dead,
no opposition eould be made ; then we asked
who were for this design, he named colonel
Romzey and Richard Goodenough, and, as far
as I can remember, no more ; so we found it
was carried on by them contrary to the
knowledge or.iipprobation of those who ma-
naged the ^^eoinX design : then we declared
our great didhke of it, telling him, it ifvas a
base dishonourable and cowurdly action, and
woidd seem odious to all the world, that any
pretending themselves Protestants, should be
concerned in such a bloody action, and that we
thought it was his cowardice put him upon
it ; to which he said, that he could not fight,
but would be as forward with his money as
any of his capacity. Then we went to oolonel
443] STATE TRIAU^ %S Cif ables II
"Bamaeff wko wefowid to be wliolljr of Wmt?n
. cMoBf aiyiBe, ibatencept somettmii^ be Amt
Ibai way, I Know notfaing will be done at
aU, Cor be knew the otber managen would do
aodliDg; 80 we had little discoune at that
tliae. AfWr this we went to Fcrgfttson, who
told HO hew things stood; we theo foond that
he knew of both desiens^ but was only for the
]iMiURectum» and told ns, thai the managters
had been treating with some Scotch gentlemen,
that they ^^en ahnost agreed, and that the
money they were to be supplied with, wonld
te re^y in three or four days, being 10,0001.
which wee to be retnined to Holland to buy
arms, te. ^r Sootbmd. He also told us that
the Soelch gentleeMn had made another pro-
posal to the managers, thus, if they would sup-
ply them with, SfLQOOL they wodd bmn it
m Bcotland first, wmch they could soon nave,
and then would inrede England, desiring the
managers only to gel eperty ititheNoith of
England, ready to oppose any ibroe from
coming out of JSngland against them, before
they had settled Heotland : but this was not
approved of, the managers ehusing rather to
supply them with t0,OOO^ and to omn it in
England the same time. Then we &i)v ex-
pected to hear when the money would be
paid, but still found nothing but delays, the
manaffers not agreefaig how to raise the money,
end that if the money had been ready, they
were come to no oondusion as to any method
more than they were nine months before,
having done nothing but talked to ensnare
people, rroorting about in all jHurti how the
liberties of the people^ were daily more and
more iniffinged, and thai arMtrary government
- and popery was coming hi anaoe, which in-
cnaed people vwy turn and made such a
grumfaiwg m all parli, that we ftared kmger
deUys wouM make the common ^ple in
many parts untmy, it being as we tbooght
ae generally known, euept semedimg was
anddenly done, it was nmossible it should
remain undiscovered, ae toe neit time We
met with Romzcy and Fergoson (though never
together) we declared our dissatisfhctioB by
reafiOB or euoh long ddays, end spoke it so as
that it might come to the managers ears, as
we suppose it dkl, being to this eflSct, That we
thougnt they had only a design to betray peo-
ple, drawbg many thousands mto a snare, ibr
their aotions shewed litUe otherwise, being so
long disooursing a thing of tbit natore and
dene ae little towards it : few days after meet-
iMfwith Romaey again, he told us they were
of different epinlons conoenung a method,
same lor begmning the insonection oidy In
Loadon and fieotfamd, soa^e for it in all places
al once as at first nra^posed, others for several
Kes in England and Sootland, and not in
don, saying that if it was not begun in
Vindbn, but in other pkces, there would be
threes raised in London to send oat against
tbem, which will take eat most of their
sngtti, and that thBl Loodeo might be easily
*l aemlimae they w^ % kigiimiiig
it only in London and SlDottend, end to hev*
people oome up to London Irom all parts of
England, to which we answered tnat we
thought no way better than what was first j^i-
poeed, (via.) ttie beginning of it in many plaoee
at onoe, as before mentfoned, for although wo
had engaged none In or about BrislCM, nor
should not endeavoor it tiQ ail things were con-
cluded, yet with the assistance we were pro-
mised from Taunton, did not doubt but to get
men enough to secure it, end that we ki^w
not where to get 10 men that would eolne tor
London, and supposed it might be so in oAer
platoes, men might be willing to secnre their
Own country wlu» would not be willing to leave
all and oome ibr London. Romzey then sai4
if he knew where to get at the head 1,000 men
he would begin it presently, and desired that
we might meet the next nignt with some others
and consider of things, so the next afternoon
we met at Richard's cofTee-hous&aear Temole-
Bar and from thence to a tavern near, I think'
called the Little or Young Devil tavern, whem
met 8 persons, (fiz.) colonel Romzey, Robert
West, captain Norton, captain Walcot, Richard
Goodenough, Francis Goodenough, Nathaniel
Wade and myself (this was the first time I
knew Walcot.) When we were all sit, colonel
Romzey spoke to this effbct, ss near as I can
remember the same words, gentlemen ; if we
can raise 3,000 men in and about London^
there ia a person of honour will appear at the'
head of them and begin the business ; which
we supposed to be the duke of Homnoath, and
do not well remember whether he mentioned'
his name or not Which proposal mu<^ sor-
prised Bfr. Wade and I, that he should tfaen
question the raisbg of 8,000 men, whereas
^hen it was tint mentioned to us we thoa|^t
they had been sore of many thousands in Lon-
don at an hour's warning. Then it was con-
sidered how 3,000 men might be raised and
how they might do somethiiv to the pnrpeee :
then we decwed what method we bad con-
cluded on for the management of affairs in
Bristol, which was. as fiillowetfa, and they could
think of no better way, so it was concluded
that London and tim suburbs should be divided
into 90 parts, and one man made choice of in
each divfadon who should chuse out 10 In hie
division that he eonld trust, and each of those
10 to find out 15, which would make 161 i^
each division, so that 90 diviuons would iiro*
dnoe 3,990, in order to which a map of Lon*
don was to be bought the next day, and eaek
division drewn out in a particular paper, raoi*
tioning every street and bne of note m it, with
the north, oast, south and west bounds thereof,
and to be brought the ncott neeliug 9 or 9
nights after ; at the first meeting it was agreed
that none should know of this design, vizr (of
thecfaief managers) till all the men were ae-
cored, end that those 7 (I bdng not to stay
long in London) should meet every 9 or 3
nigMs till all was comideted. Al this meOtinf
Romaey and West would be (rften saying, there
WW nomii^ like the lopping buiiMBs, mcaninf
AU} STATE TIUAL8, 3j Cbablm II. l6ii.-^or the Hgt^Omt Pht. (446
.mD^or»or to or from tb^ playbousOy Ibut I
nerer heard any igrt^ with uim vi il« Next
hy a map was bought^ and brought to West's
titamber m ike Temple, where some met to
firide it and draw out the divisions against tfaft
Best meeting. The next j^acewe met at t
^iak was uie Castle*taFem in Fleet-street,
where som^ of ttie divisionss were brought, aU
being not done, and tiienit was oensidereid how
fliey should be distributed, being we were meet
itiangerB, and agreed that Richard Good-
eDongb, who had been uBder-shenflr, and so
bad a general aa|iiaintance, sboold do it, who
was wuiing to undertake it, the rest itf the
£naon8 to be read^ against the next meeting,
wfaicli wais'2 or 3 nights after at the Green-
Dragon tBTem upon 8now-hiU, where when
Ifr. Ooodenoush icame he told ns, That he
bad dispeeed of some of them, and did hope it
would ^e effect, and that in a week or 10
dajB he should have fixed the SO men ; tbe
consideration how things should be managed,
was deferred till they were sure of the men,
only some mentioned their opinions how the
Tower, Whitehall, and other pkices might be
best smrprtsed. The Tower was thought might
be best cained in the day time, Whitehall and
edier ^places in the night, with many sneh
thii^ in way of diseourse : Romzey was still
upon the old strain of killing the king and the
dnke, saying (at this the last meeting 1 was at,
^1^ Bristol next momiiM^) that it might
le in Windsor-^afk, and that he would
undertake it, but net except every one there
present would go with him, to which not one
ospaoited, I replying that I was for no such
Aiw, but seeing the other business had gone
SD mr, and was known to so , many, if they
etnld bring it to bear in London and other
plaeee, I rashly said, rather than fail of Bristol
tie wiD undertake it at noon-^y with 100
BMn ; to which Romzey said 1 was a bold fel-
low; th^ then promised (when they were
sure of the men) t6 advise and take care for
seme aims fbr us at Bristol, and that ite should
have some great person come down to head us ;
but I heard no more till the news ef the dis-
eovery came in public letters ; I remember one
time when Wade and 1 was with Ferguson, be
told us that the dukeof Monmoulfa was brought
tD a low eonditiofi, all his places being taken
fiom him, and his tenants in SooUalid (b^ng so
Kverely dealt with upon account of their re-
figion) were not able to pay rent, so that hi$
estate there, which wss accounted worth 10 or
12,00d/. peraiinomycUd not yield him thif last
year 3,000^, that he ww not weU pleaaed
irkh the management of afi&urs^ and destired
||r. Wade to appoint a place where he would
INMl the lard Gerrard, aad sir Thomas Arm-
VlKODg, to discoorse them, to which Mr. Wade
filled, he would meet none of them, for
such great men had betrayed the nation al-
ftBAy^ and jmanared too many thousands to no
purpose.
We concluded that the only w^ to
Bristol would be by a surprise, whieh wi^
about SdO men (150 of which we depended «•
from Taunton, the ether SOO to be niisad in
and about the city) might easily be d^me ahiHit
4 of the ob>ck in the monting, as soon an the
watch were gone off, without the bloodshed of
one man, thus, dividiiMf the city into 14 partly
so making 13 posts besides theiaaHigMi^
which shoi;dd at &«t have been at the Toidajr
(which is in Bristol as the enefaaiige hers) w« -
supposed 20 men might be auffieient Inr eaal^
post, and the remainder, for the main gwaid, out
of which miffhtbemred4 or 6 fika to be ««»-
stantly marching aknti and la Msist fslMitt
there might be oceaflion. The netibod w$ ^
signed for the raismg leoo mc« in and abo# the
city was thus, first te IM 4nl 80 rnsn, 8 far
each post, and 4 ^ A# mais guards who
might be able each of them to neaewe a «kl to
oommand them, whidhipanid Muremade 14 far
eacbpost and 88 for the maia g«ard. Id whom
the Taunton me« aho^d he added, (vis.) 6 to
each post and the lemaindar te the main
guard, who shinUd have come in the day be»
foie, some at evesy entrance of the eaty and
k>dge themselves at iana and aleKhonaea
as near the posts they were appointed fbr an
th^ Qould: Each man hnng to know his past
and commanders before they eame, the Bnslal
men to lodge themselves and aims, with arma
for the Taunton men, in an house as near aa
possible to tiieir poeta, and to send one oat
from each post between 9 and 4 of the clock
in the laaniing to observe the motion cf the
watoh, and to advise aa aoon aa they weie
gone c^, that they might all imsaediatdT r^
pair to their respeetife peeks, calling the iWa-
ton men, aad as soon as they had gamed thar
posts to send out a file of sansyieteera tofetch
u^snch and such men in eacll of their disisiaaB
as they should hafo had an aecouni of hefcse,
Imd convey then to the main gaard, vriiish ' ia
die 14 divisions would have been abeoi ao
persona, eemmJssion-ofieeni and others ; thea
to fetoh in all tbe anus and aaunnnition ^bef
could find, which twe things being done (as we
supposed might be in a little time, and without
any opposition, the posts tein^ so near each
otber^ that it would hiave been impoanfale fbr
anynaiaber to gettoflether)wereaalvednexft
to declare the reasoaamr ear taking up arms,
and to enooarage all to eome ia to us that we
eoidd trust, BO(tdoubthig bat we should soon
have had many thonaaads in the city, and out
of the adjaeent eoantiei^ Gleaoofter, Soiaenet
aaiWdts.
The Het^ions why I did ndi cam in, Sfc,
When the nevra of the discovery first came
to Bns^l,aQd semetioae.belbreyl was insome
trouble by my creditors, and forced to^ abscond
though ithought I had sufficient to pay them»
only deshed time t9 0et in my effects, their
mercy I feared more than your migesty% and
8
1 I
44^] STATE TftlALS, 35 Charlks II. l6S3.^lHiroducti(m to the Trials [UB
thought if I should come in and find mercy
with your majesty, t coald at first expect no
better than a prison, and if from it discharged
hyyour majesty, to be kept in by them upon
mooount of my debts. Secondly, hearin? there
was very many (in and about Bristol) sup-
posed to be concerned, and 1 (though knowing
80 much) being able to prove so little against
any man, but such against whom there was
, sufficient proof without me, feared that if I
. should come in more would be expected from
me than I could prove, and so mi^ht fail of
mercy, it having been our resolution not to
X discover the design to any of our friends tiU
4fae managers had agreed hoth upon time and
method, therefore considered how to make my
escape, there b^ng then a strict search in all
-poets, diooght best to continue in England fof*
some time, till the heat might be over, and so
got an ordmary habit and a little horse about
40s. price, and travelled the country as a man
, -^dealing in wool, in Gloucestershire, Chdbrd-
shire and Somersetshire, till about the mid-
ftte of August, then repiured towards Bristol,
•and by letter, with my wife's assistance (all
^her niends thereabout fearine to act for me)
prevailed with a poor man who had & small
Doat about ten tuns, for 20/. reward, and the
> like per month, for six months, to go with me
ibr France, and from thence to the West In-
dies or where 1 would, my name being then in
no proclamation or declaration, if it had I
should not have prevailed with the man to go
with me. So the 23d of August sailed from
King's- Road for Uochell; the 35th proving^
bad weather, cracked our mast, and so put into
St Ives, in Cornwall, where we staid till the
4th of September ; then put out again for Ro-
chell, hut meeting with contrary winds was
forced into several places in France, and gained
Doe our port till the 17th. In Rochell I loaded
her with brandy and other goods, and the 4th
<yf October saifed from thence for the West-
Indies (being willing to know bow my con-
cerns lay there, that my creditors mi^ht have
« their own, though I knew I might be much
safer in France) and arrived at Barbadoes the
11th of November, ti^ere 1 heard of my name
being in the Gazette, therefor^ staid but two
dajTS landing part of my cargo, from thence I
went to Antigua, where I landed omd disposed
of the remaining part, staying there about ten
days ; but it being too soon for the crop, and
jny charge bein^ the same lying still or going
farther, also thinking it not safe to lie long
there, resolved to see the rest of the Caribbee
Islands, and so went down to Mounserat, Ne-
vis, St. Christophers, St. Eustatia and AnguiUa,
and so badiL again to St. Christophers, si^p-
uosing that to be the safest place, I being
known to none there, where 1 staid about three
weeks. About the 14tb of January I wrote to
mr factor in Nevis about what was due to me,
who on receipt of my letter discovered me, so
that sir William Stapleton presently sent his
warrant to St. Christophers to apprehend me,
but before it came I was gone down to St. Eu-
statia, expecting to meet my, vessel there,
which I had sent up to Barbadoes, and it he*
ing known wh^'e I was gone, the deputy ^go-
vernor of St. Christophers sent fiye men nvith
his warrant after me, to whom on sight thereof
I submitted, thongh had an opportunity and
might have escaped, but was rather willing to
cast myself at nis majesty's feet for mercy,
than live such a life any longer, not daring to
appear where there was lie^ of me (among
my factors) who I doubt will take too mucE
a(f vantage by my troubles for my (Teditors in-
terest. In Nevis I was kept a prisoner 13
days, where I promised sir William Stapleton
that I would make what dis4k>very I could,
giving him the names of some who I had ac-
quainted with it in Bristol, which I suppose he
hath given an account of, desiring him that it
might be kept private, for if it was known they
would have advice of it ; but it was not kept so
rivate as I expected, for the night I came off
was told of it, therefore suppose they wei«
advised by a Bristol ship that came away be-
fore us, oy which I wrote not a word. I
suppose she might be at home long before
us, ^we being nine weeks' and five days. All
that I can say against any of them, except
William Wade, who is before- mentioned, is,
that I acquainted them with the business, as I
believe many thousands in England were, and
do suppose they would have been concerned.
Hereunder is an account of many other per-
sons that I have heard were concfemed in tbel
design for an insurrection, which is all that I
can call to mind of any ^ing material that
ever I heard concerning the Plot.
A Paper found in Mr. Charleton's Custody. •
Worthy Sir; The particulars underwritteiu
are a bnef account of what service was done
since May the 15th, 1680, during which time
6/. perann. hath been paid for rooms, most
was for that service, besides wages to two ser-
vants, amounting to upwards of 10/. which is
not at all charged to the account. And aU
earned and charged on that account is hut
56/. 10s, for paper and print, viz.
The Black Box, first impression, paper
and print, number 1,500 - - - £- 5 0
Second impression, with alterations,
number 1,500 ....... 50
The Answer to the Declaration, three
sheets, number 3,000, paper and
print --•----.-- 18 O
The Two Conferences, five sheets,
number 8,500, paper and print - - 25 O
Reasons for the Indictment of the D.
of Y. number 1,000, paper and print S lO
For bags, boxes, and porterage - - 1 O
Sum is - - - - ^. 56 lO
Whereof received - ^. 33 O
. ^. 23 lO
4*9] STATE TRIALS, 33 Charles II. J 6S3.—>r/A«/2ye.awwP/a#. [450
Besides all the k^ge promises when engaged
in that iervice, viz. to be tlie piirliaineot printer
(and when the parliament sat, bad not one
fihfiset to do of all the vast numbers done for
tbein). Ako 100/. per ann. and reimburse-
ment for an engine made on purpose foe the
serrice, which cost 15/. ; a former that cost
16/. being rotted in the former public service.
Towards all which, eight guineas were re-
ceived oTMr. Ferguson, said to be his own gift.
.This is a brief account of what past under Mr.
Ferguson's oixler, which shall be faithfully
made appear to his face if be dare stand the
leaL By Sir, your most humble servant.
Captaun Walcot*s Letter, To the right ho-
nourable sir Leo.'ine Jenkins.
Honoured Sir ; I bein^ in the country, 'and
to m V great trouble seeing myself in his ma-
jesty's proclamation, I came last ni^htto town,
,resolf iDg to lay myself at ^is majesty's feet,
1^ bim do with me what he pleoseth '; this is
.fhe first crime I have been guilty of, since his
loajesty^ restoration, and too soon by much
now: if bis majesty thinks my death ^^iIl do
him more good than my life, God's wiii and
his be done. Until I sent your honour this
letter, ray life was in mv own power, but now
.it is in the king's ; to whom I do most hunobly
propose. That if bis majesty desires it,* I will
discover to him all that I know relating to Eng-
land, Scotland, or Ireland ; which i suppose
Biay ,1*^ something more than the original dis-
coverer was able to. acquaint his majesty with ;
especially as to Ireland : there is not any thing*
Us majesty shall think fit to ask me, but I wUl
answer him the truth, as pertinently and as
^ fully 83 I can. My intimacy with a Scotch
minister, throi^h whose hands much of the
bufiiifeess went, I iudge occasioned my knowing
.very much : and I do further humbfy propose,
That if his mi^iesty thinks it advisable, 1 will
.fidlow those lords and gentlemen that are fled
into Holland, as if I fied thither, and hadmaile
ray escape also, and will acquaint the king, if
. I cao-fiDd it out, Tvhat measures they resolve
of .taking next : I do assure his majesty, the
business vs laid very broad, or I am misinform-
ed. And 1 am sure as to that particular, if my
jbeii^ with bis miyesty, and your honour, be
not discovered, I shall be ten times abler to
serve him, than ^ber-Mr. Freeman, or Mr.
Carr; for they will trust neither of them.
There's scarce any thing done at court, but is
immediately taliped all tl^ town over; therefore
tf bis mi^jesty thinks what 1 have presumed to
pcopose advisable, 1 do then further most hum-
bly propose. That my waiting upon his ma-
jesty may be some time within night, that your
honour will acquaint me the time and pkce
vbere 1 may wait upon you, in. order ^ it;
ttd that it may be within night also, and that
nobody may lie by, but his majesty, and your
hoQoqr : and if his majesty pleasetn to pardon
my offi»ces for the time put, he diall find I
w3l approve myself very loyal for the future ;
if not, 1 reaolvt to give his mi^fSty no forthier
roL. IX.
trouble, but to lie at his mercy, let him do with
mc what be pleaseth. I purpose to spend muck
of this day in Westminster -hall, at least from
tfvo of the clock to four. I beg your parflon I
send your honour this by a porter : 1 assure
vour honour, it was for no other reason, but
because I would not have a third person privy
to it ; and that I might have the better oppor«
tunity to make good my word to his majesty,
and to approve myself
Your honour's most humble servant,
• . Tho. Walcot.
Minutes of Walcot's Confession before h\k
Majesty, July 8, 1683.
The first business was spoken of in a plape
and at a time he does not now remember.
But it was agreed that lord Shafbbury should
have the command in I^ndon.
Lord Rufsel in Devonshire.
Lord Brandon in Cheshire.
Bake of Monmouth in Taunton and Bristol.
This agreement did not bold long; soma
comity to town that uM- the countries wera
not ready.
The last business was spoke of about a fort-
night before Ash -Wednesday last: captain
Waloot had no conference about it with any
lord but with the'lord Howard of Escrick.
Ferguson did oblige captain Waleot to bring-
bin and the lord Howard together : the lora
Howard and Ferguson discoursed together of .
the wa vs and means 16 surprize the Tower.
Lord Shaftesbury told hxm that the city was
divided into twenty parts, and that there was
to be a chief to every part, and he was to chooM
fifleen men to assist him within his division.
Lord ^aftsbury told the duke of Monmouth
that theldng was to be deposed.
Rumbald was lieutenant of hoi*se in Fairfax'*
army. Walcot sensed in the same army.
Richard Goodenough said the duke of Mon-
mouth expected six thousand men togother in
London.
Lord Russel and lord Gray were to mortfl;ag«
lands for the raising often tnousand pounos.
Lord Howard of Escrick was concerned in
the grand consultation.
Captain Walcot always opposed the assas-
sination : he will leave 800/. a year behind him.
Ferguson told Walcot about a quarter of a
year ago that the earl oi Essex was in this af-
iair.
A Note taken from Walcot, by Captain Rich-
ardson, Keeper of Newgate, July the lltb,
1683.
If colonel Romzey be to be spoke with I
would have you speak with him to be tender
of ipe, that will do him no hurt, he hath room
enough to s^rve the king upon others, and if
Mrs. West, would do the hke to her husband,
her children '
On the other side.
Run no hazard nor speak with him before
any hody, if yQu caniiot be private leave the
is^oe to Mod.
2G
451] STATE TRIALS, SfrCiiARLES II. iSSJi.'^Introdueiien to the Trials [452
Two Letters from the Mayor of Newcastle,
dated June the 1st, 1683. To IVIr. Secre-
tary J^ukios about Prinze, &c.
Netocastlcy June Isiy 1683.
Ri^ht honourable ; We presuQie to acquaint
your nonour there are two persons apprenend-
eil and coruniilted to bis majesty's g^abl here,
with whom there are found divers seditious
papers and letters, they were for going be-
yond iseas, the one of them goes by the name
of Alexander Pringle, the other I^4^ard Le-
▼itson, when their papers and writings were seiz-
ed on they attempted to destroy and convey
the same, but were prevented : we have sent
by exj)ress the writings so seized on to his
g^ce the duke of Newcastle our 'lord lieute-
nant, to forward the same with this Letter ta
your honour. What commands we receive
nom your honour shall be obeyed by, 6ec.
Newcastle, June 13, 1683.
Right honourable ; We received your ho-
nour's Letter of thf 5th instant, do acknowledge
your favour and kindness therein, we have and
•hall make it our chief care and study to ap-
prehend ail such ofienders and ^o our utmost
endeavours on all occasions for his majesty's
interest and service, we fure satisfied one of these
persons is Alexander Gordon of Earlestone
though now called Pringle, both these prisqpers
\yere delivered yesterday to colonel Strother to
be safely conveyed into Scotland according to
his majesty's commands. W^e are, &c.
A LETTER to Mr.. Alexander Pringle, seized at
Newcastle,
London, March 20, 1683.
Sir ; On Saturday last I had the occasion of
Seeing u letter from tou directed for Mrs. Gaunt
in whose absence Mrs. Ward had received it, at
the reading of which I was not a little troubled,
considering my full resolutions signified to you
in my last, for efiectuating of which I bad
spoke for passage and taken my fhrewell of mo-
ther Gaunt she going into the country; and
that very week I was so set upon by the gen-
tleman with whom I stay and Jo. Johnston
with some others, to stay but a month and if
thai did not accomplish somewhat in hand to
help trading, then I sjihould be no longer de-
tained. After J. was prevailed to retract so fiEU*
I ordered Jo. who had time at command to give
you au ample account of matters : And withal
Jo. was desired by our friends from Scotland to
stand hei-e in my place : The like engagements
of secrecy, «Scc. being taken, and thereupon I
' ordered mm to shew you the grounds of my
staying, and to desire if you indined to cross
'the water to come this way. But since many
are the confused yea troubled thoughts tliat
have possessed me for yielding: Concerning
whicli ai» also my yielding to it, take the sub-
•equent account. In my last, or it precedent
to it. I shcwect you that trading was very low
hek-e and many, breaking, which hath made
fhe merchauts, such as they are, to think that
desperate diseases must have desperate cures.
And while that they have some stock it will be
better to venture out than to keep shop and sit
still till all be gone, and then they shall not be
able to act but let all go, which resolution 1
thought a thing not to confide in seeing the
most of them are fire-side merchants, and love
not to venture where storms are any thing ap-
parent. But about my departing they shewed
the model of affaira m such order that I see
venture they must and venture they will,where-
ujpon I demanded how our trade would be ear-
ned on. Answer, they knew well what goods
had proven most prejudicial to their trade, and
therefore tliey thought best to insist upon ne-
gatives. X In which whatever I proposed is as-
sented to, as I find, and this they thought best
to still some critics in the trade and by this
means to endeavoiu- the dispatching the old
rotten stuff* before they order what to bnng
home next, this looks somewhat strange to mc,
but when 1 consider all circumstances I think
they for themselves do best in it, for our mer-
chants I made account only to have had some
stock for to set the broken ones up again and
so bid them here farewel and they to try their
way and we ours since they tliink fit that some
of those whom we have found (as you will say
when you bear them named) treacherous deal-
ers in our trade consulted and accordingly have
done, whereupon I fear or rather hope that oar
merchants though broke utill rather desire to
live a while 16nger as they are, than join with
such, and to advance their trade unless surer
grounds of their fidelity be gotten than is or
can be expected. And this is the bottom of all
my son^w. But to proceed 1 find (if sll hoM
that is intended) that they think it is almost at
ft point to set forward if tney had their factors
home who are gone to try how the country will
' like such ^^oods as they are for or against the
making sail of. Friends I mean roercbaDts
wrote to me that after I had spoken to you pte-
sibly you mif ht come this way the better
thereby to advise them what to do m this cA&e
for I have signified somewhat of it to them but
not so far as this ; because I thouebt te have
seen you long 'ere this time, but I hope you
will not niisconstniet of my staying, seeing in
it I designed nothing but advancement of our
trade. But once this week those factors sent
for will be here, and then matters will (in m-
stanti) either off or on, break or gotllrough:
\^ herefore in reference to friends 1 desiro you
will advise me what to do if you cannot or
think it not convenient to come nere, if you^do
let a letter precede, and if any strange thin^
ftU out this week or the next, I will again post
it towards you. I think when thb and the
next week is gone (a>'d no news come from
you^ thai I shall set forward being still ao
reauv as that in twelve hours I can bid adieu.
Tne Whigs are very low as Mell in cit^ as
suburbs all meetings bemg eveiy Sunday beset
with constables to keep Uiem out, and what
they get is stolen either evening or mominc'.
Thu winter most of the great ba^en and gold*
_ »
455] STATE TRIALS, 35 Charles II. l663.^forthe Rye^House Phi. [454
fimiths in Ijombard-street are broke and gone.
Hie Bautam factory in the IntUes is taken by
the Dutch. Confusion confusion in town and
oooHtr^ry'such as you ncYer saw. Mrs. Wanl
and several others desire to be remembered to
you: My endeared respects to yourself and B.
with the youngr men arriTed. This I have writ
in short and in haste, expecting a line with as
great haste as you see is needful ; for matters
are full as high as I tell you. Farewel.
From your friend and servant, Jo. N.
Be sure tha( you direct not, for Bethnal-
Green, but for me at Mr. Meads in Stepney
near London. Directed on the back thus ; To
Mr. Alexander Pringle to be left at Mr. Alex-
ander Hope his house'in four G1ass-ha?en, in
Rotterdam, these.
The EXAMINATION of JOHN NISBET
of Stepney taken before John Tendring,
Esq.
Tliis examinant being duly examined, doth
ay that he was bom in Northumberland, that
be was bred a scholar at Edinburgh in Scot-
land, that he came from thence to London, that
he was usher at Mr.. Walton's school at Beth-
nal -Green, that from thence he came to Mile-
end, and there lived abqut a year in the house
cf one Mr. Matthew Richardson, and taught
his children. This examinant saith further
that he came down to Bradwel with Mr. Rjch-
atdsoB, and that being a scholar he did intend
to go l|eyond-seas into Flanders, and put him-
sdf into some College.
Hiis examinant wholly depied that he knew
Mr. Richardson to have any other name.
Capt. Coram me, J. Tendrimo.
A Copy of £ARL£$m>UN>S COMMIS-
SION.
Ommboi et shagulis Religionem vere Refor-
matam Profitentibus ad quos preesentes per-
Aoin, Variie An^ustice, pertrisies persecu-
tiones; et opprobria nostrte (hie in Scotia)
Ecclesie, magna, ad vestras pervenere' aures,
■entiipim est nobis in dubio : Uuum, depressus,
et quoad externa, Status devastatus ; quo, pro
nde San<;tis tradit^, et nostne Ecu le^^ice privi-
kgiis et jure peculiar! contendendo, redactaest,
fere omnibus sit notus: Quorum intuitus et
oottstderatio una cum magna, de vestri (in nolns
bteresse, spe concept^) hunc Dom. Alexau-
dram Gordon deEarlestoun Legatum nostrum,
Tobis omnibus,, Reipublicse Israeliticse &utori-
bos, et benevolentibits mittere et demandare
oon sine multa causa, persuasit ; causam, et
Slatum nostrum malidose, subtilitate adversa-
rioram vobis representatum, co^noscentcs qui,
ea ips6 ut, nos et quicquid a nobis actum, vobis
reddaot ridicolo; in male representando, et
Fseudographias actonim nostrorum dispergcn-
do, vigilantissimi, sunt : Cluasi progressus nostri
et priocipia Verl^ Dei (Supremo contraversia-
rum judici) et rere Protestantismo^ essent con-
traria: Qnum nos, nee (|uicqttid tena^, dec
tenere cupere, Verbo Dei scnpto, et antiquis,
civiiis, et Ecclesiastici Status, legibus ; . et pris-
time refbrraationi contrarium, declaramus, sod
cum omnia in eo fundentur, potius (Deo dantc)
actiones nostras ei reddere conformes cupimus.
Quapropt^r nos protestaptes, Antierastiani,
Antinrelatici, et Tirannide agitati, i^ Scotia
Presbitcriani, huic nostro legato, concredimus
ei plenum consensum et assensupa dantes fide-
liter, et vere, omnes vere Reformatos, ad quos
perveniet, intormatos reddere; Quod solum-
modonos ipsos in viti Domini puros (Dei gratia)
quoad possnmus serrare, intentes sumus et
▼iam majorum, vere lllustrium, in nostra nobili
reformatione propaganda in diversis, ejus, a
Papismo, Prclatura, et Erastianismo eradibus^
et vestigiis incedere cupimus, atque Ease sunt
nostrarum persecutionem (pro presenti) capita,
et causoe. Ad ^quorum pleniorum et clariorem
nothiam, hujus nostri Legati relation! remitti-^
mus ; Testimonio cOjus, Cum sit in rebus nos*
tris, publicis declarationibus et maityrum Tes-
tin^niis, sat ^ersatus, ejusdem nobiscum judi-
cii, et sub iisdera perpessionibus fidem dare po-
testis., Humillime igitur oramus et obsecra-
mus ut relationi hujus nostri Legati tanquam
yere fides a vobis detur, et ut nnllius narrationi,
vel datie vel quse posthac detur, de nobis, prin-
cipiis, et progi-essu nostro sicut verbo Dei, votis,
juramentis, ei datis, et relationi hujus nostri
Legati, contrarise cum sit tantum calumniose
ab adversariisdatacredatis.i Quocirca, omnes
Zibnis fautores oramus ; nostrum statura, quo
redacti sumu^ non parvi facere, sed serio per-
pendere ; Deus enim omnes, ad sympathiam
vocat, et perpendum est, omnes conjurationes
et Adversariorum consultationes, in universam
Ecclesiam esse destinatas: Et uno membro
patSenti totum corpus cam eo compati debet.
Datum Edinbui^decimo die Aprilis Anno Do-
mini millesimo sexcentesimo octuagesimo se-
cundo. Et ex nostro mandatosubscriptumaCle-
rieo Cohventionis nostro sicsubscribitur Jacobus
Renwick.
The EXAMINATION of GORDON late of
Eariestoun, taken before the Committee of
Council, July- 5, 1683. In presence of
the Earls of linlitbgo, Perth, Bishop of
Edinburgh and Register.
Alexander Gordon of Eariestoun being exa-
mined again by order of the council upon seve-
ral interrogators arising from the letter sent tO
him by Jo. N. dated London, March the 20th,
1683.
As to the secrecy to ?)e taken of the man that
was to stand in Nisbet's place. That it was an
ingagenient of secrecy and some queries to try
if they agreed in principles.
Being interrogate ot the account of matters
written to him bv Jo. at the desire of Jo. N. de-
clares that it was a letter under the metaphor of
marriage, and that by the marriag'e, he under-
stood a rising di3signed there.
Being interrogat what the Merchants baiv|^
455] STATK TRIALS, 35 Charles II. i6S3.^Tntroiuctiim to the Trieh [456
low «nd breaking did roean. Answers, That he
tbinki^it means tnat their people, viz. the dis-
•teten were breaking in their' stocks by ex-
comhianications and other courses, and there-
fore they were resolving^ upon desperate courses
which was rising in arms.
Being interrogate what is meant by the said
inercbants. Answers, Some that Hved at their
ease and quiet would not venture to rise, when
thev saw much dlinger.
Being interrogate vv hat is meant by the model
^f affaii-s that would make them venture. Aii-
awers, That they had shewn to 'Jo. N. a moilel
bow they woula go about their affairs in order to
their rismg.
Being interrogate anent their resolution to
insist on negatives, and what were the goods
that proved prejudicial to them formerly. An-
swers, That the meaning was, they resolved \o
agree in \«' hat they would put down, which he
thinks was the whole government, civil and
-cccliesiastic, but that they would not determine
positively what they would set up.
Being intcirogat what was it that Jo. N. pro-
posed to them that they assented to. Answers.
lie thinks he bad stated the grounds of the
quarrel relative to the present government, and
* that they had assented to it. fiut declares that
when JO. N. was speaking to him of these
things he thought them of that nature that he
shunned discourse upon them to receive infor-
mation concerning them, because he had no
mind to meddle with them.
That by critics of the trade is understood
the Scotch fanaticks because they are nice in
^sociatiug^hcmsclyes.
That by the dispatching of the old rotten
^tuir, he thinks it the dispatching of the secta-
ries or the present government, but rather thinks
it was the last.
That by the broken ones which he was to
. set up is meant the Scotch pinatJcks to be hel ped
by contributions, and that by their trying their
way and we ours, was meant the English was
forrising in arms, but the Scotch fanaticks were
for delaviog some time.
That by uese called treacherous dealers, he
thinks is* n^nt both the secretaries and the
present government wha had formerly broke
their govemaient, but never heard tliese per-
sons named.
That they being at a point to set forward, is
meant thpir being ready for rendezvous.
. , That hy emissaries is meant persons sent out
both in Scotland and England from London to
try the people's inclinations to a rising and to
incite them to it, and that these merchants who
ad\ ised Jo. N to send fur the decrlarant to come
that way \%crc the meetings of the &naticks in
Scotland.
That by adrancrng nf tlie trade be thinks is
meant the carrying on of the rising.
By that pait of the letter which tells that
When the iactors would return tliat matters
would in instanti be off or on, that the meaning
wa^that when these factors came in they ex-
pected money for buying of arras and then
they would instantly have risen, but thst the
money was not come in at that time when h«
did meet with Jo. N.
That by tlie Strange thing that might hare
fallen out in a week or two, he unaerstaodi
no other thing than the insurrection intended.
Declares that this Jo. N. was a person that
past under the name of John Nisbet, an Eng-
lishman, and stayed at one Mr. Mead's in Step*
ney, wiiich Nisbet was an usher of a school at
Bod nal- Green before.
That the close of the letter bearing that things
were fully as high as I tell you, is meant tb^
present intended rebellion.
That by the ca^ ital letter B. is meant one
Mr. Brake a minister in Lewardenin Friesland,
and the young men are some students who ar^
in Holland.
Being interrogate what be heard of the earl
of Argyle's concurring or assisting in this insur-
rection. Answers, That he heard by report In
Holland, that Argy)e had undertaken to raise
10,000 men to assist in thai rebellion, and tbat
he was to ttimish himself with arms in Holland,
and about the time of this report whii^ he
thinks was in December or January last, he
heard Ai^lewas in Holland but that he did
liot see him, and to the best of his memory Jo.
N. also told him of the carl of Argyle's couoor-
ring in the rising, but remembers of no other
person.
Being interrogate upon the little letter from
Stepney which he thinks was about the b^in-
ning of May, dated Friday at seven o'clock.
That the man whom bespeaks of, is Mr. Mead
a minister, and that by the words what my
hands find to do was ^^ant Jo. N's. going to
Holland and that the declarant was to meat with
Mr. Mead to let Jo. N. go.
Further declares that John Johnston was
one, who at other times past under the name of
Murray, who is a little man pock-marked^ and
wears a periwig. < Sic subscribitur.'
A. Gordon, IJnlithgow, Perth, Jo. EdinBucw
gen, Geo. Meckenzy, J. Drummond.
This is a true copy of the original dedari*
tion and answer made by Alexafider Gordoa,
late of Earlestoun to the raterrogatbrs proposed
to him by the committee of council, wiiich is
attested oy me.
William Patersok. C. S. C.
A Copy of ALEXANDER GORBON'&r
EXAMINATION, June SO, 168S.
The said Alexander being interrogate what
he knew of the author of that letter directed to
Alexander Pringle of the date 20th ofMarcb last,
to bo left at Alexander Hope's House in Gloss-
haven Rotterdam, which runs upon the meta-
phor of trade, anawerrth. That the aathorof
that letter seemeth to him to be one Jo. Nisbet,
with whom he conversed a year ago at London,
and ordered the said Alexander to direct fab
letters to Bednal-Gi^een, and since to Mr. Mead
in Stepney near London, and tliat he the said
Alexander had ratten a letter to this Jo. NSabet,.
«57l STATE TRIALS, 35 CkAftLBS II. 1683.-:^ fheRye^Homse Plci. (455
cfaaflenging him why he came not sooner over
to HoUuid as he hadf promised, dated about Ja-
nuary last; and that he r^ved this letter by
the raetanhor'of trade in answer tharecinto;
and that the venturing spoke of in the letter
was to signify a resolution of a speedy rising in
arms ; and that the factors therein mentioned
i^ified their agents and emissaries who were
sentout into different corners both inEngland and
Scotland to know the pulse of their compKces
and parties if* they were in readiness to join
and rise with them, and that they brought back
accoonts of their willingness so to do, and readi-
ness for an Insurrection. And as to the assisr
tance thej were to haye from Scotland, he un-
derstood It at his last coming here, and some
months before he came over in May last, he
heard amon^t the Dutch people commonly re-
ported that mere was to be Tery shortly a rts-
mg in Enffland, and that the earl of Argyle was
to liurDishTroip Scotland, 10,000 Highland -men
Ibr their assistance ; and that at his coming hi-
ther last he heard that there was a person come
from £og^and to sir J. Cockram, alledgiog he
came about the affair of <^arolina, but that he
had discovered himself to a sei'vant of the lord
treasurer's that he had come to Scotland upon
other matters, and that the letters for S(x>tland
from any correspondents of the party in which
Earlestoun was engaged was directed to Mr.
Henry Emertson written in Edenburgh ; and
that before he came last hither in May, the
meetiiig of thesp phanatical people had received
a letter from England subscribed by one J. S.
whom he takes to be one Murray as he named
himself to Earlestoun (as theoth^r foremen-
tinned person named nimself Jo. Nisbet) in
whidb letter there was the metaphor of a raar-
jriage anent which all things were agreed and
die marriage ready to be solemnized, which oc-
casioned their sending for him the said Alex-
ander Ctordon to have hid mind coocerniag that
afiair ; and they interpreting that letter signed
by J. S. from En^and to concern the seeking
of their assistance in their intended rising there
he did dissuade them finom it ; and that by the
inama^ they understood a rising to be in*
tended m Engl^tnd ; and that it was ready to be
solemnized was to signify that an insurrectiod
was to be very speeihiy on foot ; and declared
tiiat tliese %nth whom Eariestbun converged
hers declared that they beliered that (be ser-
soDs who came from England to sir Jo. Cock-
ram were sent to manage a cormipondence in
order to the design of rising in arms.
Ihe Relation of Alexander Gordon of Earl-
stonn of what he was informed of, and
heard as followeth.
About the time of the election of Rich and
Kerth, I heard that there were some desiens of
ma? in arms of some people in England, and
IB Older thereto there was some treating with
my lord Argyle, but not agreeing to the terms
my lord left them, and I heard it ceased for
some time and went over to Holland ; and
vbea he was there, I was informed of the re-
newing of the treaty, and agreed upon the fol-
lowing terms, viz.
That the earl of Argyle shoukl raise seven
thousand men, and the treators (who as I was
informed were English-men) were to Advance
the said earl ten thousand pound steriing : and
this was agreed to in April last
The persons in England were by ^informa-
tion the duke of Monmouth, the earl of Shafts-
bury ; but after the said eari's decease I did not
hear so much of the duke of Monmouth. I
was also informed of Ford lord Gray of Wark
his being in the design.
I was also informed that those cpncefned m
Scotland most in the said design, were sir Jbhn
Cockram, Jerviswood, Sessnock elder and
yonger, and that sir John Cocknun the on#
day kist his majesty's bands, the other day
went to the cabal anent the above-written de-
sign.
I was also informed that no small number of
the ffentlemen in the West and other phu^ in
Scotland upon their resentment of the present
government, particularly as to the test and
other papers put to them, were not resolved to
stand to them although they should take them,
but rise upon the first occasion.
This information I heard from Murray alias
Johnstouue, who as I heard was a West coun-
try.man in Scotland,~who offered to take me
along to their cabals, but upon my refusal to
meddle in the designs kept himself and told nd
more than those generals.
I met with Mead at one Mr. Cook's a mer-
chant hving near the Exchange in Austin.^
Fryers in lioadon, but I do not mind what he
spoke of the aforesaid design to me, but thinhi
not, for I was a stranger to him, and not ac-
quainted before that tiine : and this I subscribe
before these witnesses rir WiDiam Hamihon of
Prestonn, master John Vans keeper of the ToU
booth of Edinburgh.
A Copy of the Interrogators proposed to Albx-
ANDER Gordon sometime or Earlestonn in
the Committee, September S5» 1683.
To mterrogate the said Alexander Gordon
what correspondence he did hold vnHk the prt-
t^ded general convention from wh<^ he had
his commission. And if he did loot write &
letter to, and hold correspondence with, them
before he came last to Scotland, and upon what
account he did write that letter to the said con-
vention which is mentioned In one lettes to him
from one Michael Sheills bearing that the con-
vention had received his letter, &c. And if to
his Knowledge the said pretended 'Ctfnventioir
general did not hold any exact correspondence
and intelligence with the disaffected party and
other their adherents both in England and in
the united prorinces of the Netherlands, and
what the said correspondence was and if it was
not to the weakening and diminishing ifnot to
the ruining and overtyrning of his 'majesty's
government both in church and state as it is
now established within hisma'esty's dominions.
a. Upon what account was he moved to ac-
4591 STATE TRIALS, 35 Charles H. lessi-^'IntroiueHan to the Trials , [460
taken. Ant! therefore to interrogate him who
this correspoDdent was who subecribes J. N.
and where he resided and what was bis trad a
and occupation and with whom else he the
said Alexander did know him to keep cor«
resjMtadence. and how he became to be ac-
quainted with him, and of that way and man-
ner of writing under the metaphor of trade ami
commerce, £c. Had not been conoeived and
agreed betwixt the said Alexander and the said
J. N. and their party before thereby to veil and
disguise their rebellious contrivances and who
were present at the contriving of such a meta*
phorical way of writing besides tbe said Alex-
ander and J. N. and if these and the like m«-
tliods wei'e. not a common rule and practice of
these barbarous and execrable^ conspirators
for disguising of their horrid and bloody de-
s^ns against the person of his sacred majesty
and royal brother and for rising in arms against
his majesty and his government.
2. What he knows in relation to the said
horrid conspiracy a^nst his majesty's perfoii
and the person of his royal brother or of rising
in arms against his majesty and government
and who were accessory to tbe said horrid de-
signs either in Scotland England Ireland or
any where abroad whether in the united pro-
vinces of the Netherlands or elsewhere and that
he would give an account of them in so. far as
he knows by their names sir- names and places
of residence and such other designs as he knew
them by, and likewise that he would give an
account of the particular designs methods and
contrivances treated upon and concerted tor
the rising in arms against the king and go-
vernment in Scotland England or Ireland and
by what persons the said treatiei and desi^rns
were carried op as to all which, he would give
a particular and distinct account to the lonu of
the committee.
3. To interrogate him anent the other letter
written to him under the name of Mr. Pringle
and what was the true meaning therei>f and dv
whom the same was written and if the tnae
therein specified dp not rehite to the condition
of the fanatic and disaffected party, and what
other import tbe said letter does bear and from
what place of the world the same came. '
oeptof the said commission and what otiier in-
structions he had from the said pretended con-
Tention general in order to the methods he was
to take lor inviting the assistance and supply
of the foreign states and churches unto which
he was commissionate, and if he had not in-
structions for imploring tiieir aid by supply of
money and other necessaries for fitting and ca-
pacitating the distressed party in Scotland to
subvert and overturn, at least to resist, his ma-
jesty's government in this kingdom.
3, \Vho were the persons who did sit and
assist in the said convention general when his
commission was ordered, and who did preside
thereat. And that he would declare such of
the members of the said convention as he either
knew or heard of by their proper names and
sir- names and place of .their residence and
from whom he received the foresaid commis-
sion, and who were present at tbe delivery of
the same to him and what a person Mr. James
Renvicle is who subscribes as clerk to the said
commission, and if that was his own true or
only a borrowed name ; and if the same was
borrowed that he would declare what his true
name is, and where his place of residence was,
and if he knows what is become of him since
or where he now is, and to interrogate him
afler the same manner in relation to 31ichael
SheiJls.
4. . If the said general convention was not
composed of persons sent from particular dis-
tricts within this kingdom and how many such
districts there were and who were the leading
persons within these particular districts and
what sort of persons they were who were com-
missionate from these reserved districts to the
pretended general convention. And what far-
ther Jie knows in relation to the government
«nd management of affairs within these par-
ticular districts.
5. To interrogate the said Alexander Gordon
what persons he knew either in Scotland Eng-
land Ireland or in the united provinces of the
Netherlands that did hold correspondence with
the said pretended convention general in order
to their acting and consulting of their affairs or
concerting of measures and methods to he
taken in uie prosecution of their purposes and
designs, &c. ■
JiNTERROOATOits to be put to the said Albxandbr
GoimoN in ReUition to the late Horrid
Conspiracy.
Imprimis, That the said Alexander Gordon
would ingenuously declare the true and ge-
nuine meaning and sense of that letter written
to him by J. N. from London and would give
it fuU and satisfactory account thereof to the
lords of the committee such as may satisfy ra-
tional and knowing men conform to tbe mean-
ing of the writer, who was his correspondent,
jand who would never have writ to him in rid-
dles and mysteries, seeing by the letter it ap-
j»ears that he was iniormins Alexander Gordon
with the state of their wars and with the
wisssures sad resolutions they bad already
A Copy of the EXAMINATION of ALEX-
ANDER GORDON late of Earlstoan.
Edinbureh, S5th of September 1683. — Tbe
earl of Linlithgow ; lord Livingston ; Lord
President of Session ; lord Collintoun ;
lord Castlehil.— Justices; The lord Pit-
roedden ; the lord Haroarss. — The earl of
linhthgow, elected President.
To the first interrogator answers,. That the
first time he met with that pretended conven-
tion wa« near the Inner-Kirk of Kyle in the
fields about two years ago ; and there were
there about fourscore persons or thereby and
that he wa^^ brought there from hn> own bciuse
by one J^ Nisbet, whom tlie declarant knows
not further than he is a West-touatry-miA
46l) STATE TRIALS, 35 Charles II. 1683.— /or tlu Rjfe-Hcuse Plot. [465
about Glasgow ; and that Jo. Nicbet is ano-
ther Jo. Nisbet that wrote a letter to him to
HoHand under the notion of trade, relating to
the risiiig and rebellion in'^eland. ^ And iar-
thcr. That about a year and an half ago he
met with another convention consisting of foar-
8core persons or thereby in the field within 5
miles of the former plac6 near Inner- Kirk and
that very few of them had swords; to which
meeting be was advertized to comehy a letter
bent to his Jhoose subscribed by Mr. James
Kennick who is clerk to' the convention and
heard of no ministers being amongst them at
cither of these times and says there' were peo-
ple there from all the districts in the several
shires of the kingdom : which districts he was
informed were fourscore ; and that he knew
none of the persons in either of these meetings
except Mr. James Keimick the clerk, the
said Jo. Nisbet who came from a district besides
Glasgow, and William aod James Stewarts
who came out of Galloway and Robert Speir
who came from the Lothians,aDd one
Forrest who came from the Upperward of
Ciuyd and that at these general meetings they
produced their commissions from the several
distiicts to the cleik that it might appear that
they were commissioi^ale to get relia for the
dis^est in their bounds, that the business of the
eonventioD was to provide for those amonofst
&em were in want and for their owh security
against the dangers they were in, being de-
nounced fugitives from the laws and in hazard
to be eatcht by the governors; and that he
heard nothing treated or spoke amongst them
as to nang in arms, nor knows of any corre-
spondence these of the convention had with
any in Ireland*; and as to England, he
supposes there was a correspondence there,'
hot knows not these that managed it, except the
said Jo. Nisbet, he having shewn the decla-
rant a letter he had fi'om Michael S^eilte, one
of the clerks of the convention, which he
r.in the end jof March or beginning of April
To the second interrogator, the reason why
heaoorated of the commission produced, jle-
ebies, he accepted it upon the acoounx to
eee if there could be a way round for the distrest
brethren to go abroad, or to have something
^m abroad to maintain tbem there.
To the third interrogator declares, he re-
members no more persons were present but
these contlescended upon in the first internura-
tor, which' he says was occasioned by his
being So Jong abroad; and although upon
seemg their races he might know several of
them, yet knows not their names, n,or the
places of their residence.
To the fourth declares, The said general
eonventioBS were compbsed of persons sent
from the aeveral districts, of whicn there were
as be heard about fourscore in number, in
which fooiicore' districts he was told there
woold have been 6 or 7,000 men, but knows not
of any gentlemen or leading men amount
fbaa^ As to the aommissioii it was sent him
to Newo&iltle by a common receiver, wliom he
knows not, directed to him at his loitgin^ at .
the sigu of the Vine in the Gateside in New-
castle, his landlord's name being George Mar-
sha], a public Inn- keeper, and addrest to him
under the name of La Graveil, being the name
he went by, and that the same was under a
cover of James liennick, their clerk who sub-
scribed it.
To the last interrogator repeats his answer
made to the first interrogator, and. knows no
further.
Being further interrogate upon the interro-
gators given in anent the conspiracy in Eng-
land, declares, That the first time he heard of
any design of rmag id arms was at the time
when the competition was anent the sheriffs at
Midsummer was a year, and then he heard the
duke of Monmoutn was to head die rebels ;
and this he had firom Jo. Nisbet and one Mr.
Murray a Scotch -man then at London ; and
declares, That in January last the declarant
being in Holland, he heard by general report
that the late earl of Argyle was to raise some
thousand Highlanders to assist the rebels in
England by making a diversion, and was to get
a sum of money mr that effect ; and that in
March. last he having received a letter from Jo.
Nisbet in Holland, he came over to London,
where he met with the said Nisbet and Mur-
ray, who told the declarant they designed to
rise presently in England and to rendezvous in
6 or 7 places at one time particularly at Co- .
ventry and London, and tnat they computed
several thousands in Yorkshire, who were to
join with them. That Murray desired the de-
claiant to go along with him to meet with th^
late lord Russel and Gray and the lord Whartoo
(but of Wharton they said they were not very
sure of him being a fear^ man) and with Mr.
Feiguson, and spoke of sevei-al old ofi^cers of
Cromwell's > that were to be there, but the de-
clarant not being for the present rising shunned
to meet with these persons or any of them, and
both Nisbet and Murray told the declarant that
sir John Cockram was with them and heard
from these two persons that both the Cessnucka
were concerned in that business. As to the
lettfir vrriften by Jo. N. of the 20th of March
and directed tor the declarant at Uotlerdam, de-
clares that Jo. Nisbet sent the said letter and
that lender the metaphor of trade throughout ^
the whole letter is meant the design of rising
in arms and a rebellion and that by the wor£
(dispatching the old rotten stuff)* is mean^
either the excluding the . sectaries fron
joininfi^ with them or destroying the goverti-
ment Dotb civil and ecclesiastic which last the
declat^nt supposes rather to be tlie words and
that by the factors are meant their emissaries
for carrying on the rebellion; and for that
strange thing that was to fall out that week, as
the next, the declarant thinks ^ meant the sud-
den muster of the rebels. In the close of the
letter which says things are full as high as I
tell you, is meant that the rebellion was in-
stantly to break out, and having met with Jo*
STATE TRIALS, 35 Charles IL iSSS^-^lHiroduction to the Trials [4C4
after bis comiDg from Ilolland the said
explained to bim tbat the seose of the
Iter was as in abovesaid.
0 a letter direct to tlie declarant under
me of Prmglebf th^ 2d of May 16B8,
es, That tms name of the subscriLer
is blotted out was so blotted beibre it
to Jiis hand, but by the contents of it he
its from one Kob. Johnston a tenant or ,
to the lord Grey on the border, and that
Lders and trading there spoke of is tiie
ed rebellion and that the said Robert
ton offered to come to Scodand with the
ant to have seen some of our disaffected
! here and to have met ^th them. And
. Y. mentioned in the said letter which
ter says laboured to undervalue the dis-
d party in Scotland which he calls your
, is the name of Andrew Youngf who
about Newcastle whom lie supposes to
aspect nerson because be was feared that
>1 8tratners wpuld apprehend him. And
e supposes the way tnat that letter came
hands, was irom some persons that were
leeting at Midsummer about that time,
! was present several of those people that
ommission Irom the several districts, bat
e himself was not att hat meeting.
WINATION of Mr. STEIL and AN-
IREW OLIVER anent Mr. Aaron
Imith's coming to ScotUnd and 'his
,H)ing to sir Jo. Cockram's houst at
>chiltree. Edinburgh, Dec. 11, 1683.
.Thomas 8teil in Jed wart-fbrest declares,
1 'February last, an English gentleman
ig to Jedwart being recommended to the
ant by one David Sheriff, stabler in New-
, only that he might direot htm to Ocbil-
spokeonly to him of Carolina business
which he was to transact with sir John
"am ; <uid that the declarant got him one
!w OliTer in Jedwart-forest for hire to be
lide to Douglas, and that the said Oliver
ivtth bim ifrom that' to sir John Cockrams
?clares he knew not his name, and had no
ledge of Irim, but that he was called when
s at Jedwart, Clerk, but afterwards heard
s called Smith.
Irew Oliver in Barwick tenant to the
lis of Douglas being examined declares,
i before sera-time last the declarant met
Ar. Thomas Steil at linalie, the marquis's
, of purpose to bring home his wife from
las to jMburgh -forest, and the declarant
Vpon his way and coming to {IrovosC
e's house in Jedburgh, and there bemg a
^ there an Englishman ready to tSke
to go to the west, the said Mr. Thomas
having told the deponent there was a
rer who knew not the way and would be
•us of his company, and the deponent
g called for the stranger in the house he
e took horse together and rode to Peebles
ight and the next day came to Douglas,
& stranger upon the way told hig name
was Samuel Clerk, tiLich he thinks was th«
next day after tiivy came from Jedburgh; and
the next day the stranger ^ot being oliTe to get
a guide, to convey him to Ochiltree, at the de-
sire of Mr. Thomas ^toil's wife did go al6n^
with him from Douglas to Ochiltree, and the
stranger went into the house of Ochiltree to
call for the laird ; the deponent not having
gone in with him» where h« staid about one
quarter of an hour, and came back to a house
in the town where the deponent was to lodge.
Tliai the deponent heard irom the stranger that
bis business with the laird of Ochiltree was con-
cel-ning Carolina business, and of their desiga
to send fiunilies there in the spring to plant, ana
that he commended the country. -
And. Ouv£r. Jo. Edenbubout,
Edinburgh, Sederunt and Journals ^^Cock-
ciL, Dec. 20, 1683.
Mr. Thomas Steil chamberlain to the mar-
quis of Douglas, being prisoner asaUedged,
entertaining and corresponding with Aaroo
Smith when he was in Scotland, and providing
him a guide to sir John Cochram's bousa S
Ochiltree, who being examined with the said
guide and all that aj^ieatifi is, that the nid
Aaron Smith, under the name of Ckuk, was
recommended bv one David Sheriff^ innkeeper
and stabler of Newcastle, to Steil, as beiiM^ his
acquaintance when he came to Jedborgb, to
help him to one that should guide him the way
being a stranger, without any suspicion or
knowledgfe of his being a person guilty of an^
crime or evil deaign. The Lords upon consi-
deration of the bill appoint a letter to be
written to the secretari^ to cause examine
Aaron Smith upon the time of his coming to
Jedburgh, and what past betwixt him and Stdl
and any other interrogator proper, seeing it is
said that the said Aaron Smith denied be waa
ever in Scotland ; and that another leUer be
written tp the mayor of Newcastle to examine
the innkeeper ; and in the mean time aUo«9
Steil to be fdierat on cauiioti to appear when
called, under the penalty of S,000 marks ; and
that he shall not ^ go oft the tountiy witbott
licence, to prevent any practising with the
innkeeper.
ALEXANDER GORDON of Earlstoo, his
Deposition before a Committee of his Ma-
jesty's Privy- Council, and two of the
Justices. Edinburgh, September 35, 1683.
Alexander Gordon being further intemgaie
upon the interrogators given in anent the cea-
spiracy in England, dedares, Tbat the first
time he hesjrd of any design of rising in atms,
was at that time when the competitioB vns
anent the sheriiis at Midsummer was a yMur,
and iSien he heard the duke of Monnoiith waa
to head the rebds ; and this he bad from John
Nisbet, and one Mr. Mumy a Sodtchman then
at London, and dedarea, ttiat in January laal
the dedannt being in Uollaady jie hem by
4SS} STATE TRIALS, 35 GB ablbs II. 1 683.-/4W tie Hyp- Bmue Phi. [46«
gea€f9i Jwpott tbit the late earl of Argyle was
to raise some ttMMsands of Highlanders to
assist the rebeb in ISo^j^Iand by maklDgf a di-
r^fwm^ aod was to cnflt ii suni of money for
thaS. effect ;, and that m March last he having
ftcav^ a letter in HoKand from John Nisbet
then in London, he eaHie over to London,
where he M|et with the said Nidkt and Mur-
ray, who tdU the declarant, they designed to
me present^ ht England, and to re«d«z^ou8 in
six or seven plac<i( at one time, nartt^olarly at
Coventry and Lon^^on, and that thevcoioputed
several thousands in Yorkshire who wh<re to
join with them ; that If urray desired the de-
clarant to go along with (lipi to meet with the
late lords Kussel aod Gray, and the lord WKar-
too, (but of Wharton they s^d they were not
Tety sure, being a fearml map) and with Blr.
Ferguson, and spoke of several^ old officers of
Cromwell's; that were to be there^^ but the de-
daraiit not being for the present rising, shunned
to meet with these persons, or any ^f them ;
and both Nisbet and Murray told the de(;larant,
that sir John Cochran was with thein. and
heard from these two persons, that botV the
Cessnocks were concerned in that business.
As to the letter written by Jo. N. of the ^0^
of March, and directed for the declarant at
Rotterdam, declares that John Nisbet wrote the
said let:er, and that nnder the metaphor of
trade throughout the whole letter,- is meaned
the design of rising in arms and a rebellion ;
and that by the word dispatching the old rotten
stuff, is meaned either the excluding the sec-
taries from joining with them, or destroying
the government,' both civil and ecclesiastical,
which U»t the declarant supposes rather to be
fhit meaning of the words ; and that by the
fiictors are meaned their emissaries forcar-
mng on the rebellion ; and for that strange
thug that was to fall out that week or the
^ext, the declarant thinks is meaned the sudden
master of the rebels.; in tlie close of the letter
which says, things are full as high as I tell you,
is meaned that the rebellion was instantly to
break out ; and having ni^ with John Nisbet
after his eoming from Holland, the said Nisbet
explained to him that the sense of the said
letter was as is abovesaid. \
As to the little letter directed to the declar-
ant nnder the name of Pringle, of the second
of May, 1683, declares that the name of the
Bobscnber, which is blotted out, was so blotted
before it came to his hand ; but by the con-
tents of it, he knows it is from one Robert
Johnstoon, a tenant or vassal to the lord Gray
on the border ; and that the traders aod trading
there spol^e of, is the designed rebellion ; and
that the said Robert Johnstoun offered to come
into Scotland with the declarant, to have seen
some of our disaffected people here, and to
have met with them; and that A.Y. men-
tioned in the said letter, which the letter says
laboured to undervalue the disaffected party in
Seotland, which he calls your goeite, is the
mme of Andrew Young, who stays about
Newcastle, whom he supposes to be a si)s-
Sected person, because he was. afraid colonel
tnithers woukl apprehend him : and that he
supposes the way that that letter came te his
hand, was from . some person that was at a
nieeting at Tweeds- Moor about that time,
where were present several of these people tjiat
had commission from the several districts, but
he himself was not at that meeting. Sic sub>
scribitur, . Alexi Gtoroon.
LiNLnnGow, I. P. C.
Here follows the Letter signed Jo. N. which
was found upon Earlston.
Sir ; On Saturday last I had the occasion
of seeing a letter from you, directed fi»r Mrs.
Gaunt, in whose absence Mrs. Ward had re-
ceived it, at the reading of which I was not a
little troubled, considering my full resolutions
sigpiiied to you in my last ; for effectuating of
which I had spoke for passage^ ^nd taken my.
fitfowel of motlier Gaunt, she going into the
conntry : and that very week I was set upon
by that gentleman with whom I stay, and Jo.
JohnslQun with some others to stay hut a
month, and if that did not accomplish some-
what in hand to help trading, then I should,
be no loug«r dttaineo.' After I was prevailed
to retracC'so finr, I ordered Jo. who had time at
toomnaand, to give you an ample account of
Spatters ; and withal, Jo. was desired by our
friends from Scotland tp stand here in my
ploise, the like engagements of secrecy, &c,
beicii taken, and thcrsmpon I ordered him to
shew yov tlte grounds of my staying, and to
desire iSyou inclined to cross the water to coma
tl&is way. but since many are the confused,
yea ti-ou&l|ed thoufffats tha| have possessed me
for yieldiaf , con^ning which, as also my
yielding to q^. take the subsequent ac<M>ttnt.
In ray last^ or it precedent to it, I shewed
vou that tradi^ was v^-y k>w here, ai>d many
breaking, whi^ has qaad^ tlie merchants (such
as they are) to^ think that desperate* diseases
must have deco^ratc cure^ : and while they
have some stocky it wjU be better to venture
out, thai! to kck^n shop a,od sit still till all be
gone, and then vhey shall not be able to act,
but let all go : f^vhich resolution I thought a
thing not to coufide in, seeing the most of
them are fire- side merchants, and love not to
venture where storms are any thing apparent.
But about my departing they shewed the.
model of affaii;^ in such order, that I see vea-.
ture they must, and venture they will ; where-
upon first demanded how our trade would
be carried on. Answer, they knew well what
goods had proven most prejudicial to the trader
and therefore they thought to insist upon ne-
gatives, iu which whatever I proposed is as-
sented to, as I find ; and thus they thought
best to still some criticks in the trade : and by
this means first to' endeavour the dispatching
the old rotten stuff before they order what to
bring home next. This lookeil somewhat
strange to me, but when I consider all cljpcum-
stances,, I think they for themselves do best
in it ; for our merchants I made accc^Wit
2H
i67\ StAtE TRIALS, 35 CHAR£Bft 11.
only id iiave bad som^ stock for to set tbe
broken ones up again, and so bid them here
ikrewell, and tbey to try their way, and we
duri ^ ^tnce tbey think. fit that some of these
whom we have found (as you will say, when
yon hear them named) tneacherous dealers in
our trade, consulted, andaccording'ly havedoi^e :
whereupon T fear, or rather hope that our mer-
chant5E, thougfb broke, will rather desire to It^e
a while k>n^er as they are, than join with
such, &o. to advance the trade ; unless surer
founds of their fidelity be ffotten, than is,
or can be expected, aud this is the bottom of all
lily sorrow. But to proceed, 1 find (if all Hold
that is intended) that they think it is almost at
a (lointto set forward, if they had their fac-
tftrs home, who are gfone to try how tbe coun-
try'wiA like such g^ds, as they are fi)r, or
a^lBuft the making sale off. Friendu, 1 mean
itoerchants,. wrote to me, that after I bad
ilpbkHi to yoQ, possibly you might come this
way, the better tbei-eby to advise them what
to- do in this Case, fi^r I havd sip^fied aome-
#bat of it to theuA, but not so far as tfiis ; be-
cause I thought to have seen you long ere this
time. But 1 hope you will not misconstruct
of ray staying, seeing in it I desijnied nothing
but advancement (>f our trade ; lut once this
week tbese factors sent for will be here> and
fhen matters t« ill in instanti, either off or on,
ftreak, or go through. Wherefore in reference
to friends, 1 desire yon wiH advise me what to
db, if you cannot, or think it not convenient
to come here ; if yon do j let a letter, precede, and
if anv strangt; thing fiiilout this week or the next,
I win Again post it towards you ; 1 think when
fhis and the next week is gone (an J' no news
comes from yon) that 1 shaH set forward,
bein^stiH so ready, as that id IQ hours I can
bid adieu : the Wbiggs nr^ very low as well
in nty as in the suburbs, all lyieetings being
every Sunday Be5«et with eonstablen to keep
them out, and what they get A stolen, either
at evening or morning. ?nua winter many
df the great bankei-s and goMsjoiiths in Lom-
bard-street are broken and gohe : the Bantam
factory in the Indicfi is taken Kiy tbe Dutch :
confusion, confusion in town and country,
such as you never saw. Mrs. Ward and
ifevcral others desire to be remombeitd to yoli.
My endieared respects to yourself and B. with
the young men nrrivcil. l^if* I have writ in
short, aud in haste, exiwctinij a line with as
great haste as you see is nccoful, for matters
are^ill as high as I tell yoti. Farewell, From
"wrir friend and servant, while
t%ndon, March SO, 1683. Jo. N.
P. S. Be sure that you direct not for Beth-
naJ-gTrt*n ; but forme at Mr. Mead's in Step-
ney, near London.
A LETTER as it was written with AUGTLE'8
tfwn hand^ which was addressed to Mskjor
Molroii, and marked No. 3. Jime 31.
Though I cannot by this post send you a full
aircouut of yoilr atfaii^, yet 1 send yottaa much
1 8iS.^lkiroiueHm to tU Trkdi [461^
as may make yoa take meateire* wbal Villt to*
draw upon me, which I hope teu wiUiyiy
understand by Mr. B.'s help ; tbe wlMle ae-
count amounted to seveqd pagee; but -I eilty
give you one to total, assafficient.
I gone so I and naivae object first yod time
much is way the our would of altegeiheroen-
ceftied do upon absolutely do to do effeciNially
as that It be to is at all be d3575949«<44S757«9
money Sa 47575657 of and to 092347305356*
57 and they have is at be that no some their
2345535958, &e. 50000 4548404758 part aa
against the but cobcurren^ fh>m be lees nor
lue place and interest is small and power againit
need do bring which Birch diat cannot time are
out upon an 334753235057 to 5044425650485-
8444367 projected^ meat ver^ may Kftle dene
the been purse I to shall my lists I to great ren-
ture th^y prospect provided have can wiltintg
Qed given conterrence week Brown I of thing*
said some l^e now their itiy bead guard men-
tion 324344675748465357 tiling wbfch toyour
hope some ago as over some it do spoke for of
know and encouragement confer have and aelf
be order resolve add to reckon all and undertake
honest or was fiir be shooes undertaking many
of to for purchase was as is the a possibly ns of
by force it the so how the credit for time Birch
and some greatest them concerned will for and
to and 404843 station good may only theiC
, more will if should expect tollerably standing
and by and necessar the the more the hasafdca
^ it 8 and think urge to necessar I the that so
'afiairs have business, very I possible of I send
here against my till what little upon knew nol
which money 35405748576840534^44 1 servk»
any what shall resolve the at did leaatefiec-
tnally thought and l^r if busineaB reckoned for
still tbe there I or stuck yen upon money by
first sum if then bills 30496640465359 53 570-
9455356424457 well that 38414440585159505-
8458594357 need trouble something very a
frtgliten the probaUy not 3000 the tfao the one*
for and 575943 4344575735 will 4057 57486-
75840534344 and to money could foolvb
Browne many the not to Gods Brand besidee
stay Job seat yet to proposed 333340565157 a
deal tbe things as all once less any drink wett
on know I as pay whether never the received
to any calculate about to that that thesuch with
you I other 1 1 for considerable be partieular
add I are of lest 1 but all have it enemies to
cannot to friends made part I writ wish may be
service Mr. an whole there consider persdns it
when knovrine any and payments to I it low
shall little little raeuning intellceence tiling out
had which tents usual whole with 673151485-
048584840 and by the more of if but tbe that
blessingraisea ."34565358445758405338 475356-
5744 can Virgins supply to call 485650405348
not keep imaginable tbo them 4853485944
standine* many number 36 47535657)^ only
at standinfif a 5159505848585943 first cOflm*
derable with more can them rountrey 43535 1 51-
4053484443in and there 40565 157- it was we«kn
half 1 so to at 600 thinlk needs precise I the the
itawilhiB what requildle not sum titily th{i
4S91 STAT8 TRIALS, 35 CpARiiES It^ l683.-/lf ike Rj/i-Bomt P^of. 1X7%
S-Dimds to 9ay Mr. thuig nor koow they as Iu4|i
e g'fonads occasioned' J ihey both do is red
only Jet I distance in I half in 1 the little would
40574867 58-l05«49 first shall number n^rv
1000 and tiie consider sniall confess tliem wvric
proposed pleased eannot are 2000 Brand it 544<*
445646044 tbe be 40565157 then be 4044440-
M4I»524£ 1604564744564448 little 4558M43-
44»r5r58446a50485944 bav« the but it ^iH
455356674457 and as we yet together only it
liR'by it consider imploy better interest small so
tosone 47535667 a future the to total the abso-
hiteflf and designed and wagemw are but of
]ffnpDsed or and oecaose what add as out meddle
loich of I knowing merchant tliere it that what
is 404540485644405844515458 Red 1 not but
lef expect of op I euforoe at be that should a is,
IB considerable fwt I done this aU have by the
not to had before abk wiU I if and a they have
Willis for 5753 604S48635956 shall ncscessai-s,
the Of of if is is they very incident for the day ly
not elufths necessar to there the necessar best
f)f the 60406630 events little to hope 5644564-
457 maMy sum were for so in we Uwsm wore
wjH io and it had any many yet be may all
^1485048584840 and will it without anc) mot but
pnoce get triple on his very 45535959 now be
4vod aud but is what a if odds, it as near n&med
m^ brush of Aot i^ power proposed an of
Ihmighl m apd go you m or resolved -so 1 in-
tend hear them our 45564844594357 to neither
le will nu»eh. fiH any the know on in proposition
jmihl what other I o|' could be the and be but
Ihptefste were laV. differ was abspU^tely soon
moee te sept abo¥e at well right foot tUeirtogotker
fiy vjfiaii«( the suddenly that 40435843536S will
U^dt will ef the be unwtHing the wijll cai^ at is
M Brand net 4056^157 no shoiiki the much
metr not aad men the ar^ be while do to advan-
jBfglt the husbanding for Bumber is l>e for 574-
75344l»7 oi4y to whole provisions charges goad
can to 1 1 my nvedd^ money as freely for th^
and be-estates do proiectaU atler see be ) it such
yeiiaU 47535657 the yet I distauoe to, dare
them 4n»don Godb hands in on not pievent and
hare some help may from a a he pray very 1 1
Ncsicssars and that to a ooc^oo prices the.sub-
mit they But notown had made be do men some
<^Mimbe neoessiMr 47^535657 such bestowed no-
ting thevoneit money oil'Brandnotto sent en-
jgaged wnoleWith a concerned own money next
rwe money far then but some impossible first
be moflt to of 4744564868535667 30000 to np
.do thotWe done ease and yet number without
hltfd ayfointed lest 1300 likegive will al^er ne-
4eBMHr pcoposed as should leave bard had num-
ber i ji^ramitori 678847535657 stood possibly
these thought J vBOture I do mention this as as
meaniBlhier I as neithar give know odbr have,
The total iPIUli is \a»nL 6ji. which will
be^y^.to |feii by Mr. JB.
Tottasu$ in /^in vriiinjg on the back cf the
Letter.
I hfffn ^nnd twp «f the hnohs I wrote to
JHr. B. were lost, I bcliwe he hath tlieilae
one ; we have receired his letter : I have no-
thing more to say to nim at present ; 1 hope
he knows how to write to me,, and understands'
my address,* and to instruct you ; i.f he do
not, I have lost six hours work.* Adieu.
The DtcTPRBR of the said Lrn?a as it wsp
done in England.
flir ; June 81.
Though I cannot by this pos(t send you jl
fiill account of your afiairs, yet I send yon an
mnph as may make you take measures what
bills to draw upon me, which I hope you wtU
fully undentond bj llr. B-'s help ) the whole
account ammmten to a^esal V*^ * ^^ ^
epdy give yon one to total, as sufficient.
I gone so 1 and leliise otiject first yon time
much is way the our would of altogether con-
cemed do .upon absolutoly do to do sflectnally
as that itbetoisataUbefid success 69 money
86 horse ol' and to 60 9 h 86 orse and tliey
have if at be that no some there 23 foot ike.
50000 fight part as against the hut concorreooe
lirom be less nor like place and interest is small
anH power against need do bring which Birofa
that cannot time are out upon an 88 ho 33 roe
to recvntted projected meat very may tittle
done the been purse I to shsl my lists I to
great venture they prospeot proviiiiei^ hare can
willing God given esnfeienoe week Brown J
of things said some the now there my head
guard mention 38 de 67 signs thin^ itiiich to
your hope seme ago as over some if do spoke
tor of know and encouragement confer nave
and self be order resolvie and to reckeping aM
and undertake honest m* was tar be sheet uhp
dertdung many of to for purchase was as is
Ike a possibly iis of by forcelt the so how the
cnedit for time Birch and aome greatest them
concerned wiU tor and to and aid stotion good
may onely the if more will if ;|ionid expeet
toUerably standing and by and necessar |he
the more tbe hsoarded to it 8 and think or^
so necessar 1 the that bo afiairs have busioess
very 1 possible of 1 send hear against my till
what little upon know not which mon^ 35
oitistande I service any what shall resolve the
at did least eflkctually thought and far if busi-
ness reckoned for still the there I or stuck yon
upon mohey by first sum^yt* tlieo biUs 30
dragooru &9force$ well that 38 keat muititndu
need trouble something very a frighten the
i^hibahly not 3000 the Iho the once for and
weceu 36 wiU aasiatance and to money could
foolish Brown many the not to Gods Brand
besides stay job seat yet to proposed 33 33
arme a deal the things as aU once less any
drink well on know X as pay whether never
tbe received to any «»icidate about to that that
the such with you J other i 1 fiir considerable
be particubir add 1 ane of lest I bm ail have it
enemies to cannot to an account to friends
made part , I write wish .may be service Mr. an
whole theie consider persons it wlien knowing
any and pa3anent to I it \€fw shall Uttie littto
meaning intellijg[enoe thing out had which tento
usual whole with 67 31 mlitia and h^f the
471] STATE TRIALS, $5 Chakles II. l683.— iiilraiikslim to the TtuJb t*72
inoreofit but the that blessing raise a Pro-
testant horse can virgins supply to call Ireland
not keek imaginable tho them joyn standing
'many number horse onely at standing a mul-
titudEe first considerable with more can' them
.country commqnded in and there amu it was
Veeks half I so to at 600 think needs precise I
the the it a within what requisite not sum truly
this grounds to say Mr. thing nor know they
•8 hath the grounds occasioned I they both do
is red only let I distance in I half in I the Uttle
would auistance first shall number very 1000
and the consider small confess then work pro-
posed please cannot are 2000 Brand it people
jthe be arms them be appearing fathered little
forces, Stirling have the but it wSi forces and as
we yet together only it for buy it consider im-
ploy better interest small so to some horse a
future the to total the absolute of and designed
and waggons are but of proposed or and be-
cause what add as out meddle touch T knowing
merchant there is that what is affair attempt
red I not but I of expect of up I enforce at be
that should a is in considerable put I done this
all hare by the not to had before able will 1 if
and a they have will is, for soldier shall neces-
aars the or of if is is they very incident for the
daily^ot deaths necessar to their the necessar
best of the war 39 events little to hope repress
many sum were for so in we them more will
.in and it haid any many yet be may all militia
and will it without and not but more foi triple
on is T^ foot BOW be God and but is what a
if odds it as near named not brush of not less
power proposed an of thought my and go yon
m or resolvt^ so I intend hear them out friends
to neither to will much till any the know on in
proposition could what other I of could be the
and be but that easie were I all differ was ab-
solutely soon more to sent above at well right
foot their together provisions the suddenly that
. motion will take will of tlie be unwiUine the
will can at is get Brand not arms no snould
the much there not and men the are be while
<do to advantage the husbanding tcilr number is
be lor shoes, only to whole provisions charges
sood can 1 1 my meddle money as frieely tor
the an be estates do project all after see be I it
such you all horMe the yet I distance to dar
them direction God's hands in on not prevent
and h^ve some help may from a a be pray very
1 1 neceasars and tnat to a occasion prices the
submit they but not own had made be do men
/wme of sum be necessar horse such bestowed
nothing tliey one it motey of Brand not to
sent engaged whole with a concerned own
money next prove money far then but some
iroporaible first be be most to of Uerctors
20000 to up do tho there done case and yet
number withaut hard appointed least 1S00 like
«ive will after necessar proposed as should
. feave hard had number I pei'emptor J 67 33
Jkorse stood possibly those tnought juncture I
do mention this as as mean other 1 as neither
^ve know offer have. Adieu. ^
The total sum is l^SgiL Qst. which will
Jbe paidio you by Mr. B»
Written itf. plain sense on the buck of the
Letter.
I have found two of the books I wrote ts
Mr. B. were lost, I believe he hath the blue
one X we have received his letter. I have no-
thing more to say to him at present : I hope
he Imowa how to write to me, and understands
my address, and to instruct you, if he do not I
have lost six hours work. Adieu.
The Copt of the said Letter, as it was given
in by Mr. Spence, according to the plain
sense thereof, without the preface or post*
script, being set down already with ths
cypher and decypher.
I know not the grounds our firiends havs
gone upon, which hath occasioned diem to
ofier so little money as I hear, neither know I
what assistance they intend to give -; and .till I
know both, I will neither rel'use my service,
nor do so much as object against any thing is
resolvedf till I first hear what Mr. lied, [Car-
stares.] or any other you send, shaH' say ;
only in the mean time I resolve to let yon
know as much of the grounds 1 ^ on, as is
possible at this distance, and in this way. I
did truly in my proposition mention the very
least sum I thod|^nt could do our business
eflfectually, not hm of what I would have
thought requisite in another juncture of af-
fairs ; and what I proposed I thought altoge-
ther so far within the power of tlnSe concern-
ed, that if a little less coidd nossibly do the
business, it would not be stood upon : I reisk-
oned the assistance of the horse absolutely ne-
cessary for the first brush, and I do so still :
I shall not be peremptory to urge the predss
number named, but 1 do think there needs
very near tliat number effectually ; and I think
1000 as easy had as 8 or 600, and it were hard
that it stuck at the odds : I leave it to you to
consider if all should be hazarded, upon so
small a differ. As to the money, I conless
what was proposed is more by half than Is ab-
solutelv necessary at the first week's work, but
soon after all the sum was proposed, and mors
will be necessary, if it please God to give suc-
cess, and then arms cannot be sent like money
by bills : there are now above 1300 horse and
dragoons, and 2000 foot at least of standhig
forces in Brand [Scotland.] very well appoint-
ed and tullerably well commanded, it is right
hard to expect that country people ou foot,
without horse, should beat them the triple
their number ; and if multitudes can be got to-
gether, yet Uiey will need more arms, more
provision, and have more trouble with them :
nut the case is, if something considerable bis
not suddenly done at the very first appearing,
and that there be onel v a multitude ^hered
without action, though that may frighten n
little, it Will do no good, the striding forces
will take up some station, probably at otirliag,
and will to their aid not only have .the militia
of twenty thousand foot, and two thoussnd
hocse, but all the here^tors, 9ec U> the nmnber
%7S) STATE TRIALS, 35 Chables 11. 1 683.—/or the Rye-House PM. (474
ttmmj be of fifty thousand ; and thoogh many
will lie unwilling to fight for the standioff
fon:eSy 3^ the most part will once join, and
many will be as concerned foi* them, as any
can be against them : and though we had at
first the greatest success imagiuftble, yet it is
impossible but some will keep tog^hcr, and
get some concurrence and assistance, not only
in Brand, fScotland.] but from Birch, [Eng-
land.] and Ireland ; it will not then be time to
call for more arms, far less for money to buy
them, no money nor credit could sup{>)y it, we
nboald prove like the foolish rirgins : consider
in the next place how l)rown, [Dissenting
Lords,] can imploy so much money, and so
many horae better, for their ou-n interest,
though the Protestant interest were not con •
cemed ; is it not a small sum, and a %mall
Ibrce, to raise so many men with, and by
Ood's blessiDg, to repress the whole power of
Braiid, [Scotland'] that some hope are engaged
Ugainsl us, besides the horse to be seat, need
posBtbiy stay but a little while to do a job, if
fiitnre events do not bring the seat of the war
to Brandy which is yet more to the advantaflfe
«f Birch, [England,] as to the total of the
inoney that was proposed by the best husband-
ing it, cannot purchase arms, and absolute
necessaries for one time, for a militia of the
number they are to' deal with, and there is no-
thing out of the whole designed to be bestow-
ed upon many things usual, and necessary
ibr such an undertaking, as tents, wagons,
doaths, shoes, horse^ horse- shoes ; all which are
tMt only necessary to be once had, but daily to
be recruited, \&r less out of the whole sum pro-*
jected, was any thing proposed for pronsions of
meat or drink, mtelligence, or incident charges;
'some very honest w^l-meaning^, and very good
men, may undertake on little, oe<»use they can
do little, and know little what is to be done.
All I shall add is, I made the reckoning as low
as if I had been to pay it out of my own parse;
and whether I meadle or meddle not, I resolve
iUiver to touch tbe money, but to order the pay*
ment of necessaries, as tbey shall be received ;
and I shaU freely sabmit myself to any know-
ing soldier for the lists, and any knowing
xnoncbant for the prices I have calculated, when
there is an occasi<^ to confer about it, it will
be a great enoouragement to persons that have
•estates to venture, and that consider what they
do, that they know tliat there is a project, and
pmspect of the whole aflairy and all necessaries
provided for such an attempt : if after I have
spoke wkh Mr. Red, fCarstares,] 1 see I turn
4o yon service, I will oe very wifiing ; If I be
-not able, I pray God some other may ; but
before it be given over, I wish I had such a
ewd'eicnce as I writ of to you a week ago, for
1 expect not all from Browne, [Dissenting
Lords,] some considerable part of the horse
may i oope be made up by the help of your
particular friends. I have yet some things to
-add, to enforce all I have said, which I cannot
at this distance ; and some things are to be-doue
<ibptevealtbe designs of enemies^ that I dare
not now mention, lest it should put them od
tbeir guard, I have a considerable direction in
my head, but all is in God's hands.
The manner of Decy phering is explained more
at large in another Book, called. An Ac-
count of Discoveries made in Scotland,
&c.
Part of WILLIAM SPENCE his Deposition.
At the Castle of Edinburgh, the 19th of
August, 1684.
Mr. "William S^ce, of tbe age 33 years, or
thereby, not marned, solemnly sworn, depones,
That ill the paper subscribed By him ; the letter
dated June 21, and tbe other without date,
marked A, are written plain and in the true
sense, so fiir as his knowledge reaches, and
that he had no key to open the letten
with, but the alphabencal cypher : that by the
128 Gilders, 8 Stivers, mentioned in the end of
the long letter he understands that it is the
key thereof; and by the payment of the same,
be understands the way of using it. That he
does truly believe there was an insurrection in-
tended, within these two years ; and as for
what is to come, he cannot tell what the people
abroad may be doing: that be had often lieard
of designs and associations ; but that they wer«
directly intended to hinder tbe duke his sac-
cession to the crown, he cannot say: for all
that he understood was pretended for the
m>und of any designs of arms, was the de-
nmCeofthe Frotestant^ Religion, the libertiea
of the kingdom ; and if against the duke bis
succession only in so far as that might be pre«
judicial to these ; and that he thinks upon- the
king's death tronbles may probably arise : that
Mr. West, to. whom the letters were directed,
was not one of that name ; but Major Holms,
to the best of bis knowledge : and this is the
troth as he shall answer to God. Sic snbscri*
bitur. W. Spemcb.
The INFORMATION of ROBERT SMITft
formerly of the Parish pf Dunscore, in
* the Sherifdom of Dumfreis, in the King '
dom of Scotland.
At all the conventicles for near two yeazs
before tbe rebellion in the year 1679, then
were great contributions of money (wbich were
cheerfully given) under the pretence of a sub-
sistancc for their ministers, and the poor of their
persuasion (the only design that was known
to the meaner sort of people) but the greatest
part of the money was employed tor arms' and
ammunition for a general rising: in order
wherennto the phanatics in the month of April,
May and June, 1679, were preparing them-
selves, by keeping several great field conven-
ticles (both in the West and South) in wbidi
were considerable numbers of armed men.
And although they were generally very fond
and forward to put their design in execution ;
yet it was' hastened a month sooner than was
mteoded, by the skionibh that hi^ppened ebout
AYf] STATE TRiALQ, 35 Cbabi.wi II. l6M.^Mroduiiium i^ ike Trialt |;47^
Ihe middle of Juna^witkui two mikMt of LowdoQ-
iiiU, j^w«ea % partjr of hi^ majesty's forces
uader the comoMMl of o^ptaia (oow eolooel)
Graham of ClaTerhouse, and a strong field-
b9nreDticle, in which I was myself with a
party of a trooo of horse (levied in Nithsdale
in the end of May, and foeHnnin^ of June)
whereof I was comet, under Mr. William Fer-
guson of Caitlock, captain, and John Gibson
of Auchinchein, lieuteriSint. The same ni^t
i£fler that skirmish, I was at the eari of Low-
don's house with Robert Hamilton, John Bal-
£>«', and David Haxton (both murderers of -the
late archbishop of Saint Andrews) Ji>hn Kisr in
Hipiehoie, and seveqU othens, in number nbout
twenty seKeo home. The earl hinaself was in
the bouse, a^d J saw him pass into the |;arden ;
but I did not perceive that he came wto oar
copapany, thouj^h I have reason to believe that
Bfobert Hamilton wa^ with bis lordship and his
lady in.«eme of the chambefs, because I saw
lijm JeayiBgc us all of his company in the great
Uil,4tnd going into the private rooms, where I
0m sare »!« my lady, as I do not doubt but my
kfd was also, for it was from thence that I saw
liiii) pass into the garden : but my lady did
|»ttbUely tbat eight entertaisL and lodge all Ibe
«o«9iDaoy. The next morning at four of the
'4sloeK we came from that earl's house, and made
•11 the baste ^e eould to Hamilton, ia oi'dar to
Maihe body that we had parted with tbe day
Icfore ; «nd the next day we all marched to
Qlo^gow, where (the morning after) we were
teiien by soqaie troops and companies of tbe
lung's forces, and thereupon netumedto Ha-
jBiltoflK. From thence I went in company of
iir. DttTid WiUiaoMQii (who w«s a preacher
i|Bd a captain) witb siKsewe borne to the shire
0i. Galloway^ where we met and jomed six
tMops of borse «ad about as many oompanies
«f &ot thai were levied in Ibat country and
Dttthsd^le for om: assistanoe. Thereafter we
wentkito Dumfineis where we staid a night,
mnd had' notice of .the king.'s forces comine to
the Kirk of Shots ; whereupon we mnrched
with aH possible diligence to join the rest of the
TsMa at HamBton ; seizins' all the arms and
boFses that we could find by the way, espe-
cially at Dromianria, Thom-hiH, Sanehar,
CflMDOOok, Cesnook, Newmills aad Stmrin ;
but at Cesnoek we reoeiyed ^four hmidred
la^tfes, wbicb we were told were the firee and
veiuntary ^ of m Hugh Campbell, the fa-
Iber, and aur Geoi^e, the son. There was o^e
§ms9ge in this mu«h, which I cannot forbear
40 lelate, viz. That as we were passing by
tbe obi caatle of Tceve (where his majesty of
blessed memory had a gjarrison, in the begin-
jpiDg of the nikluippy troubies of his reign) old
Gordon of Esrlstown (who in lew
daya after W98 killed at BotbweU-bridge) ip
my he»riiig epoke to tbe officers thai were
MMt hisa as foUowetb, Gentlemen, I was tbe
man that commanded the party wlueb took
this castle from Uie bile kiqg, whn had in it
flbom 300 of tbe name of MasevelU'Of whom
ikbe4;iantwifartbcingP«fii«la m piu tbon iB
to tbe sword, and demolisbed tbe castle, as
voa see it : and now {though an old man) I
take up arms against the son, whom I hope to
see go tbe same way that his tatbc;r vent : for
we can Aever put trust in a covenant-breaker ;
So gentlemen, year cause is good, ye need not
fear to fight against a forsworn king.
Upon Saturday tbe Slst of June, 1679, tbe
main body of the rebels came to Hamilton,
and lay encain|)ed betwixt that place, and
Bothwellrbridge until Sunday the 29tb, when
we were defeated by tbe king's forces, during
which time there came to our camp great store
of provisions and arms from Glasgow, Hamil-
ton, Laurick, Lesmah^, Newmills, and se-
veral other places in Cli^dale, and tbe parts
acyacoBt ; but I do not know tbe particidar
persens from whom tbey were sent, sav^ only
what J have said concerning our receiving tba
400 lances at Cesuock : but about a week
before our coming to that place, as wc wer«
passing by the earl of (galloway's bouse of
Garlis, his brother the laird of Bymstone came
to ^ee some of the gentlemen that were of out
number, and accompanied us 10 or 1^ miles^
usturoiog ai'terwards to his house ; but betore
his going he gave assurance that both his bro*
iher, the earl of Galloway, the k>rd Kennoiora
and himself were our friends : and I did baaf
bim giving great enooarajg;ement to tbe nfteaner
sort oi people that w.ere m arms with us, by
bfddiog them to be chearful and courageous ;
for he did assui^e them that they bad veiy
good friends in tbe country ; and we did be-
eve that within few days thereafter, as w«Il
the earl of Galk>way, and lord Keumore, «s
tbe said laird of Rymstone would come and
join with us, and had we been able to oontihui^
some time long[er together in a considerable
body, and bad given tne least &il to the king's
forces, we expected that ni^y persoiis of
great quality and interest, would have j^ed
with us : wbeseof a per&ct accotmt can he
fivenby£aristown(nowa prisoner in Edin-
uivh) if he wUl but ingenuously declare what
be knows.
The night before the fight, ibe nebels (one
Hamilton Moor) held a coMOcil of war, con-
aistia^ of Ilobert Hamilton, David Hajcton of
Batbillett, John BaHbur, Msjor Ledmont,
r<i^'^ Ma^crellan of Banscoib, r-"-^ Gordon
of Home, Mr. Will jam Ferguson of CaitJocb,
(my captain aibre^aid,) — r— Gordon of Crai|^
— — - Gorton of Newtoun, — — Gordon of
Eai'lstone elder, — - Gor^ of Earlslone
younger, ~- Goidon of Cniicfalaw, ^**^jf*itTr^
MackcidloGb, -— p- O'Uodougaliof Freugb,
captain John Smith, ca|ftain ->-^- Hona^ fir.
WiUiam Clelaud, a captain of horse, M^ . JiDwni
Fowler^ a oaptain of foot, Andrew Story, a oafi-
tain of loot, and several other gentlem(Mi and
odGieeBB, whose names I do not at tbe ppsieat
remember, bukdo well know the places of tbiiir
nbode. There were also seiuuref of 4^ minii^
ters in ^ eouneil o#' w»r, vjf . Mr. Jkm
wash, dftr. JSe^Kt AMuiiakl, Mr. 'iieimdir
Jimtj, ik. David waiiamiMii (w^o afap ae
4^] STATE TRIALS^ 95 CIiabLM IL I6t3.«-^ t^ IfyhUiiUi PU. £4m
I hA^ bM before ^m Mpliiil oT a ttMp
of kome) Hr. Daiid Hwm, Mr. Jobn
BtabUer^ Mr. Jolm Bkidtlotb, Bfr. DmMdd
CkfS^ Bfr. John RidL Mr. Mm Kingr, Bf r.
Jfehn Dick, Mr. iWtias Forrealer, Mr.
J^ksk DickflOA, Mr. IUfe«tt 8teidil«uds, Mr.
Pttrick VenwU, anil Mr. Joba HarrftWajr with
90ne otkcn : bot iit ibis tfEM Mr. ftmbwi
€tiiircni ftod bis brother Mr. NicbaeK with
iMM ^w other tnhitolBfi wore gone to Hoi-
Ittd with monies to my Par srms th«t were
ftmeriy brought by KerskuidPs son (as I was
rfaoe mibmed) and some other pbaDttieks
fimg there. In this eowicfl there were rery
bdtdebotes betwist Weleh's party (the most
mnderable of the two^ who were eontent to
lay down artns upon their gfetlingf an indul-
geoee, and Robert iiainifion's. party who
would rest satisfied with nothing less than the
flBtirpatioti of episcopacy, and setting np a
Mrs mneabyterian government, as they called
n. And the differenees were so grsot setwixt
tbeoi. that the ch<Nee of their ohief oflSoers
(which was designed to hare been that night)
was pot 9ff till the next day, (being Snnday ) at
tOin &e ibrenoon ; b«t were prevented by the
kbig's army coming before sun^^nsing, to the
Horth-eod of Bothwel-bridge : however, they
did that night appoint two cottunissioners, (viz.
Wt. David Home and captain Mackcullocfa) to
treat lor them with the duke of Monmouth :
SB whom they waited accordingly about half
in hour before the fight, but returtied without
any suboess. The general diecenrse amon^
ike rebels on FHday aM Saturday was, that
Ike lord Burgany would certainly come in to
iiem the Monday foltowiag (had not the fight
OB Sunday prevented him) to command tmrir
Ibrees in <mief, and to appoint suoli field
officers, both fi^r the horse and tbot as he
HMMld think fit, unless they had been appointed
by the council of war berore his coming ; but
in either of the cases they vrei-e to have had
tbnr commissions from him : for it was most
Certain, that ttrey would not allow Robert
banuHon to be their commander in chief, the
tcbciB did frequently and' openly express the
mat confidence they had in some of their
mends about the duke of Monmouth, and par-
ticularly the lord Melvil, the lord Newark,
sir Thomas Armstrong, and sir Hamilton
sf Preston (the elder brother of Robert Hamil*
ten) besides some others whom I do not now
, but could know them, if I shonld
names.
When the king's standing forces begnn to
the brid^, the chief officers of tiie rebels
were consuHing what was fit for them to do,
and it wMsresolv^l that they should all march
away m godd order tovrards Gionnck, and the
tains of OaHoway, until they should be fur^
aished with wrms>nd ammun^ition, which were
landed at Borrostenness (besides what was ex^
pected from Holland) but conM not then be
bnmglit to them, by reaao» of the king's army
having been diterposed betfl'een th^etn and that
itface. And nioreorer they wtre- m expef^"
tkn af fonBiiisiiibte leiMfiaamwite kodi of
horse and fbot, which were oa thdr laarcbf
fboBi several parts of the coontry. Bat tMr
chief eacomagsroeftt to prosecute tins dengD,
was the confidcnca they had, that the duke of
Monnaooth wookl not put any hardBhip tKNm
them ^ which I have good raason'to believa
was tme ) fbr when I was ia company wiib
all the rebels horse (about 1,600 in number)
lesathan a mile firom tbeflekl of batde, mansk-^
ing up on a ristae ground fia our retreat) I
looked over my sboiuder, ana saw the king^a
horse at a stand, afber they had pursued ua •
little .vray, which we looked upon as having
been done to favour our escape: for if they
had fbUowed us, they had certaiaiy kilted or
taken us, all, a fbw only excepted, who wera -
very well mounted ; and we were often after-^
watilslohl, that they werestoptby thadtaka
of Motunouth's positive command, when they
were vH>leBtly pursuing us, after tliey had
quite broke Oar fool (oonststtag upwards of
4,000,> and were within less thtt h^a mile
oi the body pf our horse (nmning away ) Which
then was in great consternation and confiisidn :
however, we marched that . forenoon in aa
good order as we could (12 mi^es over a moor>
1 to New-mitls, without any of his majesty's
forces giving us the least disturbance, wfaer»
we separated, some going towards Air, othera
to 6alh>way, and the rest to Nithsdale ;
amongst which last, were the most resolute of
the officers, to the number of betwixt 45 and
50 ; who continued together in arms, ffoinff
up and down the country in Gallqway, Niths-
dale and other places thereabouts (after all the
rest were scattered) until a party of the king^s
fbroes, under the oommand of Clavo^house,
came into Galloway, and then we (for I was
myself alt along with that small remainder of
the rebels) went into the West, where we wera
meet kindly entertained in many places, though
I do not remember the names of the persona
by whom : but I do well know their habi«
tions ; and • I was afterwards told by Mr.
Richard Camron, and his brother Mr. Michael,
that they and several others were sheltered sad
entertained by sir Hugh, and sir<]reoi^e Csnap*
bells at their house of' Cesnock. After some
stay in the West, I returned to my own house
(Kilroy) within four miles of Dumfireis, where
having staid about five or six weeks, the said
Mr. &chard Camron, and his brother Mr.
Michael (who wi re some short time b^H« re»
turned from HottiAd) came to see me, aad '
stayed with me two nigbts: diey told me,
that they had bought four small nrasa gm
with a considerable quantity of aminumtHMi
and fire-arms, which they had in a readiness,
to have been shipped at Amsterdan, hi order to
their having been landed at Greenodk;) when
they received the ne^ws of the defeat at Both*
w«A-bridge ; wh^eupon they put up tha said
jfuns, arms and ammunition m a secure place
m Am9terdam, until diere should beoooasiett
fbr them. The Sunday after their ooming to
my boose, Mt. iUl^iiam C^tofom ktfi a ficNJ*
4r91' STATE TRIALS, $& Ghablss II. l6M.^Litfodu€tkm to the Trids [W^
oonventkle within a mfle of sir Robert DalyeU*s
house,- where were about 5,000 in number.
The occasion of this meeting (where f was
present) was to see how the country stood in-
clined, and who would join with hiin. From
thence the said Mr. Hicnard carried with him
30 men (whereof I wias one) to the laird of St.
John's Kirk (a cousin of the lord Carmich-
aeVs, and Y suppose his name is also Car-
michael,) whose house is about two miles
from Biggar, and towards 30 from Edinburgh,,
where we stayed four da^'s : during which,
there was several conventicles kept in the
house, at wliich, the laird and his lady were
constantly present. And the Sunday after we
kept a field^coBventicle on Tinto-hill, to which,
there was people gathered from all parts of tLe
country ther^bout, to the number of between
thr^ or 4,000, wh^*eof many were well armed.
Nprom this hill I went with Mr. Richard Cam •
ron aforesaid, and upwards of 20 more to the
hidy GiUcerscleughs's house (a widow lady) in
Clidsdale, where we stayed a week, and icept
several conventicles with her. About this
time the duke was come to Scotland, and
whilst we were in this house, it was one niffht
at supper proposed b^ Haxtoun to kill n\s
royal highness, .the said hidy being present,
together with the two Camrons, four gentle-
men of the North, whom I knew not, and two
of my neighbours whose names are John
Harper, and Robert Nalson.
Tnis Uaxtoun said he would do it himself if
he could come at hiim ; and thought, that it
might best be done when the duke was at dinner ;
wherefore he asked, if there were any there that
would go and observe all the manner of his
royal ni^hness's dining ? whether people
might get into the room to see him at dinner ?
and if there were any number, or crowds of peo-
ple got in ? Saying, that he wa» too well known
to go upon this errand himself. So Mr. Mich-
ael Camr^n undertook it, and took me along
with him, who were particularly instructed to
observe, whether people could go in with lai^e
coats or cloaks updn them, and women with
plaids ; 'and whether they could pass the sen-
tinels with their swords : and according as he
should find matters, he would afWwards con-
trive the best way to effect the business. Ac-
cordingly we two went, and saw the duke at
dinner ; but as we returned to bur lodging, at
one Danald Mackay's house, at the head of the
Cow-gate, near the grass-market, Camron (by
chance) met tliere a man which knew him ;
whereupon we both betook ourselves immedi-
ately to our horses, and were pursued by IS of
the king's dragoons, who followed us so close,
that we were forced to part company \ and I
went to my own house, where being again in
danger by a party of Claverhouse his troop, and
not winking myself safe, I came into England,
where I continued three years, and was at many
Presbyterian house conventicles in Shrewsbury,
Brummigham and Bristol ; but never see a
field-conventicle in thb kingdom, save one at
Clee- hill (some few mile distant 6om Ludlow)
npoD a Sunday in May, 16dl, where were met
to the 6umber of upwards of 1000 ; and som«.
of note were amongst them ; but I do only re-
member the names of Mr. Burton (a lawyer
whose country-residence is in Shropshire) and
Mr. Wardin, a merchant in Brummigham, be-
sides the two ministers who preached there,
whose names are Mr. Thomas Eaglc«all, who
lived in a little market town (called Kinver) in
Worcestershire, near iustice Foley '^ house, and
Mr. Thomas Case, who lived near Shrewsbury,
and their sermons were wholly tending to raiso
•faction and sedition, in the same manner as I
have too frequently heard in the field- conven*
tides in Scotland. About a year and half ago
. I went over into Holland, when I saw the (sine*
deceased) earl of Sliafbbury, and the late earL
ofArgile, at Amsterdam; but did not speak
with either of them ; and saw Ferguson mt'
Rotterdam with whom I spoke ; but nothing
concerning the government. . Then Mr. John
Hog, and the other Scotch ministers belonginflr
to Rotterdam (knowing that I was in the reb£-
lion, and could not safdy live at home) advised
me to enter mysc4f a soldier in the prince
of Orange's army ; which I did accor*
dingly in colonel James Ihjglas's regiment, in
his own company, where I served a year.; and
then became known to Mr. Thomas MaXwdU^
a captain in that regiment, whose country-niaa
I am ; and he understanding, that I was fled
from home upon the account of ray accession ta
that rebellion, told me how fair an opportunity
I had to serve the king, by making a full disco-
very of all persons that I knew to be guilty of
it, or any ways aiding and assisting towaeds
the promoting the same. Adding, that if I
would follow his advice in that matter he doubt-
ed not of his putting me in a way to deserve
and obtain the king's remission, whereby I
might be enabled to live peaceably at home
hereafter. To which I did very readily consent,
and he having thereupon (the 12th of NoYcm-
ber last) obtained my discnarge from my 6olo«
nel, 1 have since discovered what I could. And
particularly that at Rotterdam (since my said
discharge) I had seen several of the Whiggish
ministers, some whereof I remember were at
Bothwel-Bridge, who came from Scotland about
the beginning ofSeptember last, viz. Mr. Tho-
mas Forrester, and Mr. Patrick Vematt (for-
merly mentioned in the council of war) who
preach frequently in the Soots' church at Rot-
terdam, as do Mr- Gordon (who is brother to
James Gordon, a merchant there lately de-
ceased) Mr. John Harvey, Mr. George Barclay,
and Mr. John Sinclair, all phanatic preachenu
The most part of whom (as the above-menti-
oned Mr. Forrester told me) went over from
Holland into Scotland, about the month of
August last ; but that they found thems^vee in
sucn daily hazards of being apprehended, that
they returned back again to Holland ; and that
this bad news which they brought over with
them, is the reason why Robert Hamilton's
late intended journey to Scotkmd was put off,
whither 1 was sometime hefore iaformed he did
4
481] STAITE TRIALS, 35 Charles II. iffSa.-^t/br the Ifye-Hdwe Plot. [im
intend to go, and to carrj arms tlcng with htm
ta some of his friends there. The said Forres-
ttr told me farther, That ther resobre to keep
BO iDore fieM-conventides, nnding, that those
meetioffs have senred only to weaken their
prty , uiroQgh the seizing of some, and diapers-
nag the rest (which made their friends publicly
known) and that Q<iw the English and they.
join councOs, nnd resolTe to go on more wsrily.
I did likewise discover, that the manner of the
said ministers, their passing to and fro betwixt
Holland and Scotland ondiscovered, was by their
beinfl^ clad in seaman's deaths, and working in
the Klips as sea- men. As also, that I was per-
suaded, before they shall attempt any thin^ to-
wards a new rebelhon, or making use c?the
anns, that the two Cararons letl m Amsterdam
fwfaicb are now in the custody of the late earl
«f Arable, as I was told about nine weeks ago in
ThteAij by sir John Cochran's second son, and
Mr WrDiam Cleiand, mentioned in the council
-of War) they will first endeavour to dispatch the
king ; and that being done, they doubted not
but diey could soon overcome the duke, and all
odiers toat would oppose them v which I heard
myself disconraed in a meeting about two months
w^j at Mr. Hiomas Hog, a phanatic preacher
bis house in Utrecht, where were present (besides
Mr. Hog, and myselH sir John Cochran's son,
and Mr. Cleiand, alreaoy mentioned, Mr^ James
Steward, .tb^ lawyer, his lady, the lady Kers-
land, and her son, with several others, whose
names I do not remember : but tbis Iftngnajre
ibcy apeak only amongst their confident friends:
fbr they make the common sort of pe(»ple believe
that diere was no such thing as a phanatick-
plot ; but that the raising of that report was a
contrivance of the Papists, to make use pf false
witnesses, for taking away the lives of true
Protestants ; which I have of^en heard, not only
discorarsed, in hooses where some of the ordinary
sort of people were in company; but also
preached in th^ churches, where the sermons
(for the oath) to bring up their children in the
traejprotestant faith, and m the discipline and
doctrine of the Kirk of Scotland, according as
ihey are obliged by the solemn leagite and co-
venant ; and at their communions, debarring
always ^m their sacrament all such as have
ort taken the covenant, and do not adhere to it.
But of all the fugitive preachers lately gone
over from Scotland into Holland, none is more
perversely violent a^inst the government,
than Mr. John l^nclair Twho for many years
was minister, and kept a ooarding school at Or-
miestoim) whom abont twelve weeks ago I
heard preach in the Scotch Chuixh at Rotter-
dim ; and a great partof his sermon was railing
against the duke and the privy council of Scot-
land, saying, that he (meaoing bis royal hieh-
aess) was a rebellious enemy of Crod ; and had
got such « hand over those peijured rogues
(meaning the lords of the privy council) as they
aQ intended to overturn the Protestant Retigion
and to introduce popeiy ; which ^e further
said) could very easily be done, considering the
'ODaU differeaciB thtt is betwix^them since epis-
▼OL. lac
copaey was re-established ; and in his prayer
after sermon, I heard him pray earnestly, Tbat
God might open the king's eyes, to let him see
the evil of bis ways, and turn from it ; other-
wise. That God mi^ht taie him out of this
world, from being a curse, and a scourGre to his
holy people. And farther prayed, That God
would turn, the counsels of his counsellors, as
he did that of Achitophel into nothing.
The faite earl of Argyle lives now iH the pro** '
vmoe of Prisland, where he has a smaH estatei
purchased partly by his fhtlter, and partly bj
himself; upon one of their family or tenants
fbretdling maor years ago, that they should
be driven from tneir estate in Scotland, as I was
often told in Holland, particularly by Mr. John
Hog minister of the Scotch church in Rotter-
dam and Mr. John Pitcaime, who keeps a
meeting-house at Utrecht. The e^l of Low-
den with two servants only, and sir James Dal-
ryraple of Stair with his whole family, live at
Ley den, besides Mr. Douglas (a minister) and
some f^w more whose names I do not remem-
ber. There are many phanatick house-keepers
in Rotterdam, who barbom* the rebels and fu-
gitives that come over from Scotland, viz. Ro-
bert Gibbs, Mr. Livistoune, John Gibbs, Mr.
Russel, James Delapp, James Thompson,
John Greirson, James Nory, John Jack,
George Weir, all merchants,' and the widotv
of the lately deceased James Gordon, merchant,
whose house was the common receptacle of #e
chief of those rebels and fugitives. The gen-
tlemen that I left at Rotterdam are, Mr. Dcn-
ham of Westsbeilis with his family, captain
William CleTand, John lielfour, with his fami-
ly, captain William Ferguson of Caitlocii with
his family, captain Andi-ew Story. The minis «
ters there are Mr. John Hog, Mr. Robert
Fleemiug (settled preachers of the Scotch
church) Mr. John liari'away, Mr. Thomas
Forrester, Mr. Alexander Hasty, Mr. Patrick
Vemat, Mr. John Blakater, Mr.' Gordon,
Mr. George Barclay and Mr. John Sinclair
aforesaid, who is now settled a preacher in the
EugUsh church at DeMh. At Utrecht I left
Mr. James Stewart the lawyer with bis family,
and his elder brother the laird of Coldoesse,
Mr. Cochran, (sir John's second son) the lady
Kei-sland and ner son, and six ministers, v'lz,
Mr. Thomas Hogg, Mr. John Pitcaime, Air.
John O^ilvy, Mr. John Veitche, Mr. Robert
Ker, and Mr. Robert Menteath, besides some
others of less note, jv hose names I do not re^
member, I left at Utrecht 3 Eoglish gentle-
men who Uved there for some time before, and
go by the names of esquire Packnood, Mr.
Smith a merchant of London, add Mr. Jones a
Welsh- man, but I do not believe thai these
are their true names for they fled from England
upon the discovery of the late plot, as did like-
wise several other Englishmen, whom I did
of^ see there, but could not learn tlieir names.
Idid also see and speak with sir John Cochran,
but he and T, or 8 Scotchmen more (whose
names I know not) went two days after my
arrival tbeie> to GiUetiattd, where a great
2 I
463] STATE TRIALS, 35 Cm A|tLB8 II. i 6^S.^Iniri>dueii<m io the Trttfb (484
.many of the rebels. and' fugilires live (asthey^
tbiok) most safe and at ease amongst the boors ;
ibr they were afraid of staying at Utrecht (as
some of themselves told me^ by reason of uie
spies that thev were informea were sent thither
from England to make enquiry after such of
his majesty's subjects as uvea there. And
Mr. C<»cran and captain Cldand told me as
their friend, that the report amongst our coun-
trymen was that I likewise was sent thither as
a spy ; which although they did not believe,
yet they advised roe to be ffone away privately,
assuring me withal that I was every hour I
• stayed tnere in hazard of losing my life. Upon
this 1 returned to Rotterdam, where my credit
with that party continued about a week, until
I was suspected by my old captain and 3 of the
ministers, viz. Harroway, Forrester and Sin-
clair, who about 7 or 8 weeks ago, carried me
with them to church, andthere proposed(asatest
. of my sincerity to the interest of the good cause
as it was commonly called) that I should take
the covenant and the sacrament with a solemn
protestation that I am still (as I have been in
furmei* times) an enemy to the king and the
'present government: Ail which I refused to
do ; and then they debarred me for ever from
their meetings and company : Nevertheless I
did often thereafter insinuate myself into both,
though without any success ; Air 1 could not
recover their good opinion, but on the contrary
was daily threatened with the severest effects of
iiieir revenge. Robert SMrm.
Whitehall, Feb. 24, 1683-4.
The Information of ZACHARTAH BOURNE,
taken the 5th of December, 1683.
That Mr. Bayly sat up one night, if not two,
with IVIr. Ferguson, and went several times in
the evening, with him to the duke of Mon-
mouth and the chief managers of the conspi-
racy : Ferguson told me, he was the chief man
for the Scots, next the lortl Argyle. The night
he sat up with Ferguson, 1 believe it was aTOUt
the declaration, for the next day he was going to
shew it me, but seme body came up to him, and
hindered him. Mr. Bayly*s great business
to meet the chief conspirators was (as Fei^-
8on told me) to get 10,000/. for the buying of
arms, for the insurrection in Scotland.
(lastares I saw often come to Fei^sou, but
Ibr any discourse he had with him he never
told me of, or with any other but Mr. Bayly, |s
I can at present remember. Zso^ Bourne.
The DEPOSITION of Mr. WILLIAM CAR-
STARES, when he was examined before
the Lords of Secret Comknittee, ffiven in
hy him, and renewed upon 0am, upon
the 22d of December, 1684, in presence
of the Lords of his Majesty's Privy-
Cvjuocil.
Edinburgh-Castle, Sept. 8, 1684.
Mr. Wiliian> Castares being examined upon
•ath, conform to the condescension given in by
him, and on the terms therein mieatioiied, de-
pones, That about November or December,
1682, James Stuart brother to the laird of
Cultiiess, wrote a letter to him from Holland,
importing, that if any considerable sum of
money could be procured from England, thai
sometniog of importance might be done in Scot-
land : The which letter, tlie deponent had an
inclination to inform Shepard in Abb- Church-
lane, mei^iant in London, of ; but before he-
could do it, he wrote to Mr. Stuart above named,
to know from him if he might do it ; and Mr.
Stuart having consented, he communicated tht
sai(l letter to Mr. Shepard, who told the deponent
that he would communicate the contents of it
to some persons in England ; but did at that
time name nobody, as the deponent thinks:
Some time thereafter, Mr. Shepard told Um
deponent, that he had communicated the con-
tents of the letter above-named tb colonel Sid-
ney, and that colonel Danvers was present, and
told the deponent, that colonel Sidney w«s
averse from employing the late earl of Argyle,
or meddling witli him, judging him a man too
much aOc<^ to the ro^'al lamily, and inclined
to the present church-goveiiiment ; yet Mr.
Shepard being put upon it by the deponent,
still urged, that one might be sent to the earl of
Ai^yle, but as Mr. Shepard told him, he was
suspected upon the account of his ui^ng so
much ; yet afterwards he pressed, without the
deponeuCs knowledge, that the deponent being
to go to Holland houever, might have some
commission to the earl of Arsfyle, which he
having informed the deponent of, the deponent
told him, that he himself would not be con-
cerned, but if they would send another he
would introduce him ; but nothing of this was
done: upon which Uie deponent went over^
without commission fi'om any body, to Hol-
land, never meeting with James Stturt above
named : He was introduced to the the earl of
Argyle, with whom he had never before con-
versed ; and did there discourse what had rast
betwixt ^Ir. Shepard and him : and particular-
ly, about remitting of money to the said earl
from England ; of which, the.said Mr. Stuart
had written to the deponent, namely of 30,000^
sterling; and of the rising of 1,000 horse and
. dragoons ; and the securing the castle of Edin-
burgh, as a matter of the greatest importance :
The method of doins this was proposed by the
deponent, to be one nour, or thereby, after tlia
relieving of the guards : But the earl did not
relish this proposition, as dangerous ; and that
the castles would fall of consequence, after the
work abroad was done. James Stuart was of
the deponeut^s opinion, for seizin? the castle ;
because it would secure Edinburgti, the magn-
zines and arms. As to the 1,000 horse and
dragoons, my lord Argyle was of opinion, that
without them nothing was to be done; and
that if that number was raised in England ta
the said earl, he would cx>me into Scotland with
them ; and tliat tliere being so few hocse and
dragoons to meet them, he judged he might got
the country without trouble, having such a
standing body for. their ftibiids to cendezYomt
4%S] STATE TRIALS 35 C&ABtu IL l6%S.-^f0t the RgeHaum Pbi. [€86
to ; and the said earl said he ooutd she# the
deponeDl the conTenient places for laoding^, if
lie understood, and as the deponent remembers,
where the ships ooald attend. The deponent
remembers not the names of the phioes. The
deponent spoke to the lord Stairs, bat cannot
be positive that he named the affair to him, but
found him shy : but the eari of Arg;^le told
him, he thonc^ht Stairs might be gamed to
them : And that the earl of Lowdoun being
a man of good reason and disobliged, would
hare great iuflaence upon the country, and
recommended the ^deponent to major Holms,
with whom the deponent had some acquaint-
ance before, and had brought over a letter from
him to the earl of Argyle; but the depo-*
neat had not then communicated any thing
to the said Hohus. James Stuart laid down a
way of correspondence by cyphers and false
nanea, and sent them over to Holms, and the
deponent, £br their use (which cyphers and
names are now in the hands of his majesty's
effieers, as the deponent supposes,) and did
desire the deponent earnestly to propose the
50,000/. sterhne above named to the party
in England, and did not propose any less ; for
as the earl told the deponent, he had particu-
larly calculated the expence for arms, ammu-
nitioB, 6cc, . But James Stuart said, that if
aome less could be had, the earl would content
himself, if better might not be, but the earl al-
ways said that there was nothing to be done
wimout the body of horse and dragoons above
aientioned ; During the time of me deponent
his ahodein Holland though he had several
fetteia from Shepard, yet there was no sa-
tisfactory account, till some time after the
deponent parted irom the earl of Argyle,
vidwas making for a ship at Rotterdam to
traospofft himself to England. James Stuart
wrote tt> him that there wbs hopes of the
money. The next day afler the deponent
came to England, he met witli sir John
Cochrao, who with commissar Monrp, and
Jerviswood, was at London before he came
over'; and depones. That he knows not the ac-
eoont of their coming, more than for the per-
footiag the transaction about Carolina : and
havmg acqo^nted sir John Cochran with the
earl's demands of the 30,000 pound sterling,
and the 1,000 horse and dragoons, sir John
euried him to the lord Russel, to whom the
deponent proposed the af&ir, but being an ab-
solute stranger to the deponent, had no return
Irom him at that time ; but afterwards having
net him accidentally at Mr. Shepard's house,
where the ford Russel had come to speak to
Sbepard about the money above-named, as Mr.
ShqNurd told the deponent. The deponent
(w'hea they were done speaking) desired to
mak to the lord Russel, which the lord Russel
Old, and having reiterated the former proposi ion
for the 30,000 pound sterling, and the 1000
hofse and dragoons, be the lord Russel told
the deponent, they could not get so much
raised at the time, but if they had 10,000
pwnd to h^D» ^&t Would dravv people in, and
when they were once in, they would soon be
brought to more ; but as for the 1,000 horse
and dragoons, he cauld sav nothing at the
present, for that behoved to he concerted upon
the borders. The deponent made the same
proposal to Mr. Ferguson, who was much«on-
cemed in the affair, and zealous for the pro-
moting of it. This Mr. Ferguson had in 43c -
tober or November before, as the deponent re-
members in a conversation wi^ the deponent
in Cheapside, or the street somewhere there-
about, said, that for the saving of innocent
Mood, it would be necessary to cut off a few,
insinuating the king and duke, but cannot be
positive whether he named them or not; tp
which the deponent said, that's work for our
wild people in Scotland, my conscience does
not serve me for such things ; after whiclTthe
deponent had never any particular discoursa
with FmuBon as to that matter; but as to tho
other afliir, Ferguson told the deponent that
he was doing what he could to get it efiec*
tuate; as particularly that he spoke to one
major Wilaman who is not of the deponent hit
acquaintance. Fer^ison blamed always Sid-
ney, as driving designs of his own. The de-
ponent met twice or thrice with the lord Melvil^
sir John Cochran, Jerviswood, commissar
Monro, the two Cessnocks, Montgomery of
Langshaw, and one Mr. Veatch, where they
discoursed of money to be sent to Argile, in
order to the carrying on tlie affair ; and mougji
he cannot be positive the affSedr was named, y^
it was understood by himself, as he conceivea
b^ all present, to be for rising in arms, for «eo-^
tifying tlie governmeut. Commissar Monro^
lord Melvil, and the two Cessnocks were
against meddlmg vrith the English, because
they judged tfien) men that would talk, and
would not do, but were more inclined to do
something by themselves, if it could be done.
The lord Melvil thought ev^ery thing hasardous,
and^ therefore the deponent cannot say he was
positive in any thing, but was most inclined to
have the duke of Monmouth to head them in
Scotland, of which no particular method was
laid down. Jerviswood, the deponent, «nd Mx;
Veatch, were for t^ing the money ; at one of
these meetings it Was resolved, that Mr. Mar-
tin, late clerk of the justice court, should be
sent to Scotland to desire their friends ^7 hinder
the country from rising or taking a rash reso-*
lutions upon the account of the council, tiB
they should see how matters went in. Eng-
land. The said Martin did go at the charges
of the gentlemen of the meeting, and was di-
rected to the laird of Polwart and Torwoodhci
who sent back word, that it would not be found
so easy a matter to get the gentry of Scotland to
concur: but afterwards in a letter to commissar
Monro, Palwart wrote that the country waa
readier to concur than they had imagined, or
something to that purpose. The deponent, as
abovesaid, having brought over a key from Hol«
land, to serve himself and major Holms, he re*
members not that ever he had an exact copy of
it, but that sometimes the one, and sometimaa
4871 STATE TBIALSi, SS.ClUftLM IL iMS^AirtMbcaNi io the JHdi (4M
tke other kecped it, so itcbaaeed to be in his eos^
tody when a letter from the eari of Argile came
io msuor Holms, iatiroaliiiff, that the would joia
with me doke of Monmouw, and follow his mea-
mires, or obey his direottons : this Mr. Vcatch
thought fit to communicate to the duke of
Moomouth, and for the understanding of it
was brought to the deponent, and he gave the
key to Mr. Veatch, wno as the deponent was
inUMrmed was to give it and the letter to Mr.
Fefgusoo, and 6e to shew it to the duke of
Monmouth ; but what was done in it the depo-
nent knows not. Hie deponent heard the de-
il(^ of killing the king and duke, from Mr.
8bepard, who told the deponent some were
full upon it. The deponent heard that Aaron
8mith was senttiy those in England to caU sir
John Cochran, on the account of Carolina, but
that he does not know Aaron Smith, ndr any
more of that matter, not being concerned in it.
fihefmrd named young Hambden frequently as
concerned in these matters.
Signed at Edinburgh Castle, the 8th of Sep-
tember, 1684, and renowed the 18th of tlie
same month.
William Carstares.
Perth. Cancell. I. P. D,
Ediksurgu Castle, Sept, 18, 1634.
Mr. William Carstares bemg a^in exa-
mined, adheres to his former deposition, in all
the parts of it, and depones he knows of no
correspondence betwixt Scotland and England,
except by Martin before-named : for those
ipentlemen to whom he was sent, were left to
ioUotv their own methods. Veatch, as the de-
ponent remembers, stayed sometimes at Ni-
cholson, stabler's house at Londob-Wall ; some-
times with one Widow Hardcastle in More-
fields. The deponent did communicate the
design on foot to doctor Owen, Mr. Griifii, and
Mr. Meed at Stepney, who all concHrrrd in
the promoting of it, and were desirous it should
take effect ; and to one Mr. Freth in the Temple,
counsellor at law, who said he would see what
be could do in reference to the money, but
there having gone a report, that there was no
money to be raised, he did nothing in it, nor
does the de^ionent think him any more con-
cerned ih the aifair. Nelthrop frecjuently spoke
to the deponent of the money to be sent to Ar-
gile, whether it was got or not, but the depo-
nent used no freedom with him in the affair.
Goodenough did insinuate once, that the lords
were not inclined to the thing, and that before
they would see what they could do in the city.
The deponent saw Mr. Ferflruson, and Mr.
Rumsay, lurking afler the plot broke out, be-
fore the proclamation, having gone to Fer-
guson, in the beak of Binhopgate-street, at
some new building, whether be was directed by
Jcrriswood, who was desirous to know how
things went, Rumsay was not of the deponent
his acquaintance before, but they knew as little
Ctf the matter as the deponent. This is what
the depoMut remembers, aDd if any thing come
to faia acmory, he if to deliver it in betvrfxt,
and thtf first or October : md Ibis is llie tmth^
as he ahall answer to God.
Wnxuv CAnsTAftCfl.
PSBTH. Caneell. 1. P. D.
At Edinburgh, the SSd of December, 1064.
These foregomg pages, subscribed by Mr.
William Carstares deponent, and by the lord
chancellor, were acknowledged on oath by
the said Mr. William Carstares, to be his irvm
depositions, and that die subscriptions were hii^
in presence of us underscribers.
WU.LIAM CaBSTjIRBS.
Perth, Canc.
Darid Falconer. UuENsasuty.
George Mckenzie. Athol.
Copy of the Lord RUSSEL'S EXAMINA^
TION in the Tower.
My Lord Ruasel asked.
Whether he knows of any consultation*
tending towards an insurrection, or io sarprixe
bis majesty's guards at any time, aiid by any
persons, and by whom P
Whether he hath ever been at Mr. Shepard'f
bouse, and how often, and when last?
Whether any lords were in company, and
who?
Whether at any time the dukeof Monnumth,
brd Grey, sir Thomas ArmstroDg, colonel
Romzey, Mr. Ferguson, or any of uem wcra
there, and bow many, and whbh of them ?
Whether there was any discourae concern*
ing a rising in the West, or any parts of the
West, or at Taunton, and what the disooursa
was, and by wboip ?
Whether tliere was any discourse eonoem*
ing the surprizing tlie King's Guards at any
time ?
Whether the duk^ of Monmouthi the lord
tjrey, and sir Thomas Armstrong did under*
take to view tlie Guards to see if it might be
done, and io what posture they were ?
Whether tbey gave any account that they
had viewed the Guards, find Ih»w tbey finuid
them ?
What did Mr. Ferguson sav at any of tboea
meetings, and by whoo^ was ne directed ?
W hether he knows pf any design for a rising .
in Scotland? Whether he v bath been at any
consultations for that end, with any Mraons,
Scotchmen or others, and witti whom P What
monies the Scotch demanded at ^rat, and
tvhether they did pot consent to take 10,00(U.
and bow was that or any pact ^ that to bn
faised, and by^whom P
My Lord RU8S£L>S ANSWER ta tii^ pr^
ceding Interrgigatoiiea :
My lord knows of no consnltaticm lending I9
any insurrection.
His lordship knows nothing of any conank^
ation or design to surjnrize bis m^eaty's
Guards at any time.
8
M9] STATE TU AL$p 35 CttAftfiVS 11. l Sa3.-:/br Kt 1^^ Hme Phi. [49t
left BO p«|Mn in Ims boa«e and used 0 «if iit
would never he haBgped forpopera.
8hepord sayt, B«vl^ told him Charlton hai
undertaken to miie the whole 10,000/.
Romzeysayti, The lord Busiel was ahoul
going away from S^hepard's when be arriTett
mere, and that his lordship said Trenchard waa
a ooward, and that he would go down himself
and begin the rising.
Charlton oonfesws, He had paid Gates 80/.
per quarter lor his subsisienoe, of which he had
hut 10/. of my lord Salisbury, and was him-
self the rest out of purse, but that ho waslefal
a parliament would rehnburse him.
ohephard says, That Ferguson and Bayl]p ^
told him that Charlton would procure the ^
10,000/. himself, and raise it upon a mortgage.
Charlton further says. He paid Oates about
400/. in all.
lip doHh acknowMffe to bave heoi
fieqnentiy [Awen times] at Mr. Shepai|d'i
house.
His kirdship oannot precisely set down] the
time that he was there last
To the two articles relating to the Lords
that were in company at Mr. Shepard's, his
lordshy) answers that he went thither with the
duke of Monmouth ; but as to the rest of the
persons then present, his lordship conoeiTes
thai he ought not to answer, becauae there
were ill constmcdons made of thai meeting,
nor cannot positrrely remember.
His lordship answers,
There was no discoorae as he remembers
ooBceming any rising in the west, or any parts
of the west, or at Taunton, nor particularly ofMr.
John Treochard's undertaking,nor any discourse
■bout Mr. John Trenchard as he remembers. .
His lordship answers there was no discourse
at Mr Shepard's about surprizing the Guards,
■or of the duke of Monmouth^s, my lord
Orey*s, nor of sir Thomas Armstrong's under-
taking' to view the Guards; nor was them
fay account there giTca by the said persons of
tfatfir hanng riewed the Guards, nor bow they
Ibcmd thens.
Nor was there any iuch undertaking else-
where to his knowloj^.
To the ouestion wluit Mr. Ferguson did say
alany of tnose meetings, bis lordship answers
that ne cannot tell what Mr. Ferguson did say
there, nor doth be own that Mr. Ferguson was
there.
His kMtlship knows of no design for a nstng
m Scothmd, nor knows any thing of the whole
article relating to Scothmd, nor any part of it
Hb lordship batii heard general discourses
•f many distressed people, ministers and others
of the Scottish nation that were fled and that
it were great charity to relieve them.
This examination was taken the 28th day
of June, 1683, before us.
L. Jbnkins, J. Ernls,
It. Sawyer, H. Fwch.
Notes of some thing* confessed before his
Majesty and the Council, taken out of the
Books of Minutes.
r
John Rouse confessed that money was ool-
kded in the city at the intimation or desire of
some parliament men, for the Idng^ evidence,
that recdving that money for that purpose
from some of them he sent it to those persons
for whom it was designed.
Boam confesses. That sir Thomas Arm-
strong used to come every day to Ferguson
when he lay at hi^ house, that he has seen him
since the discorerv when Armstrong-urged him
to cet some ft4endfs together to make a push
and that it was better to die with swords in
their hands.
Waleof confesses, Tha( Aaron Smith was
Mtttt into Scotland by those gentlemen that
tmnsacted the matter.
Bourn says, That Ferguson lodged at his
Mmt's bMwen mwithor aixvreeki, that ha
The INFORMATION of JOHN ROUSE,
taken at his desire, in Newgate the 19tti
of July, 1683.
The informant saith, That the design of the
rebellion and seizing the. king was begun by
the earl of Shaftsbur^ at his house in Aldmgate*
street, before the meetinkr of the parliament at
Oxford, where the dnke of Monmouth, sir
Thomas Armstrong, lord Russel, lord Grey^
m^ior Manly a Iwewer at Whitechapel, and
others whom he saw there* and as he was told
likewise by his servants, frequently met there ;
the foundation of all the scurrilous libels was
laid, particularly that of the Raree-shew.
That all those clubs at Mile-end green, the
Sun behind the Exchange, at RussdPs in Iron«*
Monger-lane, and at the Salutation in Lombard*
street were to carry on that de^gn, he cannot re**
collect all names, but declares mat he l^nows all
those of noto that were at those clubs wem
thoroughly aoc[uainted with the design. Thesn
dubs were divided into three factions, by
reason of which division tlie informant saitn
the design went on so slow as it did, and 4it
last it fiul between the duke of Monmouth, and
a commonwealth; and the greater number
carried it for the duke of Monmouth, because
it was found upon his going into the West, Chi-^
Chester and Cheshire, the vogue of the people
went for him. Those that were for a common-
wealth were absolutely resolved to have nothing
to do with the race of the Stuarts ; but they
pitched upon Richard Cromwell, whom this
mformant Knows to be in England. The longest
day that was appointed for execution of this
was at Midsummer-day last, when the people
should be at Guild-hall choosing sherifTs.
Five hundred horse were promised to be
sent in from the country, who were to beize
the Guards.
The pretence of the conspirators was to
secure his majesty irom being killed by the
papists, that if he would not comply with his
parliament at Oxford, then to set up the duke
of ftlonmotttb. That this was long designed
likewise before the meeting at Oxford.
4911 STATE TRIALS, 35 Charlks II. 1683^/iieroAicftMi U ike
[49t
The informabt saith, That it was i«8olTed
by the coDspirators, that when they should
have accomplished their design, and- that the
Tower and city of London was seized, then
tbe^ were to go to Whitehall and demand
their privil^es, and freedoms, with their
swords in their hands.
He hath been jiresent at many of these
cluhs where these designs -have been consulted'
of, and all the persons of any note, Commons
as well as Lords were consenting to the con<
S]jiracy ; he saith he can prove it by many
witnesses.
He saith my lord Shaftsbury and Oates
were the principal movers in all this business.
The story of this Plot, or rather perhaps of
these Plots (for the alleged desi^ of assassi-
nation seems to be suffioently distinguishable
from that of insurrection) like that of the Po-
•ish Plot (see vol. 6, p. 1401, of this Collec-
uon) has not escaped the imputation of fabrica-
^on. Burnet's account of tnese Plots is pretty
circumstantial as follows :
<< Thus affairs were ffoing on all the year
eighty-two, and to the beginning of eighty-
three. The earl of Shaftsbory bad been for
making use of the heat the dtj was in during
die contest about the sherifis, and thought diey
Slight have created a great distnrbamse, and
mAe themselves masters of the Tower : and
he believed, the first appearance of the least
disorder would have prevailed on the king to
jrield every thing. The duke of Monmouth,
who understood what a rabble was and what
troops were, looked on this as a mad ez-
MNUDg of themselves and of their friends. The
iQfds Essex and Russel were of the same
mind. So lord Shafisbury, seeing they could
not be engaged into action. Hew out against
^em. He said, the duke of Monmouth was
sent into the paily by the king for this end, to
keep all things quiet till the court had gained
its point : He said, lord Essex had also made
his hargain, and was to go to Ireland ; and tbat
among them lord Russel was deceived. With
this he endeavoured to blast them in the city :
they studied to prevent the ill effects that ^ose
jealousies which he was infusing into the citi-
zens might have among them. So the duke
•f Monmouth gave an appointment to lord
Shafbbury or some of his inends to meet him,
and some others that he should bring along
with him, at Shepherd's, a wine merchant in
whom they had an entire confidence. The
night before this appointment lord Russel came
to town on account of his uncle's illness. The
duke of Monmquth went to him, and told him
of the appointment, and desired he would go
thither with him: He consented, the rather
because he intended to taste some of that mer-
chant's wine. At night they went with lord
Grey and sir Thomas Armstrong. When thev
came, they found none there but Rumaey and
FerguMni} two of lord Sbaftabury's toou tbat
he employed : upon which, thcr^ seeing no
better company resolved immemately to go
back. But lord Russel called for a taste of
the wines: and while they were bringing it
him up, Rumsey and Armstrong fell into a
discourse of surprising the Guards. Jlumaey
fancied it might h^ve been easily done : Arm-
strong, that had commanded them, diewed
him nis mistakes. This was no consiiltatioii
about what was to be done, but only aboui
what might have been done. Lord Russel
spoke nothing upon /the subject : but as soon
as he had tasted his wines they went away. It
may seem, that this is too light a passage to b<
told so oopiously: but much depends on it.
Lord Sbansbury had one meeting with tho
earls of Essex and- Salisbury bdfore he went
out of England. Fear, anger, and disappoint-
ment, had wrought so much on him, that lord
Essex told me he was much broken in his
thoughts : his notions were wild and imprac*
ticable : and he was glad that he was gone
out of England : but said, that he had done
them aheady a great deal of mischief, and
would have done more if he had stakl. As
soon as he was gone, the lords and all tha
chief men of the partv saw their danger from
forward sheriffs, willing juries, mercenary
judges, and bold witnesses. So ittey resolved
to go home, and be silent, to speak and to med-
dle as little as might be in public business, and
to let the present iU-temper the nation was
fiillen into wear out: for they did not doubt
but the court, especially as it was now managed
by the duke, would soon bring the nation again
into its wits by their ill ^conduct and proceed-
ings. All that was to be done was, to keep
up as much as they could a good spirit with
relation to elections of parliament, if one should
be called.
Monmouth and some others meet often together,
*' The duke of Monmouth resolved to be ad«
vised chiefly by lord Essex. He would not h%
alone in that, but named lord Russel, against
whom no objection could lie : and next to him
he named Algemoon Sidney, brother to the
earl of Leicester, a man of most extraordinary
courage, a steady man, even to obstinacy, sin-
cere, but of a rough and boisterous temper
that could not bear contradiction. He seemed
to be a Christian, but in a particular form a€
bis own : he thought, it was to be like a divine
philosophy in the mind : but he was against
all public worship, and e^ery thing that looked
like a church. He was stilf to ail republican
principles ; and such an ^emy to every thins
that looked like monarchy, that he set himself
in a high opposition against Cromwell when
he was made Protector. He had studied the
history of government in all its branches be-
yond any roan I ever knew. He was ambas*
sador in Denmark at the time of the Restora-
tiott, but did not come back till the yeaa
seventy-eight, when the parliament was prea»-
ing the kii% into a war. Thecourt of France
obtained lesye for him to icfciuai. He did lOI
493] STATE TRIALS^ 35 CHAttBS 11. l6SZ.^or the Rye^Baitae PM. [494
and by the confidenoe be knew they had all ia
him, made him turn his thoughts much io-
wards that kingdom as the properest scene of
action. He mid met often with lord Argil*
while he was in London, and had many con-
ferences with him of the state of that kingdom,
and of what might he done there: and he
thought the business of Carolina was a very
proper blind to bring up some of the Scotch
gentlemen under the appearance of treating
about that. They upon this agreed to send
one Aaron Smith to Scotland, to desire that
some men of absolute confidence might be sent
up for that end. So when the Proclamatioa
that was formerly mentioned was published, it
spread such an nnifersal apprehension through
all the suspected counties, that they looked on
themselves as marked out to destruction : and
it is very natural for the people under such im-
pressions to set themselves to lode out for re-
medies as soon as they can.
^< In the beginning of April some of them
came up. The person that was most entirely
trusted, and to wnom the journey proved tataf^
was Baillie, of whose unjust treatment upon
Carstairs's information an account Was fer-
ra^r^y gi^en- He was my cousin german:
so I knew him well. He was in ^e Presby«
terian principles, but was a man of great piety
and virtue, learned in the law, in mathematics,
and in knguages: I went to him, as soon as I
heard he was come, in ereat simplicity of
heart, thinking of nothing but of Carolina. I
was only airaid they might go too much into
the company of the Bnglish, and ^ve true re-
pretentations of the state of affairs m Scotland:,
this might be reported about by men that would
name niem: and that might bring them' into
trouble. But a few weeks afler I found they
came not to me as they were wont to do : and
I heard they were often with lord Russel. I
was apprehensive of this: and lord Essex be-
ing in the country, I went to him, to warn him
of the danger I feared lord Russel might be
brought into by this conversation witli my
countrymen. He diverted me from all mv an-
lie could to divert neople from that war : so
,tbat some took him ror a pensioner of Pranee :
but to those to whom he durst speak freely he
said, be knew it was all a juggle ; that our
csourt was in an entire confidence with France,
and had no other design in this shew of a war
but to raise an army, and keep it beyond sea
till it was trained and modelled. Sidney had a
particular way of insinuating himself into peo-
ple that wouliol hearken to his notions, and not
contradict him. He tried me : but I was not
80 subnussive a hearer : so we lived aHerwards
at a great distance. He wrought himself into
lord Essex's confidence to such a d^^'ee, that
he became the master of his spirit, lie had a
great kindness for lord Howard, as was Ibr-
meriy told : for that lord hated both the king
.and monarchy as much as he himself did. .He
]»revailed on lord Essex to take lord Howard
mto their secrets, though lord Essex had ex-
pressed such an Ul opinion of him a little before
to noe, as to say he wondered how any man
irmild trust himself alone with him. Lord
Russd, though his cousin german, had the
same ill opinion of him. Yet Sidney overcame
both their aversions. Lord Howard had made
* the diike of Monmouth enter into confidence
with Sidney, who used to speak very slightly
of him, and to say, it was all one to him whe-
ther James duke of York or James duke of
Monmouth was to suopeed. Yet lord Howard
pefhaps put a notion into him, which he offered
joAcd to me, that a prince who knew there was
a£aw in his title would always govern weU,
ttid consider himself as at the mercy of the
right heir if be, was not in all things in the in-
terests and hearts of his people, which was
fliien neglected by princes that relied on an
undoubted title. Lord Howard by a trick put
both on the duke of Monmouth, and Sidney,
brou^^ them to be acquainted. He told Sid-
ney that the duke of Monmouth was resolved
to come some day alone and dine with him :
and he made the duke of Monmouth believe
that Sidney desired this, that so he might not
seem to come and -court the duke of Mon-
mouth : and said that some regard was to be
bad to his temper and age. Hampden was also
taken into their secret : he was the grandson
4if him thathad^leaded the cause of England in
the point of the ship-money with king Charles
the First. , His father was a very eminent man,
and had been zealous in the exclusion : he was
.a young roan of great parts ; one of the learn-
edest gentlemen J have ever known ; for he
was a critic both in Latin, Greek, and Hebrew :
ha was a man of, great heat and vivacity, but
too unequal in his temper : he had once great
principles of religion : but he was much cor-
rupted by P. Simon's conversation at Paris.
Tkofjtreat with some of the Scottish Nation,
'< With these men the duke of Monmouth
met often. His interest in Scotland, both by
the dependance that his wife's great estate
brought him, but chiefly by the knowled^^e he
had of their affairs while he waa among ttiem,
countrymen, ne oivenea me irom ail my ap
prehensions ; and told me, I mi^ht depend on
It, lord Russel would be in nothing without
acquainting him : and he seemed to agree en-
tirely with me, that a rising in the state in
which things were then would be &tal. I si-
ways said, that when the root of the constitu-
tion was struck at to be overturned, then I
thought subjects' might defend themselves: but
I thought jealousies and fears, and particular
acts of injustice, could not warrant this. He
did a^ee with me in this : he thoujg^ht, the ob-
ligation between prince and subject was sq
equally mutual, that upon a breach on the one
side the other was free : but tbong^h he thought
the late injustice in London, and the end ^at
was driven at by it, did set them at liberty to
look to themselves, yet be confessed things
were not ripe enough yet, and that ah ill laid '
and an ill managd rising would be our ruin.
I was then newly come from writing my His-
tory of the Reformation ; and did so evideBtli
495] STATE TRIALS, 35 Chables II. l6ns.^tntrediic(im to ths TriiJs [496
which he e^ a place: and he bad supplied him-
self to loru ShaRsbury aa his patron. He waa
much trusted by him, and sent (rf\en abont oH
messages. Onoe or twice ho came to k>rd Rns*
sel, but it was upon indificrent things. Lord
Russel said to me, that at that very time he
felt such a secret aversioD to him, that be woa
in no danger of trusting him much. He was
one of the boM talkers, and kept chiefly among^
lord l^haAsbory's creatures. He was upon al
the secret of bis going beyond sea ; which
seemed to shew, that he was not then a spy of
the court's, which some suspected be was aft
along. Perguaon was a hot and a bold man^
whose spirit was naturally turned to pktdng :
he was always unquiet, and setting people on t*
some misd^ief : 1 knew a prifate thing ofhifB,
by which it appeared he was a profligate knare
and could cheat those that trusted him entirely :
i^tbough he, bekig a ScdAish man, to«^ all the
wa^jrv he could to 'be admitfad into some ae*-
qnaintanee with me, I woold never see him, or
speak with him : and I did not knew his face
till the ravohrilMl : he was caat out by the
Presbyterians ; and then went among the In-
dependents, where his boldness raised him to
some figure, though he was at botfom a very
empty man : he had die management of m
secret press, and of a parse that mainfained it i
and he ^re about most of the pamphlets writ
of that side : and with some he past for tfata
author of them ; and siicfa was his "vanity, be*
catfse this made him more considerable, thai he
was not ill pleased to have that believed ; tboaglk
it only expored him so much the more. Wttb
these Goodenougb, who had been under-sheriffii
of London in Bethel's year, and one Ho^way
of Bristol met ofiten, and bad a great deal oC
rambling discourse, to sitew how easy a thing it
was of the sudden to raise 4,000 men in the
city. Ooodenottgh by reason ^ of his office
knew the city well, and pretended -he knew
many men ofso much credit in every oonisr
of it, and on whom they might depend, as conM
raise that number, which he reckoned would
({uickly g^wmuch stro<iger : and it isrprobe-
ble, this was the scheme with which tord ohafta-
bury was so possessed, that he thought it
might be depended on. They had many die-
coui*sea of the heads of a declaration proper Ihr
such a rising, and disputedof these with mneii
subtilty as they thought : and they intended
to sena Hollo way to Bristol, to try what could
be done there at the same time. But all this
was only talk, and went no further than to a.
few of their onn confidents. Rumsey, Fei^-
giison, and West were of^n talking of die
danger of executing this, and thoit the sdiorler
and surer way was to kiH the two brothers.
One Kmnbolfl, who had served in Cromwell^
army, came twice among them ; and while
they were in that wicked discourse, which they
expressed by tbe term lopping. He upon that
told Ihem, he had a fiirm near Hpdsden in the
way to New-Market : and there was a moat
cast round his house, tilrough which the kine
somctifliiespastin his way thither. Heaaid»
iee, that tlie struggle for lady Jane Grey, and
Wyat's rising, was that which tbrew the na-
tion so quick y into popery afYer king Edward's
days, (for such as had rendered themselves
obnoxious in those matters saw no other way
to secure themselves, and found their turning
was a sure one), tbat I was now yer\ appre-
hensive of Ihis ; besides that I thougnt it was
yet unlawful. What past between the Scots
ted the English lords I know not ; only that
lord Ai^yle, who was then in Holland, asked
at first 20,000/. for buying a stock of arms
and ammunition, which he afterwards brought
down to 8,000/. and 1,000 horse to be sent into
Scotland: upon which he undertook the 'con-
duct of tbat matter. I know no further than
Sineral hints of their matters: for though
ampden offered frequently to ^ive me a parti-
cular account of it all, knowing that I was
writing the history of that time, yet I told him,
that tiu by an indemnity that whole matter was
buried I would know none of those secrets,
which I might be obliged to reveal, or to lie
and deny my knowledge of them : so to avoid
that I put it off at that time. And when I re-
fumed to England at tbe Revolution, we ap-
pointed often to meet, in order to a full rela-
tion of it alt. But by several accidents it went
off, as a thing is apt to do which one can re-
cover at any time. And so his unhappy end
came on before 1 had it fi-om him. I know
tliis, that no money was raised. But ihe thing
had got some vent; for my own brother, a
i»ealons Presbyterian, who was come from-
Scotland, it not being safe for him to live any
longer in that kingdom knowing that he had
conversed with many that had been in the rcbel-
fion, told me, there was certainly somewhat in
agitation among them, about which some of
their teachers had let out somewhat very
freely to himself: how far that matter went,
and now the scheme was laid, I cannot tell ;
ted so must leave it in the dxik. Their con-
tract for tbe project of Carolina seemed to go
on apace : they had sent some thither the former
year, who were now come back, and brought
them a particular account of every thing : they
likewise, to cover their negociations with lord
Argyle, sent some over to him ; but with the
blind of instructions for buying ships in Hol-
Ited, and other things necessary for their
transportation.
Other Cotupiratort meet at the tamt time on de-
tignsofauassin^ing the King,
*' While this matter was thus in a close ma-
nagement among them, there was another
company oflord Shaftsbury's ci*eatures that met
m the IVmple in the chambers of one West, a
witty and active man, full of talk, and believed
to be a determined atheist. Rumsey and Fer-
flpison came constantly thither. The former of
•mesewas an officer in Cromwell's army, who
went into Portugal witK the forces that served
there under Schomberg. He did a brave action
in that service : and Schomberg writ a parti -
Cttlair letter to the king setting it out: upon
497] STATE TRIALS, 35 CtfAHtBS II. Ifi83.— /m- the Ry$*H(mtt PM. [^S
once tlie ooacb wenttbrough quite alone, with-
out anjjr of the guards about it ; and that, if he
had laid any thug cross the way to haye stopt
lhe<HMichbut a tninute, he couM hare shot
them both, and hare rode away through grounds
that he knew so well that it should not have %ren
posaiUe to haTe followed him. Upon which
they ran into much wicked talk about the way
cf executing that. But nothing was ever fixed
on : ail was but talk. Atone time lord Howard
witf among them : and talked over their several
Mieivies 0? lopping. One of them was to be
executed in u%t play house. Lord Howard
said, he liked that best, for then tibey would die
in their calling. This was so like his way of
taflc, that it was ea8il3r believed, though he al-
ways denied it. Waloot, an Irithvgentleman
that had been of Cromwell's army, was now in
Lapdon, and got into that company : and he
was made believe, that the thing was so well laid
that many both in city and country were en-
gaged in it^ He lik^theproject of a rising but
declared he would not meddle in their lopping.
So this wicked knot of men continued their ca-
ballings from the time that the earl of Shaflsbury
went away : and these werethe subjects of their
. dbscoiirses. The king went constantly to New-
Market for about a month both in April and
October- In April while he was there a fire
broke out, and burnt a part of the town : upon
, which the king came back a week sooner than
he intended.
A Plot is dUccnered.
** While all these things were thus going on,
there was one Keeling, an Anabaptist in London,
who was sinking in his business, and began to
think that of a witness would be the better
trade. Goodenou^h had employed him oflen
to try ^eir strength in the city, and to count on
whom they could depend for a sddden rising :
he had also talkedto tiim of the design of kiil-
ing the two brothers : so he went and disco-
Texed all he could to Leg, at that time made
lord Dartmouth. Leg made no great account
of it, but sent him to Jenkins. Jenkins took
hb depositions, but told him he could not pro-
ceed in it without more witnesses : so he went
to his brother, who was a man of heat in bis
way, but of probity, who did not incline to ill
designs, and less to discover them. Keeling
earned his brother to Goodenougfa,' and assui*^
him he might be depended on. So Goodenough
tan oat into a rambling discourse of what they
both could and would do : and he also spoke
of killing the king and the duke, which
wonldnu£e their work easy i When they left
him the diftcoverernressed his brother to go
' BbngwHh him to Westminster, ^bere he pre-
Jtendcd business, but stopt at White- Hall. The
odier was uneasy,' longing to get out of his
compai&y , to go to some firiends lor aavice, upon
waat had happened. But he drew him 6n :
anB at last, ne not knowing Whither he was
going, fae drew him .faito Jemdns's office ; and
uiere told the secretary he harl brought another
witness, who bad hem the substance of ihe
you IX.
igot from Goodenough's own mouth just then.
His brotbo* was deeply struck with this cheat
and surprise, but could not avoid the making
oath to Jenkins of ail he had heard. The se-
cretary', whose phlegmatic head was not
turned fpr such a work, let them both go, shid
sent out no warrants, till he'' had communicated
the matter to the rest of the ministry, the king '
bong th^n «t Windsor. So Keelhig, who had
been thus drawn into the snare by bis brother,
sent advertisements to Goodenough,' and all the
other persons whom he hadnam^, to go out of '
the way.
A forged ttory laid hy 'Runaey and Wett
. '^ Rumsey and West were at this time perpe-
tualW together : and apprehending that they'
had misted themselves to too many persons,
who might discover them, they laid a story, in
which they resolved to agree it so weU together,
that they should' not contradict one another.
They framed their story thus, that they had
laid the design of their nsing to be executed oit
the 17th November, theday of queen Elizabeth's
coming to the crown, on which thedtizens
used to run together, and carry about popes in .
procession, and bum them : so that day seemed
proper to cover their running together, till they
met in a body. Oth^ they said, thought it
best to do nothing on Uiat day, the rout being
usually at night, but to lay their rising ibr th«
next Sunday at the hour of people*s beingai
church. Tnis was laid to shew how near the
matter was to the being executed. But the part
oftheir story that w^ the best laid, (fortius .
looked ridiculous, since they could not name
any one pei-son of any condition that -was to
head this rising,) was, that they pretended that
Rumbold had offered them his house in the
ueathforexecuting the design. It was called
Rye : and from thence this was called the Rye-
plpt, he asked forty men, well armed and
mounted, whom Rumsey and Walcot were tc^
command in two parties : the one was to engage
the Guards, if they should be near the coach :
and the other was to stop the*^ coach, and to
murder the king and the auke. Rumsey took
the wicked part on himself, saying thatWal<^
had made a scruple of killing the king, but none
of engaging the Guards : so Rumsey was to
do the execution. And they said, tiiey were
divided in their minds what to do next : some
were for defending the moat tillni^ht, and then
to have gone off: others were fbr nding through
S-oundsin a shorter way towards the Thames,
f thes^ forty they could name but eight. But
it was pretended that Walcot, Goodenough, and
Rumbold had undertaken to find both the rest
of the men, and the horses : for, though upbn
such an occasion men would' have taken careto ^
have had sure and well tried horses, this sfeo
was said to be trusted to others. As for arms,
We$t had bought some, as on a commission'for
a Plantation : and these were said to be soma
of the arms with which they were to be fur«"
nished ; though when they were seen they
seemed Very improper for sudl a service. I
499] STATE TRULSt 35 Charles n.i6SS.-^IniroiueiUH to the Triab [500
•aw an Wjest's narrative, which was pat in lord
BocbesterV bands : and a friend of mine bor-
rowed it of bim, and lent it me. Tb^ were
so wise ateourt that tbey would not suner it to
> be printed ; for then it woaid have appeai'ed
too gross to be believed.
** But the part of it all that seemed the most
amazinff was, that it was to have been executed
00 the day in which the king had intended to
return from New-market , but the happy fire,
that sent him away a week sooner had quite de-
feated the whole plot, while it was within a
week of its execution, and neither horses, i^,
nor arms yet provided. This seemed to be so
eminent a providence, that the whole nation
was struck with it : and both preachers and
ports had a noble subject to enlarfi^e on. and to
shew how puch the kine and the duke were
under the watchful cane ot providence.
*' Within three days after Reeling's discovery
the plot broke out, and became the whole dis-
course of the town. Many examinations were
taken, and several persons wei-eclapt upiipou''
ii. Amon^ these W ildman was one, wno bad
been an a^^itator in Cromwell's army, and bad
^opposed his protectorship. AfUr the restora-
tion he being kicked on as a his;^ republican
was kept lon^ in prison ; where be had studied
law and phytic so much, that he past as a man
very knowmg in those matters. He had a if ay
•f creating ioothers a great opinion of his fa-
gu;itj^, and had great credit with the duke of
udangham, and was now very: active under
Sidney's coniduct. He was aevieU on, and his
house was searched : in his cellars there hap-
pened to be two small field-pieces that belonged
to the duke of Buckingham, and that lay in
York-house when that was sold and was to be
pulled down : Wildman carried those two.
piec€», which were finely wrought, but of little
use, into his .cellars, where they were laid on
ordinary wooden. carriages, and no way fitted
for any service : yet these were carried to
White- hall, and exposed to view, as an unde-
niable proof of a repeOion designed, since here
was their cannon.
*| Several persons came to me from court, as-
suring me that there was full proof made of a
plot. Lord Howard coming soon after them
to^ee me talked of the whole matter in his spite-
ful way with so much scorn, that I really
thou^htlie knew of nothiBg,and by consequence
1 believed there was no truth in ail these disco-
veries. He said, the court knew they were sure
of juries, and they would furnish themselves
nmckly with witnesses : and he spoke of the
duke^asof onethat would be worse, not only
than queen Mary, but than Nero : and with
S'esand hands hfted to heaven he vowed to me
at be knew of no plot, and that he believed
nothing of it..
*< Two^ays after, a proclamation came out
for seizing on some who could not be found :
and among these Rumsey and West were
- named. The next day West delivered himself,
and Rumsey came in a day after biro. These
two brought out their stoiy> whicb> how incre-
dible soever it was, past so for certain, that any ^
man that seemed to doubt it was concluded to
be in it That of defending themselves withia
mud walls and a moat looked like the inven-
tion of a lawyer, who could not lay a miUtary
contrivance with any sort of probability. Nor
did it appear where the forty norse were to be
lodged, and how they were to be brought togpe-
'ther. Ail these were thought objections that
-could be made by none but those Hvho eithor
were of it, or wished well to it. These new
witnesses had also heard of the conferences that
the dqiiB of Monmouth and the .other lords had V
with those who were from Scotland, but knew
nothing of it themselves. Ru msey did likewise
remeniberthe discourse at Shepherd's.
Rustel and some others were put in priwn
upon it.
i* When the council found the duke of Mon-
mouth and lord Russel were named, they writ
to the king to come to Lonoon : tliey would
not venture to go further without his presence
and leave. A messenger of the council was
sent the morning before the king came to wait
at lord Russel's gate«to have stopt him if he bad
offered to go out. luis was observed ; for he
walked many hours there : and it was looked
on as done on purpose to frighten him sway i
for his back gate was not watched : so for se-^
veral houn be might have gone awav if he had
intended it He heard that Rumsey bad named '
him : but he knew he had not trusted him, and
he never reflected on the diseourse ft -Shep-
herd's. He sent his wife among his fricnas
for. advice. They were of different minds :
but since he said he apprehended nothing frooci
any thing he had said to Rumsey, they thooght
his going out of the way would give the court
too great an advantage, and would look like a
confessing of guilt. So this agreeing with his
own mind, he stayed at home till the king was
come : and then a messenger was sent to cany
him before the council. He received it very
composedly, and went thither. Rumsey had
also said, that at Shepherd's^ there was some
discourse of Treochard s undertaking to raise a
body out of Taunton, dnd of his failing in it : so
lord Russel was examined upon that, the kipg .
.telling him, that nobody suspected him of any
design against bis person, but that he had gomi
.evidence of his being in designs against bis
goverament. Ix>rd Russel protested, he had
heard nothing v9lating to Treochard : and said
to Ihe last, that either it was a fiction of Rum-
sey's, or it had past betweei^ bim and Arm^-
strong, while he was walking about the room, or
tasting the wines at Shepherd's ; for he had
not heanf a word of it. Upon all this he was
sent a close prisoner to the Tower.
Sidney was brought pext before the council.
But his examination lasted not long. He said,
he must make the best df;fence he could, if they
had any proof against him : but he would not
fortify iJit'ir evidence by any thing he shoakl
say. And indeed ihat was tne wisest course ;
for the answering questions upon stich ejcami«
&01] STTATE TRIALS, 35 Charl«s II. l583.-^0r ike Rgs-B^uu PUt. [502
Bations 18 a vdry dangerous thing i every word
that is said is laid hold on, that can be turtied
against a man's self or his friends, and no
ropard is had to what he might sav in favour
ofuiem : and it had been hUtppy for the rest,
especially' for Baillie, if they had all held to
tills maxim.. There was at that time no sort of
evidence against Sidney, so that, his comniit-
meat was against law. Trenchard was also exa-
mined : he denied eveiy thing. But one point
of his sruilt was well known : he was the first
man* that had moved the exclusion in the
house of commons : so he was reckoned a lost
man.
^' Baillie and two other gentlemen of Scot-
land, both Campbells^ had changed their lodg-
ings while the town was in this fermentation :
and upon that they were seized on as sufpected
persons, and brought before the king. He him -
sdf exaihinedthem, and first questioned them
about the dfsign against his person, which they
very frankly answered, and denied they knew
any thinsr about it. Then he asked them, if
« &ey had^heen in any consultations whb lords or
<)thers in England m order to an insurrection
in Scotland. Baillie fa'ultered at this : fur his
Gonacience restrained him from lying. He
said he did not know the importance of those
^estions, nor what use might be made of his
answers : he desired to see them in writing,
and then he would consider how to answer them.
Both the king and the duke threatened him
dpoB this : and he seemed to neglect that with
BO much of the air of a philosopher, that it pro-
voked them out of measure against him. The
gber two were so lately come from Scotland,
at they had seen nobody, and kn^w nothing.
BaiBie vt^s loaded by a special direction wim
very heavy irons : so that for some weeks his
life was a burden to him. Cochran, another
of those who had been concerned in this treaty
was complained of, as having talked very freely
•fthe duke's government of Scotland. Upon
which the Scotish seciretair sent a note to him
desiring him to ciome to him ; for it was in-
tended only to give him a reprimand, and t<v have
ordered him to go* to Scotland. But he knew
his own secret : -so he fefl his lodgings, and got
beyond sea. This showed the court had not
yet got full evidence \ otherwise he would
have been taken up, as weU as others were.
Monmouth and others escaped.-
*< As soon as the council rose, the king went
to the dutchess of Monmouth's, and seemed so
much con<^rned for the duke of Monmouth,
that he wept as he spoke to hei*. That duke
told a strange passage relating to that visit to
the lord Cutts, from whom I had it. The
king told his ' My, that some were to come
and search her fodgings : but he had given
order that no search should b^ made in her
^ apartments : so she might conceal hkn safely
' m them. But the duk^ of Monmouth added,
that he knew him too well to trust him : so he
went out of his lod^ngs. And it seems he
jndged right: for Uie phboe that was first
searched for him was her rooms : but he was
fonel And he gave that for the reason why
e could never trust the king a^r that.' It is
not likely the Idnff meant^ proceed to extre-
mities with him, but that- he intended ta hava
him in his own hands, and in his power.
*' An order v%as sedt to bring up the lord
Griey, which met him coming up. He was '
brought before the council, whefe he behaved
himself with great presence of mind. He was
se^t to the Tower. But the gates were shut :
so. he staid in the messenger's hands all night,
whom he furnished so Hberally with wine, that
he was dead drunk. Next morning he went
with him to the Tower gate, the messenger
being again fast asleep. He himself caJied at
the Tower gate, to bring the lieutenant of tha
Tower tb receive a prisoner. But he began to
think he might be in danger: he found Rumsey
was one witness : and if another should como
in he was gone : so he called for a pair of oars,
and went away, leaving the drunken messen-
ger fast asleep. Warrants w^re sent for se-
veral other persons : soihe went out of the
way,, and others were d^missed after some
months imprisonment. The kin^ shewed some
appearance of nncerity in egcamming the wit«
nesses : he told them, he would not have m
growing evidence : and so he charged them
to tell out at once all that they knew ; he led
them into no accusations by asking then^ any
(]uestions : he only asked them, if Gates was
in their secret : they answered, that they all
looked on him as such a rogue, thai they
would not trust him. The king also said, he
found lord Howard was hot among them, and
be believed that was upon the same account.
There were many more j^rsons named, and
more particulars set down m West's narrative,
than tne court thought fit to make use. of:
for they had no appearance of truth in them.
'< Lord Russel-from the time of his impri*
sonment looked upon himself as'a dead man*
and tnmed his tloughts wholly ta another
worM. He read much b the Scnptures, par-
ticularly in the Psalms, and* read Baxter's
Dying Thoughts. He was as serene and calm
as if he had been in no danger at all. A com-
mittee of council came to examine him upon
the d^ign of seizing on the guards, and^Bout
bis treating witii uie Scots. He answered
them civiUy ; and said, that he was now pre- -
paring §0^ his trial, whefe he did not doubt
bnt he should answer every thing that could
be objected to him. From him mey went to
Sidney, who treated them more roughly : he
said, it seemed they wanted evklence, and
therefore they were come to draw it from his
own mouth ; but tl^e^^ should have nothmg
from him. Upon this examination of lora
Russel, in which his treating with the Soots
was so positiv^ charged on him, as a thing
of whicn they were well assured, his lady
desired me to see who this could be, that
had^ so charged him: but this appeared to
be only an artifice, to draw a confession
fh^mhim. Cochran was gone: and Baillie
SM] STATE TRI^LSb 95 CHA&LEaill. l6SS^MrddHcU0n to the Trkb [564
that vhi^h .came more boiDe»wa«» tliat 1m
owned there was a coan^il of aix settled, of -
which he )iimself was one ; and that they hall
had seTeral debates amon^ them conoeroing an
insurrection, and where it should begin, whfe- .
ther in the city or in the country ; but t&at
they resolved to be first well informod concern-
ing the state Scotland was in ; and that Kdney^
had sent Aaron Smith to Scotland, to briog^
him a sure information from thence, and that
he cfave him 60 guineas for his journey : more
of that matter he did not know ; for be had
^one out of town to the Bath, and to his estate
m tlie country. During his absence the lords
began to apprehend their error in trusting
him : and upon it lord Essex said to loi4
Russel, as the last told me in prison, that tht
putting themselves in the povii^r of such jfc
man would be their reproach, as well as their
ruin, for trusthig a man of so ill a character :
so they resolved to talk no more to him : but
at his next coming to town they toM him, they
saw it was necessaiy at present to give over
all consultations, and to be quiet: And after
that they saw him very little. Hamden was
upon lord Howard's discovery seized on : he,
when examined, desired not to be. pressed with
questions : so he was sent to the Towier.
was a dose prisoner, and^ was veiy ill used :
none were admitted to him. I sent to the
keeper of the prison to let him want for no-
thing, and tha^ I should see him paid. I also
at his desire sent him books for his entertain-
ment, for which I was threatened with a prison.
I said, I was his nearest kinsman in the place,
nnd this was only to do as I would be done by..
From what I found among the Scots I quieted
the fears of lord RussePs niends.
^* Lord Howard was; still going about, and
protesting to every person he saw that th^e
was no plot, and that he knew of none: yet
be seemed to be under a consternation all the
while: Lord Russel told me, he was with
him when the news was brought that West
bad delivered himself, upon which he saw him
change colour : and he asked him, if he appre-
hended any thing froip him ? He confe^ed,
be had been as free with him as with any man.
Hamden saw him afterwards under great,
fears : and upon that he wished him to go out
of the way, if he thought there was matter
again«i him, and if he had not a strength of
mind to suffer any thing that mi^ht happen (o
him. The king spoke of him with siicn con-
t(pmpt that it was not probable that he was all
this while'in correspondence with the Court
HoiparePi Confeaion.
*< At last, four days before lord RussePs
trial, he was taken in his owu house alter a
long search ; and was tbund standing up
within a chimney. . As soon as he was taken
he fell a crying : and at his first examination
be told, as he said, all that he knew. West
and Rumsey had resolved only to charge some
«f tho lower sort ; but had not laid every
-tiling so well together, but that they were
found contradicting one another. So Kumsey
charged West for concealing some things :
upon which he was laid in irons, and was
threatened witli being hanged : for three days
he would eat nothing, and seemed resolved to
starve hims<tf : but nature overcame bis reso-
lutions : and then be told all \ke knew, and
perhaps more than he knew ; for I believe it
was at this time that he wrote his narrative.
And in that he told a new story of lord
Howard, which was not verv credible, that be
dioufl^ht the best way of killing the king and
theouke, was for the duke of Mopmoutli to
iiUllhto New-Market wit]i a body of three or
400. horse when they were all asleep, and so
to. take them all: as if it had been an easy
matter to get such a hoAy together, and to
carry them thither invisibly upon so desperate
a service. iJpon lord Howard's examination,
be told a long story of lord Shaftsbury> de-
sign of raising the drty : he affirmed, that, the
diDte of Monmouth had told him, how Trench-
ard had undertaken to bring a body of men
from Taunton, Uithad filled in it: he con-
firmed that of a rking intended in the city on
the 17th or the t9th m November last : but he
knew of ns body tl|at was to be at the bei^d of
it. fio tfais was looked on as oqljr talk. Bat
The Earl tf Eites tm Unt tb thi Ibver.
'* A party of bone was sent to briog up lord
Essex, who had staid all this while at his house
in the country ; and seemed so little appre-
hensive of daiq^er, that bis nwn lady did m»t
imagine he had any concern on his mmd. He
was offing to be conveyed aviay very **f^y *
but he would not stir. His tenderness for
lotd Bussel was the cause of this : for he
thought his going out of the way might indine
the jury to odieve the evidence the more for
his absconding. He seemed resolved, as soon
as he saw how that went, to take care of him*
self. When the party came to bring him up,
he was at first in some disorder, yet he reco-
vered himself. But when he came before the
council, he w^s in much confusion. He was
sent lo-the Tower : and there he fell under a
great depression of spirit : he could not sleep
at ail. He had ftllen before that twice und«nr
great fits of the spleen, which returned now
upon him with more violence. He sent by e
servant, whom he had long trasted, and who
was suffered to come to him, a rery inelan-
dioly messase to his wife ; Uiat what he was
charged with was true : be was sorry he bad
ruin^ her anil her children : but he had sent
for the earl of Clarendon, to talk fineely to biai,
who bad married his sister. She immediately
sent back the servant, to hef of him that he
would not think of her or her children, bat
pnly study to suppprt bis own spirits ; and
desired him to sav wxAiing to lord Clarendon,
nor to any body else, till she should come to
him, which she was is hope to obtain leave to
do in a ,day or two. Lorj Clarendon came to
him upon ^is message : but be turned the
matfterspwellto him, as If h» hadbsen qdI/
J05] STATE TRIALS, $5 Charles n. l«8d.— /ar <i# Bytf^Bme Pitt. [606
toopbili aomewbat that be had mt/bakm him-
setfin when he was before the omincil : but
M to that' for which he was dlfl|»t up, he Mid
there was nothing in if, and ii would appear
bow innocent he wta. So lord Clarendon
went away in a great measure satisfied, as be
bimseir told me. His lady had another mes-
ssge from htm, that he was much calmer ;
e^iecially when he fbimd how she took his
cnidicioii to heait, without seeming concerned
for h* own shar^ in it. He oraered many
^uogsto be sent to him: tod -among other
diiaga lie called at several times for a penknife,
with which be used to pare his nails very
■bdy : so Uiis was thougnt intended for an
amusement. But it was not brought firom fads
house in the country, though sent for. And
when it dSd not come, he called for a razor,
and said, that would do as well. The king'
and the duke came to the Tower that morn-
ing, as was given out, to see some invention
sboiit the ordnance. As they wer^ going
mto dieir barg<?, the cry came after uem S
what had happened to lofcd Essex : for bis man,
linking be staid longer than ordinary in bis
closet, said, he looked through the key bole,
and there saw him lying dead : imon which
the door being broke open, he was found dead ;
his throat cut, so that both the jug*iUrf . and
the gnUet were cut, a little above the aspera
arteria. I shall afterwards give an account of
ttie fbrdier enquiry into this matter, which
past then aniversidly as done by himself. The
coroner's jury fbuiid it Self-murder. And when
bis body was brought home to his own house,
and the wound was examined b^ his own sur-
geon, he' said to me, it was mnpossible the
would conld be as it was, if given by any
band hot bis own : tor except he had cast bis
head back, and stretched up bis neck all he
could, the aspera arteria must have been cut.
Bni to go on with thix in^cal day, in which I
kMt the two bestiriends 1 had in the world :
The Lord fhmef$ TreaL
» Theloi^ RuSsel's trial was fixed f^r that
day. A jury was returned that consisted of
citizens of London who were not freeholders.
6o the first point argued in law was, whether
this GoukJ be a l^pJ jury; The statute was
expreas: and the reason was, that non€ but
men of certain estates might try a roan upon
ids fife. It was answered, that the oractice
of the city was to the contrary, upon tne very
reason of the law : for the richest men of the
sity were often no freeholders, but merchants
whose weahh lay in their trade and stock. So
this was over-joled, and the jury was sworn.
They were pickt cut with great care, being
men of ftdr reputation in other respects, but so
4a^aged in the party for the Court, that th^
were easy to believe any thing on .that side.
Ktmuy, Shepherd, and ford HoiMunl wore
ShewitnaneB, nrho deposed accofdinglo what
wsi fimneHy related. Shepherd swore, lord
Bmad was twtoe at his house, tboiufh'iie was
sent hiBiwordaAarhisssiiteiic«,thi*Iio Aiw
Skve him all -he had swovn against him, bnl
at be must renicflaber that he was nevei^
witbia bis doors but one single time: to which
all the answer Shepherd made was» that all
tbs while he was in court during the trial he
was under such a confusion, that hs scarce
knew what he said. Both Rumsey wid \m
swore, that lord Russel had exprened bis eai^
sent to the seizing on the gnai^, though they
did not swear any one word that he spoke
which imported it : so that here a man wm '
convicted of treasoe^ for being present by aod*
dent, or for som0 ineooent perpose, where'
treasonable matter was discoursed^ witboul
bearing a part in that discourse, or fi;ivuiig«Qy
assent by words or otherwise to what was se
discoursed ; wUoh at tlie most amounts te
misprision^ or concealment of treason odiy.
As lord Howard began his evidence, the news
of the earKof Essex's death came to the Court.
Upon which lord Howard stopped, at)d saMp
be oould not go on tiU he gave vent to bis
grief in some tears. He poon recovered him*
self, and told all his story. Lord Rueiel de«
fended himself by many cOn^pergators, wbe
spok^ very fuUy of his great woitb, and it was
not likely he Would engage in Ul desiges.
gome others bssides fnyselt'^tcstifisd, how as-
lemnly lord Howard bad denied his knowledge
of any plot upon Its firSt breaking out Piooii
the solieiter general, said, no regard was te
be bad to that, for all witnesses domed at fast
It was answered, if these denials had hem
only to a magistrate, or at an eYsmbietisa, it
might be thought of less momeiU : but sodi
solemB denials, with asseverations, to frieedSt
alMl ofiiciously offered, shewed that audi e
witness was so bad a man, that no credit was
diie to hie testimony. It was also urged, that
it was not sworn by any of the witnesses, thai
lord Russel bad spoken any such words, et
words to that effect : attd without some sash
indication, it coidd not be known thethelsnrk^
^ed to the discourse, or osusenlSd to it Lord
Russel also asked, npen wiiat eMute he was
tried : if upon the M statute of the t5th sf
£dward the third, or if uMn the statute madb
declaring inhat shall he beld trssioe ileiiig
the king's reignf TheyeoeMacil letyoBlbe
last, because of the lileiMionef tiewle it : six
mooths, end eomething asore, weme peased
since the time of thtee disesusess: so they
relied on the ehl atelote. Upee vthich lie
asked, wheee ^m the «i^estHM;tf Fer aqbs
enpeared. It was also 4lSid,thet^ that statute
tie very ko^pxatlg the kieg^s deaii, when
proved by an overt<eet, ifss treasoni Imt j/L was_
only the levying war, and mit ihe isaagining'
to Wy 4sar«ei^ftnsl the king, that was tree*
son by Ihet stalete. Oodk^d Hifle weBs ef
th» epteienY-endgef e(thnr ccesoas for it And
it seenad, thet the parltameet jihat ^Sbe ect
ef 'treason daring She ^nssent eeign weae of
ihatmind for;they snnewiatcd osnsultaiiansrto
emang ^tfaese things ediiuh WOK de-
|be ^netsop darinig rthat leige; This
/
r
507] STATE TRIALS, S5 Charlbs IL l6ss.^IiUroiuction U the frialt [SOS
shewed, that they did not look on them as com-
prehended within the old statute.' The king's
' counsel pretended, that consultations to seize on
the king's gtiards were an overt- act of a design
against the king's person. But those forces,
that haVe gotthe designation of guards appro*
priated to them, are not the king's guards in
ULW : They are not so much as allowed of by
bw : For even t^e lately dissolved long parlia-
ment, that was so careful of the king, and so
kind to him, would never take notice of the
Idng's forces, much less ,call them his guards.
The guards were only a company of men in the
king's pay : So that a design to s^ze on them
amounteu to no more, than to a design to seize
on a part of the king's army. But the word
guards sounded so like a security to the king's
person, that the design against them was con-
structed a design against his life: And yet
none of the witnesses spoke of any design agamst
the king's person. Lord Howard swore posi-
tively, that they had no such design. Yet the
ine was constructed to be the natural conse-
quence of the other. So that alier all the de-
claiming against a constructive treason m the
case of lord Strafford, the court was always
romung into it, when they had a mind to |}e-
«trey any that stood in their way. ]J»rd
Russel desired, that his counsel might be heard
to this point of seising the guards : But that
was denied, unless he \Jould conless the fact:
And he would not do that, because as the wit-
nesses had sworn it, it was false. He once
intended to have related the whole fiu;t, just as
it was : But his counsel advised him against
it. Some of his friends were for it, who thought
that it could amount to no more than a conceal-
ment and misprision of treason. Yet the
counsel distinguished between a bare know-
ledge, and a concealing that, andajoiiung de-
ingnedly in council wiSi men that did design
' treason: For in that case, though a man should
difier in opinion from atreasonaUe proposition,
yet his miring in council with such men will
m law make him a traitor. Lord Russel spoke
• hot little : Yet in few- words hq^ouched on all
the material points of hiw that had been su^
gested to him. Finch hummed u[> the evi-
dence a^painsl him': But in that, and in several
other trials afterwards, he shewed more of a ,
vieious elocpienbef in turning matters with some
subtlety agmnst the prisoners, than of solid or
'sincere reasonings Jefferies would shew his
seal^ «nd speak «fter him : But it was only an
insolent declamation, «tich as all his were, full
of fury and indecent invectives. * Pemberton
\ svas the head of the court, the other bench not
being yet £lled. He summed up the evidence
at first very fairly : Butin condusiou he told
the jury, tliat a design to seize the guards was
•urdy a design against the king-s life. - But
though he struck upon this, which was the
main point, yet'it was thought that his stating
the whole matter with so little eagevness against
lord Russel^ was that which lolt him his place :
For he was turned out soon after. Lord Rus-
ad's behftvioiar dttring the trial was decent and
composed : So that he seemed very little con-
cerned in the issue of the matter. He was a
man of so much candour, that he spoke httle
as to the fact : For smce be was advi^ not to
tell the whole truth, he could not speak against
that which he knew to be true, though in some
particulars it had been carried beyond the
truth. But he was not allowed to make thar
difference: So he left that wholly to the jury,
who brought in their verdict against him, upon
which he received sentence.
** He then composed himself to (lie* with
gteat seriousness. He said, he was sure the
day of his trial was' more uneasy to hhn, than
that of his execution would be. All possible
methods were used to have saved his life: money
was ofiered to the lady Poitsmouth, and to all
that had credit, and that Without measure. He
was pressed to send ]ietitions and submissions
to the king, and to the duke : But he left it to his
friends to consider how far these might go, and
how they were to be worded. All he was ^
brought to was, to offer to live beyond sea in
any place that the king should name, and
never to meddle any more in Engli^ affiiirs.
But all was in vain : Both king and duke were
fixed .in their resolutions ; but with this dif-
ference, as lord Rochester afterwards fold me,
that thll^'duke suffered ^me, ambn^ whom he
was one, to argue the point with him, hut the
king could not bear the discourse. Some have
said, that the duke moved that he might be
executed in Southampton square before his
own .house, but that tne king rejected that as
indecent. So lincoln's-lnn Fields was the
place appointed for his execution. The last
week er his life he was shut up all the mom^ * -^
ings, as he himself desired. And about noon
I came to him, and staid with him tiH night.
All the while he expressed a very christian
temper, without sharpness or resentment,
vanity or affectation. His whole behaviour
looked like a triumph over death. Upon some
occasions, as at table, or whe^h^s friends came
to see him, he was decently cheerful. I was
by him when the sheriffs came to shew him the
warrant for his execution. He read it with in-
difference : And when they wei-e gone he told
me,4t was not decent to be merry with such s
matter, otherwise be was near telling Rich,
(who though he was now of the other side, yet
had been a member of the House of Commons,
and had voted fbr«the exclusion,) that they
should never sit together in that house any
more to vote for the bill of Exclusion. Tlie
day before his death he fell a bleeding at the
nose : Upon that he said to me pleasantly, I
shall not now let blood to divert this : That will
be done to morrow. At night it rained hard :
And he said, s.ch a rain to-morrow will spoil S'
great shew, which was a dull thin^ in a rainy
day. He said, the sins of his youth lay heavy
upon his mind : But "he hoped God Had for-
Sven them, for he was sure he had forsaken
em, and for many years he had walked before
God with a sincere heart: If in his puMie
aotings he had committed emrs, they
509] STATE miALS^ 35 CflAmiBS n. iCBS^f^fiMr Ik Sg^TtmUi Plot [6X0
Qolr the errors of his imderetaDdiiiff : for he
had no priTate ends, nor ill desi^s St nls own
in them : He was stin of opinion that the
jdnst was liinited by law, and that when he
fame throng those limits his sulnects miffht
defend themselTes, adft restrain him : lie
thought a violent death was a very desirable
way of ending ope's life : It was only the
being exposed to 'be a little'gazed at, and to
snfier the pain 6f one minute, which) he was
confident) was not equal to the pain of drawing
a tooth. He said, he.-felt none of. those tran-
sports that some good people felt ; but he had
a fuH calm in' his mina, no palpitatiop at heart,
nor trembling at the thongnts of death. He
was much concerned at tl^ cloud that seemed
lo be now over his cenntry : But he hoped his
death should do more service,, than his' life
could have done. ,
" This was the substance of the- disconrse
between him and me. Tillotson was oft with
him that last week. We thought th$. party
had gone too quick in their consultations, and
too rar ; ^^^ that resistance in the condition we
were then in was not lawful. He said, he liad
not leismre to enter into discourses of politics ;
but he thought a government limited by law
was only a name, if ihe subjects mignt not
maintain those limitatiaos by force : -otherwise
an was at the discretion of the prince: that
was contrary to all the notions he had lived in
of our government. But he said, there was
nothing among them but the cmbrios of things,
that were never like to have anyeffect, and
that were now quite dissolved. He thought,
it was necessary for him .to leave a paper be-
hind him at bis death : and because be had not
been accustomed to draw such papers, he de«
sired me to give him a scheme of the heads fit
to be spdken to, and of the order in which they
should be laid : which I did. And he was three
days employed for some time in the morning
to write out hisuspeech.' He ordered four copies
to be made of it, all which he signed ; and
Eve the original with three of the copies to
I lady, and kept the other to give to the
sberifis on the scaifold. He writ it with great
care : and the passages that were tender he
writ in papers apart, and shewed them to his
lady, and to mysdf, before he writ them .out
fiur. He was very easy when this was ended.
He also writ a letter to ihe king, in which he
asked pardon for every thing he had said or
done contrary to his duty, protesting he was
ionocent as to all designs against hi» person or
government, and that his heart was ever de-
voted to that which he thought was his true
interest. He added, that though he thought
he had met with hard measure, yet he forgave
all concerned in it from the highest to the
lowest ; and ended, hoping that his majesty's
displeasun^ at him^ would cease with his own
life, and that no part of it should fall on his
wife and.cliiidren. The day before his death
he received the sacrament frpm Tillotson with
much devotion. And I preached two short
•ennoDs to him, whioh ne heard with great
4
affection. And we Were i^ut 4ip till towards
the evening. Then he suffered his children
that were very young, and some few of his
friends to take leave of him; in which h«^
maintained his constancy of temper, thouffh he*
was a vei^ fond father. He also parted with
his lady with a composed silence ; and, as soon
as she was gone, he said to me. The bitterness
of death, is. past: for he loved and esteemed
her beyond expression, as she well deserved it
in all respects. She had the command of her-
self so mudb, that at parting she gave him no
disturbance. He went into liis chamber about
midnight : and I staid all night in tlie outward
room. He went not to bed till about two in
the morning : and was fiist asleep at four, when
according to his order we .called him. He
was qui<»ly dressed, but would lose no tinin
in shaving : for he said, he was not concerned
in his gooid looks that day.
. The Trial and Execution of Walcoi andothert,
*^ He was not ill pleased ^th the account
he heard that morning of the manner of Wal-
cot's death, . who tiM^etheir with one Hone and
Uowse had suffered the day before. . These
were condemned upon the evidence of the wiv*
nesses, Rumsev and West swore fully against
Walcot : he hao also writ fi letter to the secre-
tary offering to make discoveries, in which ha
said the ^lot was laid deep and wide. Walqot de-
nied at ms death the whore business of the Rye-
Plot, anu of his undertaking to fight the guar^
while others should kill the king. He said.
West had often spoken of it to him in. the phrase
of loppine ; and that he always said he would
not meddle in it, and that her looked on it as an
infiimous thing, and as that which the duke of
Monmouth would certainly revenge, though
West asiured him that duke had engaged un-
der his hand to consent to it This confession
of Wakot's, as it shewed himself very guilty,
so it made West appear so black, tluit t(e
court made no more use of him. Hone, a poor
tradesman in London, who it seems had some
heat but scaice any sense in him, was drawja
in by Keelbg, and Lee, another witness, who
was also brought in by Keeling to a very wild
thing, of killing the king but sparing the duke,
upon this conceit, that we would be ip lefs
danger in being under a professed papist than
under the king. Hone had promised to serve
in the execution of it, but neither knew when,
where, nor how it was to be done : so, though
he seemed fitter for a Bedlam than a trial, yet
he was tried the day before the lord Russel,^
and suffered with the others the day before
him. He confessed his own. guilt ; but said,
these who. witnessed against him had engaged
him in that design, for which they now charged
him : but he knew nothing, of any other per-
sons, besides himi|elf and the two witnesses.
The third was one Rowse, who had belonj^
to Player the chamberlain of London ; i^nst
whom Lee and Keeling swore the same mings.
He was more affected with a- sense of the heat
and fury with which he had been acted, than
«lll STATETRIAUS, 95 Csa&lss II. l€%^^IniroiucHon U the IHab [5ia
'riMoHienwtPes h&k %e denied, tint he was
«v«r tn^any deai^ ar«nsl the kingf'fi tifei He
md, the vriteesses had let fait many wicked
things ef that matter in discawse with him :
«o<lhal he was resolved to diaeoi^er them, and
traa ^only waiting till he eoaki fin^ out the.
bottom of their deawns : - hot that now they had
^rerenled htm. He vkidicated all his ac-.
'caainlanoe Irom heing any way concerned in
tne matter, or from appreving each designs.
-These men dying as they 'did, was aach a dis-
graeeto the wttaesses, that the court saw it
wvnot fit to make anv further use ef them.
"Chneat use was made of the conjunction of these
'two plots one for a rising, ami another-for an
'•ssasaiDation. It was sard, that the on^ was
that which gare the heart and hope to the
elher Uaric coBspiraey : by wbidi tney were'
ever 9M Engtand -Ueaded together as a .plot'
within a plot, which, cast a great load on thei
• whole party.
RmtiePs' Etecu^iou.
** LordBnasel ^seemed to hare some satis-
Ihetion to find that there was no 'truth in the
'Whole contrivance of the Rye-Plot : so that
he hoped, thaiinfamy, which now blasted' their
party, wotdd -soon ^ off. He went into his
chamber i6jl ^«r aeven 'timea in the morning,
-and prayed bv himself, .asd then cpime out to
'Tillotsoa send: me: be. drank a KtUe tea and
tame sherry. He wound up hb watch ; and
•«aid,<tt0w he had done with time, and was po-
ling io^eteniftty. Heasked what he should gire
^eeoDecutioiierr I* told -him ten guineas: he
'«iid, with a sndle, it was a pretty thing to gi?e(
* * fiee* to hare* hur head cut dn. W ben the sne-'
inSSk-t^Med him about ten o'clock, lord Gaven-
'idtohwas 'WailbigMow to take leave of him.
*1Fhey embraced ^ery tenderiy. Xord 'Russel,
'«fter*he had left him» upon a sudden thought
< oame back to him, and pressed him earnestly
-to i^y- hiraitelf mere 40 religion ; and told
Imbwhey great coiblbrt «nd support he felt
'-irom-'lt- now in -his extremity. LotdCaven-
'^dith had- irery .generously. offered to maoa^
/his eacapcj ahd tcst^ m priaon for. him whfle
'lie .'should go «way in iiis ehMtths : hut he
^^mM not faeaitei to^die motion. The duke
'^ Wbwnetlth had also -sent me -word, to let
'Mn fcd0W, that, if hethoiight it could do hin^,
-anyseiTice, hewouldeome in, and run fbr-*'^
r.iunea with him. Be answer^, it wonki he of
'*o «dvanCaffe: to "lidm to ^have lus'tHends die
" With hun. TiUotsQu^iuid ^ I went inlhe coach
t INrith him to the place t)f .execution. Some of
'the craad .tbat lulled' ^ streets' w^ jirhfle
* mfaen iosttltod i-'hc was touched with the ten-
' deraass that - the -.oBe%gave him, but did not
'^aaem-at aU provoked by the other. He was
•(i^fiBg psalms i^ gceat part of the way ; and
;-aaid,:faenoped to sing jNStter very . soon. As
he -obserfed the great crpuds of people 'all the
- way, he sakl^to us, I hope I shall qukkly see
^ much better asaepibly. When he came to
^ fht eeafibldy he :wi|lked «beut it four or five
^thnea. Thaa^hetaniedtathedicnlfi^aMlde*
lit ered his paper. He protested, he had al-
ways been far from any desogns against tli«
Icing's life or government: be .prayed €iodl
would preserve both, and the IVotestant re^
ligion. He wished all Protestants might lov«
one anodier, and not make way for popery by
their animosities.
'< The substance of the paper hegaretfiein
was, first a professkm of his jeligion, and of hia
sincerity piit : that he was of the Churcdi of
Bngland : but wished i^l would unite together
agamst the common enemy : that churdmaeo
would be less severe, and dissenters .less scru-
pulous. He ovnedj be had a great ^seal
against popery, which he lookcad on as aii
i&latrous andokKKly religion : but that, tbowfa
he was at all times ready to yenture his li^ for
his religion or his country, yet that would
never bav« carried him to a bku;k or wicked
design. No man erer had the impudence to
move to him any thing with relation to theking's
life : He prayed heartily for him, that in hi*
|ierson ana government he might be happy, both
m this world and in the next. He protested,
that in the prosecutipn of the Popish plot he
had cone on in the SLDcerity of his heart ; and
that he HGver knew of any prac^ce widi the
witnesses. He owned, be nad been
the matter oftheexdujuon, as the best waV ia
his opinion to secure both me king's life and die
Protestant Religion : and .to that he imputed
his present suflerings ; but he forgave all con-
cerned in them ; and charged his friends to
think of no revenges. Jie thought his aee-
tence was hard : upon which he gav^ an ac-
count of all that haa past at Shepherd's. Fnia
the heats that were in choosing the pherifb he
concluded, that matter would end aa it^now did*
and he was not much surprised Uy find it fidl
upmrMnHiplf : be wished it migbt end in him :
kuHngby#»rmsoflaw was the worst sc^of
itaurder. He coodnded with soaoe very deroot
^aculations. After he'had delivered tbis^paper
he my ed by. himself: then TiDotson prayed
wita hmi. after that he prayed again hy him-
self: 'and then undressed himaelf, and fiud faia
head on the block, wi^ont the least change
of countenance: and it waa cut of at two
strokes. \ ' Ij^ -
<< This w«tfae end ^f that great and good
man : on which I have perhaps enlarg^ too
oopioosly : biit the great esteem I had tor him«
and theahare I had m thi^ n^atter, will I hope
excuse it. f(is speech vfas so soon pfinlad»
1;hat it waa selling about the streets an hour after
his death : upon which' tne court was hi^;hly
enflamod. So Tillotaon and t ytere appointed
to appear before the caboiet councfl. Tidot-
son bad little to say, but only that lord Buaari
had shewed him his speech tne day before he
suflered ; and diat he i^ke to fiim, what he
thought was incumbent on him, upoosoane
rtrtsofit, but he was iiot dispoaed t4> alter it.
was kmger before them. I saw they a»pr»>
heeded I luul pomed the ^eecb. I tdd tfte
A15J Sr^mi TRIALS S5 CfkMtBS IL i$i3.— >r th Hgi-Hme Plat, [su
iMulanoffi0iiiiUie€«rtditt»H«iiii^9 to it wm
tlioagrtkt, he prevailed whb him to deny it in
open court. But the girl stood firmly to her
story. The simplicity of the children, tCM^her
with the ill opinion that was geperaJiy had of
the court, uxdined many to ^lieve this. As
soon as his lady heard or it, she ordered a strict
raqnirytohemadeahoutit: and sent what sha
found to me, to whom she had trusted all the
messacos'tbat had past hetween her lord and
her while he was in the Tower. When I pe<
ruaed all, I thought there was not a colour to
found any prosecution on; which she would
have done with all poasible zoal, ifshe had found
any iippeamnces ortruth in the matter. Lord
Emex had got into an odd set of some straaga
principles : and in particular he thought^ a man
was the master of his own life ; and semed to
approve of what his wife's gieat grrandfather,
the eari of Northumberlami, did, who shot
himself in the Tower after he was arraigned.
He had also y&ry black fits of the spleen. But
at that time one Braddon, whom I had known
for some fears for an honest bnt enthusiasticxi
man, hearing of these stories, resolred to canr^
the matter as far as it would go : and he had
picked up a great variety of little circum-
stances, all which laid ti^ietlier seemed to him
so convincing, that he tbsught he was bomid(
to prosecuto the matter. I desired him to
come no Hiore near me, since he was so positive.
He talked of the matter so pubHcly , that he was
taken lip for spreading false news to alienate
people's hearts from the king. He was tried
upon it Both tha children owned, that they
had reported the matter aahe had talked it ; the
boy sa^inff then, that it was a lie. Braddon
haid desued the boy to set it all under his hand,
though with that he chariped him to write n»-
^thin^but the truth. This was caiM a si»-
bomug : and he was fined for it S,000/. But I
go next to a trial of more importance.
king, that at bk iadv^a desiie I writ down a
▼•a^ parCieular ioumaJ of every passage, great
and SHUdI, that had happened daring my atten-
dance en him : I had just ended* it, as I re-
ceived my summons to attend his majesty : so,
if he commanded me, I would read it to him :
which upon his command I did. I saw they
were all astonished at the many extraordinary
thini^ in ft : the most important of them are
set dawn in the former rektion. The Lord
Keeper asked me, If I intended to print that. I
asid, it was only intended for his lady's private
use. The Loid Keeper, seeing the king silent,
addiMl, youare not to think the king is pleased
with tins, because he says nothing. This was
veiy mean. He then asked me, If I had not
studied to dtssnade the lord Russel from putting
many things ^n his speech. I said, 1 had dis-
cbaxgcd my conscience to him very freely in
every particular : but he was now gone : so it
was inmossiUe to know, if 1 should tell any
thing of what had past hetween us, whether it
was true or false: I desired therefore to be ex-
CBsed. The dqke asked mc, if he had said any
thing to roe in confession. I answered, that if
he had said any tbin^ to me in confidence, that
itav enongli to restrain me from speaking of it.
Only I oitered to take ray oath, that the speech
waa panned by himsdfir and not by me. The
diike,npon all that past in this examination, csx-
pressed himself so highly ofiended at me, that it
was comdnded 1 would be rained. LordHaJiftx
seat me word, that the duke looked on my
noding the journal, as a studied thing, to make
a panegyrick on lord Russel's memory. Many
pampUets were writ on that occasion : and I
waa heavily charged in them all, as the ad-
yiaer, if not ^-^ anthor, of the speedb. But I
was advised by all my finends to write no an-
■warhutto bear the malice that was vented
oponme with silence; which I resolved to do."
^ The Scottish jirisonos were ordered to be
asal doivn to be tried in Scotland, This was
■Ml news to them : fhr the booto there are a se-
vere tertnra. »BaiUie had reason to expect the
woni esage! he was carried toNewgate in the
maraiog. that lord Russel was tried, to see if* he
eeold he perenaded to be a witness against him.
£/eiy thing that could work on lum vas made
«^ hut aU in vain : so they were resolved to
iam severely.
Suspicions of Essex* $ being murdered.
** I passed slightly over the suspicwnsthat
were raised upon lord £6sex's death, when I
mentieued that matter. This winter the bo-
ainess was brought to a trial : a boy and a girl
did report, that they heard great crying in nis
lodgings, and that they saw a bloody razor
flung out at window, which was token up by a
weman that came out of the house where be
waa lodged. These children reported this con-
fidently that very day, when tbey went to
thaiv several itomes : tney were both about 10
sr IS years old. The boy went backward and
Arward in his story, sometimes affirming it,
pdat other times denying it : but his fkther
roL, IX,
Sidney's Trial,
" Howard was the only eridenea against the
prisoners of better rank ; for tbey had no oom*
munication with the other witoesses. So other
things were to be found out as suppleraantsto
support it Sidney wasnextbroughtto bis trial.
A jury was returned, consisting for most part of
very mean persons. M^i's pulses were tried
beforehand, to see how tractoble they wtuld be.
One Party, a violent man, gvahy of several
mnrders, was not only pardoned, but was now
made a justice of peace, for hni officious med-
dling and violence. He. told one of the duke's
servanto, thinking that such a one was certain!^
of their party, that he bad sent in a great mMtf
names of jurors, who were sure m<>n : that
person told me this himself. Sidnrj^ ex. epted
to their not being freeboklers. ButJefferifs
said, that bad been over-ruled in k)rd Rwsel's
case : and therefore he over-ruled it ; and
would not so nm6h as suffer Sidney to read the
stotote.' This was one of his. bold straina. Lea4
Russel was tried at the Old-Bailev, where tb«
jury consisted of Londoners: and* tbrrie jadefi
^ 2L
«I5l STATE TRIALS, 35 CiiARtBS II. le^S.^hUroAt^hm io ik§ IW* [5lfl
the contntr^ practice had prevailed, upon the
leaaon betore- mentioned ; for the mmhanta
are supposed to be rich : but this trial vas in
Mi(lii!esex, where the contrary practice had not
Ererailed ; for in a county a man who is no free-
older Is supposed to be poor. Bnt Jefferies
said on another occasion, why mifa^ht not they
make precedents to th^ succeeding; times as
well as those who had gone before them had
made precedents for them ? The witnesses of
the other parts of the plot were now brought
ont again to make a sfaiew ; for they knew no-
thing of Sidney . Only they said, tiiat they had
"heard of a council of six, and that be was one of
them. Yet even in that the} contradidicted
one another V Rumsey swearings ^ that he had
it from West, and West swearing that he had
it from him ; which was not observed till the trial
came out. If it had been observed sooner,
perhaps Jefferies would have ordered it to be
struck out ; as he did all that Sidn^ had ob-
jected upon the point of the jury, because tbe^
were not freeholders. Howard give his evi-
dence, with a pre&ce that had become a pleader
better than a witness. He observed the unitbr-
mity of truth, and that all the parts of his evi-
dence and theirs mettogether as twotallies. After
this a book was nrodui^, which Sidney had been
writing, and wnich was found in his closet, in
vnswerto Filmer's book entttled Patriarcha;
by which Filmer asserted the divine ^iffht of
monarchy, upon the eidest son's succeeding to
the authority of thefather. It was a book of some
name, but so poorly writ, that it was somewhat
strange that Sidney bestowed so much pains in
answering it. In this answer he had asserted, that
princes had their power from the people with
.restrictions and limitations ; and that they were
liable to the justice of the people, if they abused
their power to thefir^udice of the subjects, and
Against established laws* This by an innuendo
was said to be an evidence to prove, that be was
m a (dot against the king's life. And it was
insisted on, that this ought to stand as a second
witness. The earis of Clare, Anglesey, amd
some others with myself, deposed what lord
Howard had said, denying there was any plot.
Blake, a draper, denosra, that having abked
him when he was to nave his pardon, he an-
swered, not tiU the drudgery ot swearing was
' over. Howard had also gone to Sidney 's bouse
and had assured bis servants that there was
nothing against him, and had desired them to
•bring ms goods to his own house. Sidney shew-
ed, now improbable it was that Howard, who
oould not raise five men, and had notfiveshillings
to pay them, should be taken into such consulta-
tions. As for the book it was not proved to be writ
by him ; for it was a ind|;e«]ca)ie in capital mat-
ters, that a similitude of hands was not a legal
proof, though it was in civil matters : that what-
ever was in those napers, they* were his own
privatethoughts, and specuhuionsof government
never communicated to any : it was also evi-
>deiit, that the book had been writ some years
ago : so that could i^t be pretended to be a
.fiNMif of a late, plot : the book was not finished,
so it oonld net be known how it woold end : A
man writing a^rainst Atheism, wjio sets out tb*
strength of it, if he does not finish hisanswer^
could not be concluded an Atheist^ because there
was such a chapter in his book. Jefferies ia-
terrupted him of^ very rudely, probably ta
put him in a passion, to which lie was^ul^ect z
but he maintained his temper to admiration*
Finch aggravated the matter of the book| as a
proof of his intentions, preteinling it was an
overt-act ; for he said, ' scribere est agere.*
Jefferies delivered it as law, and said, tlwt all
the judges were of the same mind» that if there
were two witnesses, the one to the tieasoottlM
other only to acircumstaDce,such asthebuvinff
a knife, these made the two witnesses, wnich
the statute required in oases of treason. In
conclusion, Sidney was cast. And some days
after he was brought to court to receive een-
tence. He then went over his objections tcK the
evidence against him, iu which judge Within«
ioterrupted him, and by a strange indecency
gave him the lie in open court But he bora
it patiently . He sent to lord Halifax, who was
his nephew by marriage, a paper to be laid be-
fore the king, containing the main points of his
defence^ upon which £b Appealed (o the king,
and desired he woold review the whole matter.
Jefferies upon that in his furious way said» either
Sidney must die, or he must dijc. His execution
was respited for three weeks, the trial beiuff
universally cried out on, as a piece of moat
enormous injustice. When he saw the wamat
of his ejLOCution, he expressed no concern at it.
And the change that was now in bis temper
amazed ail that went to him. He told tbe
sheriffs that brought it, he would notexaoeta-
late upon any thing on his own aecount ; (tbrthe
world was now nothing to him ;) but he deaiiedl
they would consider how guilty they were of
his blood, who had not returned a fair jury but
One packed, and as they were directed by the
king[s solicitor : he spoke this to theni, not lor
his own sake, but tor their sake. One of the
sheriffs was struck with this, and wept. He
toki it to a person, from whom Tillotaon bad it»
who told it me. . Sidney wrote a long vindica-
tion of himself, (which I read,) and summed up
the substance of it in a paper that he gave the
sherifiii : but suspecting they might suppress it,
he gave a copy of it to a friend. It was a fbrt^'
nigut before it was printed, though we bad all
the speeches of those who died for the popish
plot printed the very next day. Bnt, when it
was understood that written copies of Sidney^
Sfieecli were going about, it was ako printed.
In it he shewed his iimocenca; diat lord
Howard was a infamous person, and that no
credit waK due to him : vet he did not deny, tbe
matter lie swore against him. As for his book,
be shewed wliat reason all princes had to abbor
Kilmer's maxims : for if primogeniture from
Noali was the ground settled by God for mo-
narchy, then all the princes now in the world
Hsere usurpers : none claiming by that pedi-
gree, and this primogeniture being only in one
person. He mid, mce God did not now by my
5i7] STATE TRIALS. 33 CAaeubs II. \6BS.^fcr tie Rjfe^BvMse Phi. [51«
deGiara*iniofliiiwi}?»Mof old by prophets, maik
oat nioh or miefa penonsftfrpriiioes, tbey coald
hie, but what was JbundedoD law and
and Ibis was that in which the differ-
lay between lawful princes and usorpers :
jfuooutusioQ was a donation irom God, (which
Funier had substituted to the conceit of priino>
genitnre), then every prosperous usurper had a
good ri^t. He osndnded with a prater, that
the nation might be preserred irom idolatry
and tyranny. And he said, he r^iced that he
snflfeied for the old cause, in which he was so
early engaged. These hst words furmshed
mnStk matter to the scribblers of that time. In
1» imprisonment he sent lor some independent
preaehers, and expressed to them a deepre-
none for his nast sins and great ccmfidence in
the mercies or God. And indeed he met death
with an unooDoeriiedness, that be<:ame.one
srho had set up Marcus Brutus for his pattern.
fie was but a very few minutes on the scaffold
at ToweT'-HiJl : he spoke little, and prayed very
sliort : and his head was cut off at one blow.^'
Hr. Fox, in the Introductory Chapter to
Jus History of the Reign of James the Second,
writes thus of these transactions :
** Of the Rye-house plot it may be said,
ttacfamore truly than of toe Popish,* thaX there
srasinit some truth, mixed with much lalse-
faood ; and though many of the circumstances
m Keeting's account are nearly as absurd and
riifionhms as those in Gates's, it seems proba-
ble that there was among some of those ac-
cused, a notion -of assassinating the king ; but
whether this notion was erer ripened into what
may be calleda design, and, much more, whe-
ther it were ever cTincedby such an overt-act
ss the law requires for oonnctkm, Is very
donbllul. In'^regard to the conspirators of
hi^ffaer ranks, from whom all suspicion of par-
ticipation in the intended assassination has
been iMig since done away, there is unques-
tionably reason to believe thai they had often
jnet and consulted, as well for the purpose of
asoettaining the means they actually possessed
as for that ,of devisipg otners, for aelivering
^dr coontrv from the .dreadful servitude into
which it had fallen ; and thus far their conduct
nppears clearly to have been laudable. If they
went inrther,*and did any thing which ' could
be fairly ooostrued into an actual conspiracy,
to levy war a^nst the kins^, they acted, con-
■idering the disposition of me nation at that
period, very indisereetly. But whether their
proceedings had ever gone this length, is far
hook certain. Monmouth's communications
with the king, when we reflect upon all the
drcumstanoes of thosecommnnicationB, deserve
net the smallest sttention ; nor indeed, it' they
^d, docs, the letter which he afterwards with-
^ew, prove any thing upon this point And it
is an outrage to common sense . to call lord
(irey's narrative, written as he himself states
* &e Tol. 6, of tj^ CoUecUon, p. 1403, 1405.
in his' letter to James the Second, while the
oilestion of his pardon was pending, an au-
thentic account. . That which is most certain
in this affidr is, that they had committed no
overt act, indicating the imagining the king's
deathy even according to the most strained
construction of the statute of Edward the
Third ; much less was any such act legally
proved against them. Xud the conspiring
to levy war was not treason, except by a recent
statute of Charles the Second, the prosecutions
upon which were expressly limited to a cer-
tain time, which in these cases had elapsed ;
so that it is impossible not to assent to the opi-
nion of those who have ever stiffmatiz^ the
condemnation and execution of Kussci as a
most flagrant violation of law and justi<^.
** The proceedings in Sidney's case were stii)
more detestable. The production of papers,
containing speculative opinions upon govern-
ment and liberty, written lonff before, and |»er-
haps never even intended to be published, to-
gether with the use made of those papers, in
considering them as a substitute for the second
witness to the overt act, exhibited such a com-
pound of wickedness and nonsense as is hardly
to be paralleled in the history of juridical ty-
ranny. But . the validity of pretences was
little attended to, at that time, in the case of a
person whom the court had devoted to destruc-
tion, and upon evidence such as has been stated,
was this great and excellent man condemned
to die. Pardon was not to be expected. Mr.
Hume says, that such an interference on the
part of the king, though it might have been an
actofherdc generosity oould not be regardeti
as an indispensable duty. He might have
said, with more propriety that it was idle to
expect that the government, after having in-
cnmd so much guilt in order to obtain the sen-
tence, should, by remitting it, relinquish the
object, just when it was within its grasp. Th#
same historian considers the jury as hiffhly
blameable, and so do 1 ; but what was meir
guilt, in comparison of that of the court who
tried, and of the government who prosecuted,
in this infamous cause i' Yet the jury, being
the' only party that can- with any colour be
stated as acting independently of the govern-
ment, is the only one mentioned by him as
blameable. The jArosecutor is wholly omitted
in his censure, and so is the court ; this last,
not Irotm any tenderness for the judge, (who,
to do this aiiuwr justice, is no favourite witli
him, (but Jest Out iodious connection betwe^
that branch of the judicature and the govsm-
ment should strike the reader too forcimy ; for
Jefieries, in tliis^ instance, ought to be re-'
gardedasthe mere tooland iostrument,.(aflt
one, no doubt,) of the prince who had ap-
pointed him for the purpose^ of this and similar
services. Lastly, the king is gravely in tro-
dooed on the question, of pardon, as if he had
had no prior concern in the cause, and were
now to decide upon the propriety of extending
mercy to a criminal condemned by a court m "
judicaturs ; nor are we ogee reminded whM *
Sigj STATB n^tALS, 5^ Chaiiles IL f 69d.^7Ha2 d/ Tkdmoi WditcU [S^O
thai jndicataie wtts, by whom appointed, (»y
whom inflttencefi, by whom called upon, to
receive that detestable evidence, the very re-
collection of which, ev^n at this distance of
time, fires every honest heart with indignation.
As well might we palliate the murders of Ti-
berius, who fieldom put to death his yictims
without a preyious decree of bis senate. Tlie
moral of all this seems to be, that whenierera
prince can, by intimidation, corruption, illegal
^idence, or other such means, obtain a ver-
dict against a subject whom he dislikes, he
may cause him to be executed without any
breach of indispensable duty ; ndy, that it is
an act of heroic generosity, if be spares him. ,
I never' reilect on Mr. Hume's statement of
this matter but with the deepest regret.
Widely as I differ from him upon many other
occasions, this appears to me to be the most
reprehensible passage of his whole work. A
spirit of adulation towards deceased princes,
tliQiigh in a good measure free from the im-
putation of interested meanness, which is justly
attached to flattery, when applied to living
monarchs ; yet, as it is less intelligibJe, with
respect to its motives, than the other, so is it
in its consequences, still more pernicious to the
general interests of mankind. Fear of censure
nrom contemporaries will seldom have much
effect upon men in situations of iinlimite<l au-
thority : they will too often flatter themselves,
that the same power which enables them to
commit the crime, will sectire Ifciem ftftm te«
ph>ach. The dread of poolfaitmoiui hiiianyv
therefore, being the only restraint, tbnr cos-
sciences excepted, upon, the paanoas ef mhIi
persons, it is lamentable that this last* deftnoep
(feeble enough at best,) should in any dcgfree
be impaired ; and impaired it most be, if not
totally destroyed, when tyrants can hope t»
find in a man like Hume, no ieas eminent for
the integrity and benevolence of his heart,
than for the depth and soundness of his vn-
derstanding, an spolugist tor even their tbolert
murders.
*' Thus fell Rnssel and Sidney, two nanen
that will, it is hoped, be for ever dear to crerV
English heart When their memory nhatt
cease to be an olgect of respect and veneratteuf
it requires no spirit of propiiecy to foretell that
English liberty will be fiist approaching te itn
find consummation. Their deportment was
such as might be expected from men who
knew themselres to be suffering, not for their
crimes, but for their virtues. In courage tbey
were equal, but the fortitude of Russel, who
was connected with the world by private and
domestic ties, which Sidney had not, was pot
to the severer trial ; aud the story of the fast
days of this excellent man's life, fills the minA
with such a mixture of tenderness and admira-
tion, diat 1 know not any scene in history
more powerfully excites our sympathy, or
I more directly to the heart."
* See the preceding Introduction. The
Proceedings in Scotland against Rumbald,
A. D. 1685, are connected with these Triate.
A brief account o^' those proceedings is given
by Founta&nball, which, together with any
more particular repjort which may be obtainea,
shall be insetted in its chronological place.
See, too, the duke of Monmonth's Case in thnt
same year, and the Caaenext tnmiediately sttc-
nftedlngthiaofWakot.
295. The Trial of Captain Thomas Walcot,* at the Old Bailey, for
High Treason: .35 Charles II. a. d. 1683.
ThUB8D.\Y, Jiily 13, 1683, at the Sessions- I devil ; and die trne duty, and natural obei-
House in the Old-Bailey, London : The court | dience, which trae and faithi'ul subjects of
being met, and proclamation made for attend-
ance, the proceedings were as follow :
Thomas Waleot being set to the bar, and
after having held up his hand, the Indictment
^^Q& read as follows :
**- London. The Jurors for our sovereign lord
the king, upon theii' oaths, present, That t'ho-
mas Walcot, late of London, gentleman, as a
fal% traitor against the most" illustrious and
excellent prince, our sovereign lord Charles S,
by the grace of God, of England, Scotland,
France and Ireland king, his natorel lord, not
having the fear of 6ml in his heart; nor
weighing the duty of his allegiance, but being
rtioved and seduced by the mstigatinn of the
sovereign lord the king, towards him onr said
lord the king, do bear, and of right ought to
bear, wholly withdrawing-; and with his whole
strength intending the peace and common trm-
qoillity of this kingdom of England to disturb^
and war and rebdlion against onr said lord the
king to move and stir up, and th&|[nveraiDent
of our said lord the king within this kingdona
of England to subvert, and onr said lord the
king from his title, honour and kingly name
of the imperial crown of this his kingdom tii
Entfland to put down and deprive, and our aniil
lorn the king to death and final destmetion to
bring and put, the Sd day of March, in the year of
the reign of our sovereign lord Charles 9, fcinp
of England, &c the Ave-and-tbirtietfa, mA
divers other days and times, as well before as
after, at the parish of St Michari BassiriimW,
in the ward of Baasislmw, London, albresaid,
maliciously and traitereosly, wil^ divers ocbar
traitors, to the jurors aforesaid unknown, dni
consphre, compass, imagine and intend onr said
lord the kmg, nis supreme lord, not only of liis
kinglv state, title, |K>wer, and government of
this nis kingdom of England to deprive nnd
throw down, but also our said loni the king to
kill and to death to bring and pot, and the
§21]
tTATH TDALS, 95 CflittLBi IL id^S^fifr IBgh Ihat&ni
lin {
ef thM U^ ldB|dtai id
to cbwi^ aller, nd wholly to nb-
I a ■HMMe dflugMr amiiigat tli«
•lAjMts of owr nid Uftd «b« kifef , tfanncfiUl
whole hinytau of Bngtond, to oitm ■nd pro-
euro, and nMHveeliKi end reboHioii against euf
teid lord the king to mofe, and idr up, withm
this Idngddm of Ei^and: And to foMU and
perfect the said most horrible treaaons, and
traitereas eompaaiin^y imaginatione and par*
poeea elbreaaid, the said Thomas Wfdcot as a
falie traitor^ then and there, and diven other
dm and tunes, as well heftire as 'after, ma-
KaeoBly, tralleronsly and adfisedly did as-
seDsUe, meet tog^er, and 'consult with the
atbrtsatd other traitors, to the jurors aihresaid
nnknown, and with them did treat of and fixr
the executing and perfecting their treasons,
eottpaasings, imaginations and purposes albre-
said; and that the said Thomas Waloot as a
fids^ traitor, malictoasly, traiterously, and ad-
nsedly, then and there, and dirers other days
and times, as well before as alter, did tdce upon
himself, and to the aforesaid otbo* traitors did
promise to be aiding and assisting in the exe-
ention of the treasons, and traiterous oompas^-
ings, imaeinatiQns and purposes aforesaid ; and
in protimng armour and armed meo, to faliH
and perfect the said treasons and traiterons
eompassings, imajfinations and purposes afore-
said. And the said most wickM treasons, and
traileroas oompassings, imaginations and pur*-
psaes foresaid to fhlfil and bring to pass, he
the said Thomas Waleot as a fhlse traitor, ma-
fiooosly, traiterouilly and adtisedly, then and
tiiere did procure and prepare arms, to wit,
Uunderbottes, caridnes, and pistols, against
the doty of his allegiance, against the peace of
enr eoreretgn lord ^e king, his crown and
dignity, and against the form of the statutes in
that eaiie niade and provided, Arc.**
\ CL of Cr. What f ay est thou, Thomas Wil-
eotf Art thou guilty of this High Treason,
whereof thou standest indicted, or f^ot Gmlty P
Capt. Waicot. Not Guilty.
€/. ^ Cr. Culprit, bow wilt thou be tried ?
€?apt. Waicot. By God and my country.
67. ofCr. God send thee a good deliverance.
Then were WilKam Hone, John Ronse,
and William Blague arraigned, who pleaded
Not Guiky to theh* tndictmelits ; and the court
a^oomed tiH the afternoon. When Thomas
Waicot bebg again brought to the bar, after
some exceptions, the following jury was im-
faanelled : tiz. Nicolas Charlton, Christ.
Pitts, Robert Beddingfield, John PelUng, Wil-
liam Wiftdbury, Thomas^Seaton, William Rut*
land, Thomas Short, Tbeophiltts Man, John
Oenew, John Short, Thomas Nicholas.
Cryer, O' yes. If any one' can inform my
leids the king's justtoes, &c.
I. C. /. (Sir Prands Plemberton) Mr.
^hertfls. This Is an extraordinary casfe ; it is
reasonable the eridencc should be well heard :
I require yott both to keep the court quiet. Mr.
Tanner, swear the king^s evideiiee one at a
fme.
Clerk. Thnmm Waleot ^ Hold «p thy hdnl^
Ysv of tte jury, latfk «imi the priimier^
aadharkentohis charge: Hetftands hidiotaA
by the name of Thomas Waleot, gent pfvui
in the Indictment before, mtamiit mmimndki
Upon this iadictBawnt he hath been arfa%n-*.
ed, and therennto pleaded Not Guilty, an4
for his trial pot himself upon his eoontry $
which eowitry yon are. Yonr charged to
inquiie, Stc.
Mr. North. May it please yonr lordship, an4
yon that aro sworn, the prisoner standi
charged. That he l»ing a folse traitor to the
king, and tnteridiiiglo raise war and rebellimi
against the king, and to bring his majesty tH
an mtimely death, did on the tad of March,
hi the S5th year of the king, at the parish of
St. Michael Baasishaw. meet with other trai-
tors like himself, and tnere conspired to bring
thefe treasona to eifect ; and accordingly pro-
mised to be aiding and assisting to provide
arms for it ; and did actnally provide several
arms, as carbines, blnaderbuSBes, and pistols,
for tlm perpetmting this treason. This is
the charge, to which he says he is Not Guilty.
We will call our witnesses and prove it, and
then von are to And it.
Ait. Oen. (Sir Robert Skwyer.) Gentle*
men of the jary, the prisoner at the W is ac-
cused of the highest of crimes, High Treason^
against his sovereigd lord, in compassing the
murder of the king, in raising rebellion nithin
this kingdom, to the orerthrowing of the best
Constitmed, and the most excetlent government
in the worid. Gentlemen, he does notstend
alone; and therefbre he is charged in die in-
dictment with a conspiracy with many others $
I aro heartily sorrr to say there ire many.
Indeed there is hardly any kingdom of natiop,
wherein there are not discontented persons,
whose narrow fortunes, or malevolent spirite,
render them uoeasy in that condition God
Almighty hath put them ; but til find me6
that pretend to be Christians, Or to hafe any
thing of virtue, and under the best of govern-
ments, that indeed is a matter of wonder^ and
indeed it - casts so great a stain and f&proadb
upon the Protestant name, that it is not to be
wiped oif, but by ihe set^r^ rtfttice ef the
kingdom. Gentlemen, this dei^wa* for k*
general rising, and at the same time to assassin
natethe king and the duke of York: This in
the design which the whole course of our evi-
dence wUl open to you, and lies so naked, that
I hope no Englishman that lives, but wtH sea
through these men, that have niade siich a
noise and tumult in these latter days. This
design to assassihate the king, and the rising,
was designed te be in October last, mtpbn thfe
king's retuni from Newmarket; and at that
time there was a noMelord, that is gone now to
his own place,* aS will attpear by the eridence,
that furnished them witn considerable sums off
money, for tl^e providing men and srms Ifk
the asSasBUiating the Idng at that time ; but titfc
assassinates were not then ready, es God ftp-
pomM they should net be ready ; aad so at
525] STATE TRIALS, S6 Cuaub^ 1
Ihm timft they ware cKnimQiihted. Then Hie
genenl vmog wai put off ml qitoen Elizabeth's
Say, whiph wiU open jroiir eyes to see upon
what grounds the tomuhaous meetings were
enoNiraged in the city, to the terror of all
honest men : But that Hsing was abo disap-
pointed becaiue some of the conspirators were
not ready with thmr men in the country. And
then, gentlemen, though it was pressed on by
the pmon I. mention^, he then thought it
Sfh time to leave these confederates to them-
?es. Gentlemen, afler this we shall trace
them in their aerenil mee^higs and consuka-
tions: for there was a time, that thc^stmgvled
with themseli^es, which should be effected nrst,
whether thev should first kill the king and the
duke; pr whether they should first rise, and
prosecute him in an <^en rebeUion, and destroy
nim that way. And the course of our evi-
dence will shew, how iB^;enious these men
were ; for it appears there were men of great
ingenuity and courage, as appears by the pri-
soner at the bar ; and they would discowse of
these matters in phrases, that common persons
should not understand them.
Capt Wulcot. I do not understand yon.
Att. Gen, I speak as loud as I can. At
their meetings, for cutting off the lung, that
< was the executing of a bargain and sale ;*
and ' a shorT conveyance,' to come to their
end. The raising of a war, that was under
the potion, and so to be discoursed of, of < eze-
« cttting a lease and rdease, to work both upon
* t|ie possession and upon the reversion :' and
Qoider these mystical terms they discoursed of
all these sulgects, when they were in public
places.
Capt. Waicot. I do not hear.
AtL Gen. You will hear the witnesses, and
that will concern you more. Then, gende-
men, in these several meetings they contri?ed
to allot every man in his part ; some were to
provide arms, others were to provide men to do
the ezecotion, which was last resolved upon to
be at the Rye, upon the king's last return
from Newmarket. Gentlemen, in all these
parts, which I hope to prove, the prisoner will
appear tohave apincipal part in them all : in
all the oonsuhations and advisings for the
raising men, wherein he was to be a principal
commander, according to tlie skill he hath ;
but fin* the assassination at the Rye, Rnmbold
was to conduct the men hired fiir thatpurpose.
Gentlemen, accordingly the tnne was appomted
for his majesty to come, and the assassinates
to nteet hm tnere : but it pleased God, that
that was disappointed by a miraculous fire ;
for so all Englishmen may call it: and whereas
they wire to go down on Friday to Rumbold's
house, and the king to come up on Saturday,
the fira brought him to town on Tuesday : but
BQtwithstanmnff this great providence to divert
tiiem, Rnmbold and others of the confiMleraftes
VBSohred to go on with it still; and se?eral
places were ^tpointed, and sef&nl officers
were appointed to view those places, either
hetiTMDHamptoii'Caortaod WmdMnr, or else
to do it at the Play-houses, or npen the Kiag**
passage firom the Play-house, by Bediord^wall
at Covent-Garden ; but if tliese should fiul^
they were resolved to do it at the BuU-feasi.
Gentlemen, they went further; they provided
arms ; which very arms oppoitimely fell iuto
our hands : we seized those very arms thai
were boufi^ht fi>r that purpose to kill the king'
and the duke. We shall go through with it ;
I will name you the material plains of their
meetings, that so you may understand the wit-
nesses ; 4he Green -Dragon tavern on Snow*
hill, the Salutation tavern in Lombard-street,
the Angel tavern near the Exchange, and Mr.
West's chamber in the Middle-Temple; these
were some of the principal places, though they
had sevei-al other places, wherein aU theee
matters were consulted and transacted. They
had* prepared a new model of government, and
they were for overturning all, as all these po*
liticians do ; though they had a most excel-
4ent government, yet they had a better in their
own brains ; or, at least, their share woukl he
greater in it, as all rebels have a prospect of.
GentlemeD, for the other parts, we shall have
less occasion to give evidence of now ; for
every one had their particular part ; some for
ihe great design of the rising, soi^ for the
killing of the king, whereof that gentleman^
the prisoner, was one ; and there were other
parts assigned to others, for taking and sor*
prisinj^ the Tower. We will call our witnesses,
and prove all that we have opened, and make
it as clear to you as the Sun shines : such e
prodiffious villainy nothing but a firebraad
from bell could kindle in men's minds, to kill
the best of kings, and to destroy the best fiwne
of government. Gentlemen, I do not question
your justice, but that this man shall pay what
IS due to the justice of the kingdom.
Seij. Jefferies, My lord, I only desire to
give an account of the method of our evideiioo.
Capt. Wakat. My lord, I desire I nnay have
the favour of pen and ink.
X. C. J. That youshall have.
Seirj. Jefferies. My lord, and vou, gentle*
men of the jury, Mr. Attorney hath abneedy
given you an account of the design that was
to be put ia execution by apprcel of evil men,
whereof the prisoner at the bar we chaig^ to
be one. We shall not detain tou longer with
opening the nuOter, but beg the favour of die
Court, that we may acquaint you a little with
the method we intend to follow in calling 4»mr
evidence for the king against the prisoner at
the bar. In the first p£oe, my loid, we will
call our witnesses, to give your kurdship and
the jury satisfoction, tMt there was a design ia
general, and that that design was first intttded
to be a general rising over all the kingdom ;
in which design the prisoner at the bar bad a
rety considerable share ; and was looked upon
to be a very proper and fit person for the ma*
nagery of that part of the design : for other
meetings, and at what plaoes, Mr. Attorney
hath srnady opened to you. We will thee
oomete more particular agieemtnta that wer»
8
5t5] STATE TRIAL9i 35 Cit Atl^BS IL l£t3^>r B^h TWmmu
teweenthefliy inordertodi^CMrryiiigoii thk
admirable good worii, aa it hath been truly
stated, for Sie destroctioiiof the best and most
merciAil of kings, and for the destmction of
the best of religions, the reUgion of the Chnrch
of England. 1 take notice of it, because all
mesk may know, the most of these persons^
nay all of them, concerned in this heUish con-
spimcy, were dissenters irom the Church of
Engfaiod.
And the better to efiect this horrid yiUainyf
(I am sore I want words, and so does any man
else, to express the baseness of these crimes,
the better to effect this thing) the way it was
to be done, was by taking off the king, and
by taking off his brother too. At lengtn after
several debates, and some proposak made be-
tween these persons, they came to a determi-
nation, and an actual resolution, to take off the
king, and his royal brother. My lord, we will
prove generally, that this was the intent of the
design, or the Plot in general. My lord, we
will tfaien give yon an account, that they en-
tered into sereral consultations for a new
model and frame (tf government ; for they in-
tended to set up the people, and Uiev had even
fixed a certain superiority, and resolved, as all
people of their prmciples have a mind, acoord-
mg to their several inclinations, to fix the
power in the people ; gentlemen, an old tenet,
that bron^t tne King's fother to that untimely
and ho^d end, by fixing the power in the
people. These gentlemen had a raind to insi-
nuate and engage the people, by fixing the
power in them, and saying, that public pro-
clamations were to be maoe. -And after this
horrid and barbarous murder intended upon
the king and the duke, there wer^ dedarations
10 be made in the names of such and such
* lords, and the associating' menabers of the last
House of Commons ; these were the persons
th«wgfat fit, in whose hands the power of the
whole inngdom should be lodged. Gentle-
men, after we have givon you an account of
the several meetings, then we will come to the
prisoner at the bar, and prove against him, tliat
he had not only an hauo-in the first part of the
plot, about the rising, but he was also to be one
of those villains that were to murder the king :
•I cannot express myself in more moderate
lermsy and I am sure no roan can blame me
that hears the proof. Gentlemen, when we
have thus given yon this evidence, I hope we
shall satisfy the Court, and all mankino, that
persoiM that have been thus guilty, under pre-
tence of religion, or under any other pretence
whataotver, are fit objects* of the severity of
hmmm lawn. If we prove against the prisoner
at the bar^ that he had an hand in this horrid
coaopiraay; 1 make no doubt but you will shew
yoarselves to be Englishmen, loyal men, and
overtake all men that thirst after the king's
Mood.
SoiicUor General.' (Mr. Finch.) Gentle-
mcD, we will call our witnesses; and as no man
can doobt, but the murder of the kine, that
file de9i*£fo, would havo been seconded by a
I [5^6
power to back that horrid viUauiy; toweshall
shew TOO, that this jifentleman wasoonoefned
in both parts, in the uninediate assassination of
the long, and the raising of arms. We need
not go about to ffive you an history of the thing
any other way Sian m applyinj^ it to this per*
SOU) for there is no part of this conspiracy ho
can clear himself fitom, and all the evidence
that speak of this design, speak of this man aa
a chief actor in it.
Att Gen. Call col. Rnmsey. [Who was
sworn.]
SoL Gen. Col. Rumsey, Pray, give my lord
and the jury an account of what you know of
the prisoner at the bar, whether he were con-
cerned, dther in rebtion- to the murder of the
kinsf, or the raising arms.
£. C /. Mr. luimsey, raise your voice so*
audibly, that you may be heard.
Col. Itunuey. The first meeting I had with
this gentleman was at Mr. West's chunber.
Att. Gen. Before you begin to tell of your
meeting, oive an account of any rising that
you heara of.
CoL Rum$ey. Sir, about the latter end of
October, or the b«finning of November, I was
with my lord Shaftesbury late at mffht, and ho
told me. That the duWe of MonmouUi, my lord
Russel, my lord Grey, and sir Thomas Arm-
strong', were at one Mr. Shepherd's house,
near Lombard-street. He desired me to go to
know what they had done about the raisinff
arms at Taunton. I did go, and Mr. Shepherd
carried me up to them, and they told me. That
Mr. Trenchard had failed them about the mcii»
and they could proceed no further at that time.
L. C. J. What Shepherd was this ?
RumM. Mr. Shepherd, the merchant, near
Lombanf-street, one Mr. Thomas Shepherd.
And so I came to my lord the next day, and
told him of it ; and then he made his prepara*
tioo to begone for Holland.
L. C. J. What discourse had yon with my
lord Shaftesbury thereupon ? What did he say ?
What made yOu believe he made preparatioo
to be gone ?
Rumtey. MyUord, he said there was no de«*
pendence upon those gentlemen that^'met, and
ne would leave England. After that, a fort*
night or three weeks, there was a meeting ona
day at Mr. West's chamber, and there was
Mr. West, and Mr. Goodenough, and Mr.
Wade, and somebody else there was, but I
cannot remember his name. Captain Walcot
was in Holland then. There it was proposed
nothing was to be done by a general rising ;
but there was no surer way thwi to take off the
king and the duke ; and that to that intent and
Kurpose they could not carry it on without
Ir. Ferguson ; and so he was writ for into
Holland ; and he came out of Holland upon
that letter, and captain Walcot with him. After
Mr. Ferguson's coining back from Holland,
there jras very suddenly a meeting again, and
then it was concluded, that nothing was to ba
effected without taking off the kmg and the
duke, or to that purpose. Mr. Ferguson was
5S71 STA1« TR(AL8, 35 CBAmLBS IT. l6tS.^rrlal of TtomoM WOeai, [63ft
notatthatnMiafif. Hwm were two or time
nwBOtings before eaptaio Walcot was tlMre, to
find om men^ aiid Ibey could not find out a
unmber of men, without which Mr. RnmboM
woald not undertake it. So, about three or
four meetings after, captain Waloot came ;
and be waa resblred at last Id join in the matter ;
but he would not have any hand in attacking
the coach, but be would command a par^
that should charge the guards.
L.C.J. What did hesayp
Rumsey. He would not meddle with the king
In the coach, but he would command a party
that diooM ohafge the guards that came along
with him.
Ati, Oen. After what manner was it settled
that it should be done ?
Rumsei/. There were sereral parties; one
small party was to have killed. tne posnlion,
another to kill the horses; and Mr. Rumbold
with a certain number to seiae the ooaeh-, and
eapt Walcot the guards.
Att, Oen. Where was it to be done ?
Rumsey , At Mr. Rumbold's bouse.
L. C. X Where is that ?
JRunmy. Near Hodsdon. * ,
L. C. J, For what purpose was Mr. Rum-
'b(M and those other men to attack the ooaoh ?
Runuey. To murder the king and the duke.
X. €. J. How was it designed to be done,
by pistol, or how f
Rumsey, By blunderbusses, and if they miss-
ed, then swords.'
Att. Gen. Did they gire any dirediovs
, vbout preparing arms ?
Rkmsey. When that time iailed,. after the
ftre fell out at Newmarket
* Of this House is given at the end of Sprat's
History what is called ** aparticolar account
of the situation of the Rye House," as follows:
^ *' The Rye- House in Hertfordshire, about
eighteen miles from London, is so calM from
the Rye a m<»dow near it. Just under it there
is a by-road from Bishop'b-StriRford to Hod-
desden, which was constantly used by the
kJag when he went to or from Newmarket ;
the great road winding much about on the
right-band by Stansted. The house is an old
strong building and stands alone, encompassed
with a mote, and towards the garden haa-high
walls, so that, twenty men mi^t easily defend
it for some time against five hundred. From a
high tower in the house all that go or come
may be seen both ways fbr near a mile's dis-
tance. As you come from Newmarket to-
wards London, when yon are near the house,
you pass the meadow over a narrow cause- way,
at ^e end of which is a toll-gate, which having:
aalered you go througii a yaid, and a little
field, and at ^e end of that through another
gate you pass into a narrow lane, where two
eoaehes at that time could not go a-breast.
iThis narrow passage had on the left hand a
tikick hedge and a ditch, on the right a long
fanffe of building used for corn-chambers and
MMaa wkh sereral doom and wiudows looking i
J
X. C. J. When vaa thii to be dmw?
i^imttey. When the king retiamad finooa
Newmarket.
L,€.J. About what time .'
Rumtey. The Saturday before Easter.
L. C. J. I don't ask you the day ; but waa
it when the kmg was lant at Newmarket, or
before? ■
Ruimty. Last at Newnaricet.
L. C. J. When he was last at Newaurket,
in his i^etUm from Uienoe ?
Rumaey. In his return from thcnee.
L. C. J. Whereabouts P
Rumm. At Rumbold'a house, which w
near HoMou.
X. C. J. In Hertfordshire ?
Rumsey. In Hertfonlshire.
X. C. J. And you say, thoae aiethoda were
chalked out by them, that Rumbold and some
odiers were to attack the coach, others to kfll
the postilion, others to kill the horses; aod
4iis ffentleman, with a commanded party* was
to fiiH upon the guards ? You say tnis r
Rumsey. Yes, my lord.
Capt. Walcot. I would beffleave, my lord—
X. C. J. SUy, Captain Walcot, you dnU
have leave to alsk him any thing by and-by ;
but you must irst let the umr's counsel hava
done with him. . ^
Ait. Gen. I would ask you what you Jomht
of a design at aay other time?
Rumsey. I do know nothing, I heard by Mr.
West, but I kaew nothing berore.
X. C. J. About what time was this resolu-*
ktion taken up, aa near as you can ? I aak
neither the day nor the week, but abopt wini
month?
Rumsey. The beginning of it was in Fe*
Inruary.
X. C. J. LastFebmary?
Rumsey. Last February. Mr. Ferguaso,
and captain Walcot, came to this town Ufon
Ash-Wednesday.
Ser). Jefferies. l^liat othev mectiiiga wtru
you at. Sir ?
Rumtey. This was the first, when the pri*
soner at the bar came in. The first tioM waa
into the road, and before it a pale, which then
made the passage so nanow, but is siacc re*
moved. When you are past this long buildings
you go by the mote and the garden wall, tfaSi
18 very strong, and has divers holes in itHiraagb
which a great many men aught about. Along
bv the mote and wall the road continues to tlia
Ware-river which runs about twenty or thirty
yards from the mote, and is to be paafe br n
bridge. A sosail distance fVom tboice another
bridge is to be past over the New-river. la
both which passes a few men may eppooa
gr^ numbers. In the outer eourt-^jwd,
which is behind the long building, a eonaulcr*
able body of horse and foot might be drawn i^
unperceived fh»m the road; whence they
might easily issue out at the same thne wta
each end of the narrow lane, which waa nlaala
be stopt up by overturting a cut.''
St9]
STATE TMALS^ 95 CHAUBfl II. iS^S.-^for tSgh'Tirmtm. [BSO
at Mr. Wert's diwibar, where h^ canie : th^te
it was consideredaod debatetd!
S^rj. Jeffkries,^ery well, you say that was
the first time capt. Wakoot came in ?
JUuMfy. It was at Mr. West's chamber :
ftaa was before the king came fnuii New-
market that thev were to do this, and tne Dum-
ber of men oouid not be gc| resdy ; so there
were sereral meetings afterward at Mr. West's
<Aamber, to consuh whether they could raise
the number they resohredupon, and there were
sates brought by Mr. Goodenough, and Mr.
Rwnboldy m maoy names, I cannot say who
ebe brought notes of the men*s names, to see
that they might not be deceived in the num-
ber ; and that time captain Waloot was there,
and did undertake to £[o to Mr. Rumbold's
boose ; and I think did go down to the Tery
phoe.
X. C. J. Look you, l£r, Was there any
number of men insisted upon for doing this-
riUai&y?
Rums^, Capt. Rumbold did insist upon 50
men.
L. C J. But capt. Waloot, How many was
be to have?
Kumteyu It was not dirided to a perfect
BBffiber.
8eij. JefferUs, What other meetings were
yea at with captam Wafeot?
RtanstM. I was at the Salutation with him,
and the Green-Dragon with him.
Seij. Jefferies. Where is that ?
Rttna^. The Green-Dragon on Snow-hill.
Serj. Jefferies. Where is the Salutation ?
Rumsetf. In Lombard-street.
Serj. J^ffferiei. Now tell what disoourses you
had there ?
Rvm$^, That was about dividing the city
into 80 parts, to see how many men could .be
ruaed out of every part, and they were to be
divided into fifteenths, sdmI every man to lead a
fifteenth, that they might not be at a loss.
Att, Gen. Who was intrusted with this to
4*it?
RMntey, Mr. Goodenough, Mr. West, and
Mr. Wade.
An. Gen, What account did they give of
what they bad done ?
Runuey. Mr. Goodenoug'h gave an account
of 7 |iftrt8 of the 20, and said out of them would
be raised S,000 men, and made an estimate, that
the other 13 would not raise above as many
more; for those were the noiost considerable
parts, as Wappti% and South wark.
Seri. Jefferies, Mr. Rumsey, pray what
censnitation had you afterward, and vrhat was
done after ?
I*. €. J. Pray let us go on a little gradatim.
What was the reason, that this was not effected
whm the ki^ returned from Newmarket ?
Rumtey, The fire happened, and brought the
king sooner from Newmarket than the men
eoQid be got ready.
L. C. J. Was there a day appointed for the
dsidethts? Had yoa a prospect wh^ the king
woidd return?
VOU IX,
Runmy, Yes, it was commoaly talked thai
St w&uld he the Saturday before £aster, but hs
came on the Tuesday before.
L, C. J. Then give. us an aecomit how thai
deugn was disappointed at that time*
Rumfey, The fire happened in Newraaricet^
and the;^ were all in confusion^ and couki not
get their men ready by Tuesday; the new*
came upon Friday to town.
L,C.J. Of the fire?
Rumsey, Of the fire, and there was a meel^
ing. Mr. .Ferguson lodged then in Gerent^
Garden, and sent to severel to come to him, to
see if men cohM be got together against Tues-
day, when the king was to come in ; and Jt
could not be done, and it was laid aside wr
that time.
Ait. Gen. Upon that^ what resdlutinn wat
taken?
Rumsey. Then they bad a roeetingi and
Ferguson was not there, there was capt Wal-
cot, Mr. West, and Mr. Goodenough t this waa^
isomediately after this disappointment : - 1 am
not certain whether it was in Mr. West's cham«.
her ; and that Aere might no accident happen
afterwards to hinder it, it was resolved, tnat.
money should be raised for the buying of arms ;.
and llr. Ferguson undertook to raise money to
buy arms, and Mr. West did undertake to prp«
vidn them. •
Att, Gen. Who undertook to provide men t
Rumsey. Mr. Goodenough and ^^T. Rum'
bokl.
L. C. J. Look you, colonel Ramsey, after
this disappointment, wheu thts^n^ln^eting^
was, had you any further design upoq the
kin? then ? — Rumsey, Yes, my lord*
X. C.'J. Give ustsome account of that*
Rumsey. It was to be done a commg frem
Windsor to London, or from Windsor to
Hampton Court, or the Play-house;. ai4
therefore that arms should be ready againsi
any opportunity that should happen, let it be
what it would : and Mr. West did undertake
to provide arms, and he told me he bought
them, and did not get his money in six or seven
weeks after. A day or twa after, goinff to Fer-
guson, he told him now he might have his
money, if he would send a note to major Wild-
man ; but after, he was told^ that ma|or Wild-
man would not pav it by note, but he must
send Mr. Rumbold to him for it ; for he would
trust nobodv else but him* And so Mr. West
did send Mr. Rumbold, and he was there at
his house by six o'clock in the morning, but
he was gone out of town an hour before ; so
Mr. West went to Mr. Ferguson, and he then
told him, that he should liave money in two
or three days, if he would come to him ; and
Mr. West did go to him, and he paid him 100/.
Att. Gen. Was there any provision made
for a rising now again ?
Rumsey. Yes, this general rising, by this
division of the city, was intended to he ready
against the first opportunity that happened.
Att. Gen. Berore this discovery, did you
keep up these meetings i
u
53 1] / STATE TRIALS, 55 Ch ahlbs II. l6B3.— Trbl oj Tlmm Wak^, [iS'Z
Sol, Gen. When was'your last time?
•; Rumsey. My lord, I think it was the very
Thursday betoi^ the discovery; but then on
Friday or Saturday we had inklings that this
was discovered, and did meet 4it the George
upon Ludeate-hil). /
L,C.J: Who' met then?
Runuey. I think it was the^ery Tliursday
before ; I am not yery certain ; we met at ;the
Salutation in Lombard-street, and there was
captain Waloot, Mr. West, Mr. Wade, the two
Goodenoughs, and Mr. Neltbrop, and myself.
Att. Gen, What did it come to, jffvyy what
was your discourse then and resoluUon ?
Runuey, The resolution was still to carry
it on. We'went thither to know of Mr. Good-
enough what was done about the other thirteen
Itorts ; he told us he had no aoconnt, but he
said, he thought he should have a meeting on
fifaturday in the afternoon at Ludffate^hill, at
the George, to have his answer ; but the dis-
covery comiag, there £d only ooeet Mr. Nor-
ton, Mr. Bourne ; — there vras another, I don't
know who the other was ; there was a fourth.
■Att, Gen» Mr. Rumsey, pray, after the
di866very, what did you r^olve upon? What
meetingB hadyou upon your flight P
Rum$ey. We met at captain Tracy's.
Aft, Gen. What day was that?
Runuejf. That was upon the Monday after
&e discovery.
Seij. Jtf/. Who WM there?
iKumseyi Thera was captain Waloot, Mr.
Wiest, Mr. Wade, Mr. Nehhrop, the two Qood-
^onghs, anfl Mr. Femson.
Att, Oen, What did you discourse of there ?
ittimtejr. There was ezclaiming against Mr.
Keeling, and taking resolutions to bejAMie.
. L.C,J, Mr. Keeling! What was Keeling?
Rumtey, lVIr. Keeling was he that made the
discovery.
Serj. Jeff'. Have you ever been in Keding's '
company ? I
Rum$etf. I was that time we met at the 8a-^ I
Intation { he came in tliere for a quarter of an
hour.
L: C. J. Look yon, Shr, do you know capt.
Walcot? Are you liure it b that gentleman at
the barf — Rumtey, Yes, my lora.
X. C. J. Hath he owned always the name
ofWalcotP— jRvniK^. Yes, my lord.
L. C. /. What did he say to Mr. Keeling,
when be came to the Sahitation P
Rumsey. There was in that very day's Ga-
sette a tifori of the rising at Cofe^pw, and one
ChiUck that headed them; and said Mr. West
to Keeling^ he should be our Gidick.
Att, Gen. Fray, how did he interpret it at
that time?
Rwmsey. Mr; West said, that Gulick was
Keeling, Gru was Keel, and lick wasing.
8erj. Jeff A quirk upon his name.
Att. Gen. When you resolved to fly, had
you any discourse of making a stand, and
ngkting the goivernment then ?
Rutmey. Not that I know of, I was not all
thfttine with them.
. X. C. J, Look yoiiy colonel Rumsey, let
me ask you this : nbat was Keeling to do P
Was there any poet assigned to Keeling in
this ? — Rumtey. 1 never saw him before.
X. C, J. How long was it beibre the dis-
covery that yon did see him ?
Runuey. The Tliursday before.
X. C. J. At the Salutation tavern ?
Rttms^, Yes : he was there called Gulick.
Serj. Jef. If captain Walcot will ask hhn
any questions, he may.
X. C. X Look you, Mr. Walcot, now joa
may ask col. Romsey ; tdl me what questions
you would have asked, and I will ask him.
Capt. Walcot. I desire colonel RumsW mar
be asked, Whether I ever met at Mr. Westv
chamber, till after hb majesty's return from
Newmaiket ?
X. C. X Look you. Sir, you bear the ques-
tion ; it is. Whether ever Mr. Walcot met with
Mr.' West, till after the king's return from
Newmarket?— Rumsey. TiU after?
X. C. X Till aftor the king's return:
RuTfiiey. Yes, S^.
Capt. Walcot, My lord, I baye suflicieiii
evidence agabst that.
Seij.. Jm- I think that he was to nndertaks
the Guarofi; that was before the /king came
fitmi Newmaricet
X. C X He hafli given tins evidence. He
was ibere, and he would not attack the coach ;
he would not meddle with the king, but he
would fall upon the Guards.
Capt. Walcot, Shall 1 npeak a word, mr
loid?
X. C. X Look yon, I will tell ^ou, you
shall have your anfRvers to these things ; yoa
have pen, ink, and paper. / \
CMt. Walcot. But I haye a bad' fnemery^
and 1 am afraid I shall ibrget thb yenr thinfc.
Serj. Jdf. I hope the jury will not jorget it.
X. C. J. Look you, Mr. Walcot, we muse
not admityou to break in upon the king's evi*
deuce. When that b heard, you shall hav»
your liberty to make your answer to any thing,
and call any tvitness.
Rumsey. My lord, I will give one instance
more: there was one meeting at the Five Befla
in the Strand, where there was only Peiyieimy
captun Rombold, Mr. West, Gooiwnou^, and
myself: and Mr. Feipison told us that ntglit^
that captain Wabot would come the next
meeting we had at Mr. West's chamber.
X. C. X Then captain Waloot was not witb
you at the Five Belb?
Runuey. Mr. Fei^guson told us he would
come in the next time at Mr. West's chamber,
and there he did come.
X. C. J. And thai vras before the Idnf went
to Newmaiket. Pray, Sir, answer thm. Wan
this befoffrthe king went to Newmarket, or netf
Rwfttey. No, my lord, thb was when lie
was at Newmarket ; for the kipg'was at Ne«r-
maritet when he and Mr; Ferguson came fnm
Holland, the king was then at Newmarket.
Serj. Jeff.. Now we wiU <^l Mr. KeeiSli|^
(Who was sworn.)
535J
STATE TRIALS, 35 CfiAHtES 11. l6^.^for'BighTna$<m.
Ait. Gen. Prey, will yoo acquaint my lord,
«Dd the jury, what you um>w of these conspi-
vaciea toachiiig this man.
^ Kgeiimg. l^me time, my lord, before the
went to Newmarket, 1 was at the Sun-
TiTern, and in compaoy with Richard Rum-
bold, Richard Goodenongh, and some others.
GoodeiMNigh calls me forth of the room, and
asked me, what men I could procure ? I asked
Urn,' Ibr what purpose ? He said, to go down
towards Newmarket. I asked, for what end ?
He aid. To kill the king, and thb duke of
York. I told him, I thought none. Before
the king caine from Newmarket be renewed
Ilia qoestion to me again several times : I had
in the interim some discourse with Burton
and Thompson. Burton told rob, That Baiber
wonkl be concerned; and he also told me,
Thompson wonld. The Saturday after the fire
happened at Newmarket, Rumbold came down
ID m]r house on thd Friday, the day that tlie
news w«s of the fue^ the day that he commonly
esme to town, he came to my house; it was
en the Friday, to see those men I oould pro-
core, and he desired to see them on the mor-
row, which was the Saturday before the king
returned. The Saturday idler the fire I went
imo London, and met Blr. Rumbold that day
at the Ejcchange, and he then put me in mind
of the matter j^;ain. 1 did go to Barton and
Thompson, and Barber ; tlie place appointed
an Saturdar was the Mitre-TaTem, at the
comer of Doke-place, whhin Akigate. He
dkl meet there, where thore was some dis-
course happened tendbig to that matter fay
Rumbold ; the substance of which was, .Whe-
^ ther they were willing to go down ? i think he
caOed the place by the name of The Rye,
that is his. house; there bang, says he, no
greater conveniency than in that, I believe
scarce in England, for the executing such a
design, bebg an house Very intire to itself, and
1^^ remote from neighbours, b^kies the ad-
Yaniage that belongs to it of a court or wall.
And, among <Aher discourse, this was an aigu-
raemt to prevail with those persons : for, saith
he, it win be a keej^ing one of the command-
ments, to JuD the king and the duke of York ;
for, Bitys he, if that Se not done, there will be
ethetwise a ffreat deal of bloodshed committed.
He also tola us the way that he designed to
effect this at his house ; That he had a conye-
nienr^ for omr horses ; and that there would be
so many to shoot at the postilion and the horses;
and there wonld be so many appointed at the
esacli, and so many men to attadc the guards;
and if there was a milure in shooting the coach-
horses, that then there should be men in the
habit o£ ooontry-men, with a cart in the lane,
and they shoufi ran this cart athwitrt the lane,
and so atop the coaeh. I believe there might
he same otner parUcnlars, which, at present, I
do net remember. From thence we went to
the Eitchanffe« and there we met in the atlec-
nosnatlhelMdbin-Tavern in Bartholomew-
lane; theve was Rumbold, West, Goodenough,
uA HflOA Hm j<Miier. And after wa bad bM
[534
there a little, West asked Rmnbold, Whether
he heard the king would come home that
night? He said, Yes,. he heaird, so; 'but Mid
West, I believe he won't come till Monday,
and I hope he won't come till Saturday ; for
that was the day appointed to go down to the
Rye, to meet the king and the dake of Yoi^.
said Rumbold, I hope they will not come till
then: But, said West, if they do come. How
many swan-quills must you haye ? How many
goooe-qoills ? And how many crow-euills, witn
sand and ink, must yon have f Said they, six
siran-quills, twenty goose-quills, and twenty
or thirty crow-quids. * ' ' ^
L, (X J. Explain that.
Keeiing. I am coming to it. I a^ed West
or Rumbold, or both en them, what they in-
tended by it ?i They toid me swan-quills veers
blunderbusses, goose-quills/ muskets, and
crow-oyilla were pistols, sand and ink, powder
and bmlet. Hiis is all, my lord, as freniember
in general as to the design.
£. C. X What can you say oonoeming the
prisoner at the bar?
KeeHng. I was at the Salutation-Tayam,
and captahi Waleot was there ; and when I
came w, thefs Iras some person called m9
Culing, and 'I a little stranged at it, not know-
ing the meaning, ^ys 1, gentlemen, What
do you design by it ? Says one, here's a ffood
health to our English Ouling. ,Says West,
CttKng in Dutch is Keeling in> English. And
says Mr. West, 1 hope to see Mr.lKeeling at
the head of as good an army in Wappiiug, as
Cnling is at Collen^ 1 suppose captain Waleot
remembers it yery welt I can say no more.
Sir, to the prisoner at the bar ; I remember not
to have seen him any other time upon this
design.
Seij. Jef. Would the prisoner at the bar ask
him any qoestions ?
Capt. Waleot. My lord, I don't remember
any such ^ing. Ir you please, my lord, to
ask him, whether I call'd him Culing, or said
any thing more or less to him.
Keeling. I don't say you did, biit you ^fvera
by, that 1 say.
Seij. Jeff. I think, Mr. Keeling, yoa wer^*
ike person that made the discovery ; give an
account of it for the satisfaction of toe world.
L. C. J. Upon what occaskm did you re-
veal this?
Keeling. If your lordship please, I will give
you an account There was somethinif Mp-
peo^ before that- time. Some time before this
thing was discovered, Goodenough came down
to my house, and 1 went with him to drink a
dish of cofiee, and there was in company with
him Richard Rumbold, and his brother William,
that I believe Mr. Waleot knows ; and when
we were by ourselves, he pulls out some papers
out of bis pocket, and gave me one. I asked
him what'he meant He told me he had di-
vided the aty and suburbs ifflo twenty parts/
and there were three divisions : and, says he,
yen know the persons better than 1, and who
yancaa traat wift it One is yoimelf, and f
no
tlie king Uxaa Wincisor t9 Hampton-Court, but
ft was to be at the bull- feast. And says be,
these men are to be in readiness, and it is de-
siga-.'d, that the thing should be laid upon the
Papists as a branch of the Popish -plot He
idso told me there was one drawing a declara-
tion which would relieve poor people of that
wliich seemed most bunlensome to them,
which was the chimney-money : and then the
f ommon people would fall in with tiiem more
readily.
^tL Gen, How came you to discoTer it ?
K^Un^, I will tell you, Sir : I was troubled
ui my mind about it, and do declare that was
' the only reason. I thought I did very ill in not
discovering it, and I bad no peace, nor satis-
&ction, nor content, nor did i mind my busi-
ness, nor could I tak^the rest that at other
. iimes I did, and that was the moving cause,
mild no other. I thoughi^ if it were a sin in-
David to cut off the hem of Saul's garment,
it was a sin in me much -more to kill mv
l^og. ^ ^
L. C. J. Was there any post in this case as-
signed to you P Was it requite of you to do
ftny thing yooraelf more than to ntise those
men, and know whether they were in readiness?
Were you designed to go down to Rumbold's
house r Tell what part you were to act.
Keeling. In th^ first place, I was to. raise
som^ men ; but I thought they looked upon me
$>r one (o go down myseU' with some men I
raised ; but I rememl!er not that 1 was asked
the question.
Z*. C. /. Were any of those men to go
4ownf
Keeling, Those three I named were to go
,^(r>im, Burton, Thompson, and Barber.
^ Att. Gen, Call Mr. Bourn.
]^ C. J. Tell us the manner of your reveal-
ing and discovering this, who you discovered
jit to.? »
Keeling. I revealed it to one Mr. Peckham.
X. C. J. Who did he bring you to ?
Keeling, To my lord Dartmouth.
L, C. J, And so you did discover the whole
^ i>usiness to him ?
. J^eeling. I had offered to discover it to an-
other man before, but I thought he was care*
}es§ ; so ) did not tell him positively what I
(hPUght to |el| him, because i«aw j^e slighted
the matter. He was a minister of te, Chaveh
of Eujg^land. Thoi I went to Mr. Pecklwiii»
knowing he was intimate at court, and ffoia
thence to nov lord Dartmouth, and then I
carried to Mr. Secretary Jenkins.
|SS] STATE TRIALS^ 35 Chaei.bi( II. 1^5.<-'IKaf 9f ThmM Wkkot, \S2G
would have you take t^ your assistance nine or
fen men, tnore or less, that you may communi-
cate it safely to ; and they were to go to se-
rai persons, and ask them, Supposing that the
Papists should rise, of* that there sirould be a
general insurrection, or a French invasion, are
you in a pdsture of defence ? This was all we
^ere to communicate of the matter to them,
and this was to feel tbem, and see hbw many
men they could raise. And he told me there
was a <lesig& to kill the king, and the duke,
which was designed to be done at the boll-
feast : for Mr. West had told me it was to be
dune between Windsor and Ham'ptoa-Court. I
aaked him, if that design'went on ; and he said
fur the duke of York seldom came with
AtL Gen. Was there no design to take off
the mayor or the sheriffs in particular P
KeelifUL, I will tdl you : Goodenoogh did
tell me, That the design was to secure |he lard
mavor, and the sheriffs ; and he told me, they
had a design to secure the Tower.
AH, Gen. Were you employed to arrest my
lord mayor ?
Keehng. I did arrest my lord mayor.
L, C. J, ' What are you ? How come yoa to
arr^t my lord mayor r What are you by pro-
fession ?
Keeling, A white salter, or oil-man.
L. C, J, How came you to arrest my lotd
mayor ?
keeling. I was put upon it by Goodenoogii
and those men.
L. C. J. As a special bailiff?
Att, Gen. He was a special jbailiff.
Keeling. Under the coroner?
Serj. ^ff. A special bailiff under a dpecial
coroner.-
Mr. Baron Street, Was this coroner at any
time of your meetings ?
Keeling. No, my lord.
Mr. Baron Street, I am glad he was not.
L. C. J. What say you, cant. Walcot?
Capt. Walcot. My lord, I nave nothing to
Sbl. Gen, Call Zachary Bourn.
[Who was sworn.
Att. Gen, Pray will you recollect your-
self, and tell what knowledge you have of the '
prisoner, what meetings you had, and what
w^s agreed?
L, C. J, Raise your voice a little.
Bourn. THe occasion of my knowing capC
Walcot, was Mr. Ferguson's kidgii^i at my
house. Capt Wakwt used to come thitber, but
it was some time bdbre I changed any words
with him.
Att, Gen, Speak aloud, Mr. Bourn.
Bourn, Mr. Wade came presently after I
came to town Irom the Wefls, and said I must
needs meet in such a place, it was at tlie Dragon
upon Snow- hill, whera we met several o&n
l>eside8 capt. Walcot : the business was a de-
sign to raise men, and divide the city into 90
divisions, in order to the securing of his ma-
jesty, and the duke of York, jtnd setting up tbe
duke of Monmouth.
L. C, J, Was it securing, orkillinff ?
Bourn, It was not kiuing, I thmk ; we
never expressed it killing at those meetings.
1 think, eveiT time I met tbem» capt. Wakot
was there. Once I was at the Salutation in
Lombard-street.
L. C. J. What was the result of your meet-
ings^
Botim. To makeall expedition imaginable.
L. C, J, Was it disooersed bow, or in what
maimer, those persons weie tp he xaisadf
537]
STAT^ TRlALSb 89 C^AUBS IL l68d.^#r High TtnmiMi.
t55S
]>aiH refer younelflotlMcvidcnee tliat wwt
bdMe, butlell it yoondf.
&Km. Theoity was to liedmded idW SO
4ivBi<m8v and to .niae as maoy moi as ihev
eouklout of tfaem ; but theJF were not to taU
tbe direct busiBess, bvt if tlwfe should be oe-
casibn, or the pafasts ihoidd rise, they miffht
know their strength, and .what they were tdile
,todo.
Ait, Gem, This was their inrelenoe, because
it shoold not b^liM those men.
JL C. J. Did Mr. Goodenoiigfa hAag any
aocoust of it f
Bourn. Mr. OoodewMigh brought an ac-
oouat of abootfeor thoasud ; three, I think
it was, or yeiy near, ent of those dinnons he
had an accoaaA^^f. .
L, C.J. Was capt. Wak»t there at that
time?— '&afn. Yea^
Soj, J^. Y^hen the discourse was about
aecunn^tne king, and 4^ duke, was captain
Waloot there P—Bottm. Yes.
JL C. /. Did you hear what parties were
deMMid to be in this act ?
&mm. They were not oometo that.
L. C J. Didyoubradc off from them beA>re
that?
B&um. Ko, .the discovery prereoted it.
L. C. /. When was your first meeting ?
About what time ?
Bourn. About ten days bderethe disoorery
was naade. <*
X. C. J. Was Mr. West ait any of your con-
subs?
Bourn.- Yes, at some of them, and captain
Waloot was at three of them, if not at all, I
think.
L. C. J. What was to Be dime?
Bottm. They were to hare seized my lord
mayor, and the two sheriffs, and some of the
aidermen, and the chief mimsters of state
about town.'
BaroD Street. Was there any body designed
fer that particular business ?
Bourn. No, not then, it was not come to
that.
Ait. Gen. Was^ there any thing about my
Lord Keeper?
Bourn. Yes, Mr. West did say to me, it
should be my business to secure my Lord
keeper, I told him, I did not care to meddle
with any of my neighbours. He said he would
call him to account with all his heart, he would
pot him in ramd of CoUedge.
Att. Gen. Pray were you employed to
speak with any of the npn-conformist ministers
about it P
Botcm. I would hare spoke to two of them,
and i)r. West was unwilling ; for he said, the
toinistere bad destroyed all designs, erer since
ComtantineVtime, and he would ha^e nothing
to do with them now.
Att. Gen. When was your last meeting, be-
lore thedircoTery that you were at ?
Bourn. The fefoturday before tbe discovery
we met at captain Tracy's, and that evening we
httl some intimatioii toat there was a disco*
rmj made. And 1 weal again on Btonday
Att. Gtn. Who was there ?
Bourn. Captain Walcot, Mr. Ferguson, Mr.
Goodenough, Mr. West, Mr. Norton, and
myself; one captain Pottle came in, but he did
not slay.
Att. Gen. Colonel Rumsey was there too,
was not he ?— Botcrn. Yeo, Sir.
' X. C: J. And what did you resolve lipOD
then?
Bourn. Truly they resolved upon nothing ;
I left them upon the debate of killing A.
Keeling.
Att.Gen. Whywould they kffl him? Was
that debated among them ?
Bourn. Yes; because he made the
covcry.
Att. Gen. Did) you hear them talk of stand-
ing to it with swords in their hands ?
Bourn. Yes, rather than be hanged, they
thought that was the better way, aiM to hava
Keehng dispatehed out of the woiid.
L. C. J. ijook yoU) Sir, did any of them
talk of sectiring themselves ?
Bourn. The next morning I went again,
and they were all gone but Mr. West, they had
all secured themsdves. •
L. C. J. Was the prisoner at the bar there at
that time, when they consulted about kiUingf
Mr. Keeling ? Was he there at that meeting
on Monday morning ?
Bourn. He was there at captam Tracy's ;
he was there, 1 think, all tbe while, while I
was tibere ; fbr I was not there all Retime.
L. C. J. (To Walcot.) . Now, Sic, what
question would you have ?
Capt. Walcot. My lord, if you please, f
woula ask whether he ever hearu me say any
thing, more or less, of assassinating the king 9
JL. C.J. In the first place, did you hear any
thing in general of assassinating the king ?
Bourn. 1 did hear of it, my lord, when tiiu
thing was over« And as to his question, I did
never hear him discourse of that matter. I
understood the design was prevented.
L. C. J. Who did you understand that from ?
Bourn. From one Mr. Row, and Mv. Fer-
guson.
Att. Gen: Pray, in all your meetings, war
there no discourse of killing the king and die
duke? — Bourn. Very little.
;. Seij. Jeff. The discourse was about securing
the king, while Walcot was' there ?
Bofim. There was such discourse in several
meetings.^ It was said, it would be well if
they were off, and the iliscourse was about
lopping.
Att. Gen. Pray tell my lurd, what discomse
you bad of lopping, and the general point.
Bourn. They said, there was no way like
lopping them.
Att. Gen. What was understood by that ?
Bourn. The taking ofi* the king, and the
dulse of York.
L. C. /. Was that the usual phrase amoug
yon to signify that f-^Boum. Yes, my lord.
539] {STATE TRIALS, 35 ChablsS II. i585.*-7Wfl/ ofThmuu Wdkoi, [540
Jb.C. J. WashcthcTO?
Bourn, 1 have heard it several times, and I
muppo9&be was at the hearine of it.
£. CT/. (To Walcot.) Look you, sir, he
speaks of the time V discourse of securing the
km^, and savs you were there then.
CtiyU Walcot. I had no hand in it.
Att, Gen, We will nail it home upon yon ;
we will call Mr. West. [Who was sworn.
Serj. Jejf, Come, Mr. W«t, do you tell my
lord and the jury the whole story.
West, My lord, I came acquainted with thfe
prisoner at the bar last summer vacation, by
the knowledge of one Wilcocks, who, I snp-
poae, retumra his money out of Ireland. I
neard a very fair character of him, and he, I
suppose, met with such an one of me ; which
did mcline us both to an intimacy, and to talk
freely with one another. About the middle of
October, I observed a geneitd discontent in the
city, and was afraid there was some desi^ in
kand, and was very inquisitive to know it : I
was unwilling to be mvolved and surprised into
a sudden ruin, and so thouglit fit to inquire of
them that were most likely to be concerned . I
' took capt. Walcot for one, being infoni^ed that
my lord Shaftesbury had sent tor him out of
Ireland ; and capt. Walcot told me, that my
lord was also sending for some Scotisli gentle-
men, on occasion of Carolina ; but tnat he
was very cool in Carolina business, and that that
was but a pretence. My lord, one morning
capt. Walcot came to my chamber, and we
discoursed concerning the election of sheriffs
carried on in the city, contrary, as we thought,
to the justice of it: savs he, will the peoole
do nothing to secure themselves? With that
be told me a secret, and said there was a de-
sign of an insurrection to be made within three
weeks or a month, thfU would make us free,
or worse. I iM him, I thought it was a cer-
tain way to bring us in a worse condition, and
tiiat it was very full of hazards. He told me
then, be^d not know whether he should be
concerned : but a little while after he told
me, my lord Shaflesbmy was enga^ in such
a design, and he had engaged him in it, and he
told* me, he had an expectation of beiiig a
colonel of horse, and asked me, if I would
have any command under him ? I told him, 1
knew some gentlemen of the Tenrole that 1
might engage in it ; but told him, ihad not a
constitution to bear the toils of war. My lord,
he toM me then, that my lord Shaftsbury, to
the best of my remembrance, had another de-
sign upon the king and the duke, as thev came
from Newmarket in October last ; but he told
me he abhorred any such thing, it was unge-
nerous, and he would not be concerned in it,
but only in a general insurrection. But this
be did tell ode, I think, before the thing was
to be executed. I imparted it to nobody, till
idler the time of both was past: butintbedis-
course of tho insurrection, he told me, 1 should
loid him a suit of silk armoor, whidi I bou^t
about fimr or five years ago, when the Popish
PloCbnkooiit; udho vooU hare had me
k^t that, and used tt myself, which I did de-
cline. Then be told me he had very godd
swords in Ireland, but he wanted them here.
Says he, I am a man that am observed, be-
cause I have a correspondence with my lord
Shaftesbury; and asked me. If I would pr^
vide him a good stiff tuck. I told him I would,
and I did bespeak one ; but before it was done,
the design was laid aside, and the tnck was
left npon my bands. 1 came to understand,
that the design was put off by means of Mr.
Trenchard, who had dtsoouned about a fort-
night before of great forces he could raiae in
the West ; and the duke of Monraooth sent
for him, but his heart failed him, and he could
not false any men ; upon which, my lord
Grey called him coxcomb. This was about
the 19th of November.
AU. Gen. What time of November ?
West. The 19th.
Att. Gen. But upon what day ?
West, dueen Ehzabeth's day.
Att. Gen, No, Sir, that is the 17th.
West. Now afler this 1 understood by capt.
Walcot, that Mr. Fercruson had the manage-
ment and conduct of me assassination in Octo-
ber, and that he likewise was acquainted with
the insurrection, and was a wretJL man in it. i
metVith Mr. Ferguson, and fell into discoone
with him, and he treated me, as he always did,
with a long story of the miseries of Scotland, and
that the people were all in slavery and bondage,
and would be so here, if they did not free them-
selves : And, says he, Uiere are two ways thougbt
upon for it; one is by a ffeneral bsurrectioB,
and that is gone off; me other is a much
more compendious way, by killing the king,
and the duLe of York! My lord, I told him, I
thought the first way was a dangerous way,
that the people were in no soirt of capacity to
carry it on, that the govemm^t had the navy
and the militia, and this would at the best entail a
long war. He told me he thought the other
was the best way, and we wefkt to a tavern,
where col. Rumsey, and one Row, and he and
1, went.divers times. Tliey proposed to meet
at my chamber as a plaoe of privacy, and little'
observation. My loni, when th^ came Uyny
chamber, Mr. Ferguson proposed several ways
of doing it One way was, as the king and
duke had their private visits in St. Janica*a,
where it was an easy thing[ for aword-mes to
kill them. There is one thmg I have omitted,
and that was after the design of Oolober had
miscarried, I think, to the best of myreumn*
ranoe, capt. Walcot told me, there vras another
design of attacking the king and the duke «t
my lord mayor's Mst in die hall, or in dicar
retnm home, in Paol's Chnrbh-yard, or at
Ludffate; and Mr. Ferguson did nkewiaetell
me the same thmg, but the king not dininff
there, the thing was whoHT disappeiBted.
Another way that he proposea was, that they
should do It as the iring and the duke weal
down the river, they showd lie behind aona
smalishipa within a noy, or some sHob tlung,
and so OTcr-ma their ba^ ; and If thatfidleo.
^41] STATE TRIALS, 55 CHAELVt IL l683.— /nr Bigk Tr^ofim,
1542
tbcj shouMl bitftk a plank with their.blfUidcr-
biHaes, and so sink them. Another way was
at the play-hoase, and that was to be doae m
tiib maimer ; thereshoaklbe40or 50 gotioto
the pit with pocket-hlniiderbiMses, or band-
Uonderbnsies, and pigtols and swords; and
when die mosic slnick np between the acta,
they ahonld fifte upon the box; bntthittbey
thought was hazardous, and therefore they
thought it better to do it as he came back, and
pilcfaed upon Covent-Garden under Bedfbrd-
Oardea waU, beeause there was a conveniency
lor a great many men to walk in the Piazxa,
and there might be another parcel of men
planted at Govent- Garden Church-porch, and
whlun the raib, where horses could not come ;
and while the men within the raib fired, thai
men in the Piazza mifffat engage the guards,
and they in the churchoporcn to come down,
and secure them from escaping.
Sol. Gen, When was this time ?
Wat. I think it was before Mr. Ferguson
went tor Holland. Andp my lord, there was
another thing proposed : I thmk it was colonel
Ramsey did say» He wondered that the lords
great men, that were so fond of the thing, did J
not raise a purse, and buy somebody an office,
who should rail against the duke of Monmouth,
and the Whigs, and by that means get hhnself
an opportunity of access to the king's person.
My lord, after these discourses, when my lord
Shafteabary retired io Holland, Mr. Ferguson
thonght fit to do so too: He was afraid of a
book that he had printed, and away he went,
and captam Walcot with him* In the mean
time I met col. Ramsey several times, and
aeraral things were ofiered but nothing resolTcd
upon, A little after Christmas we met at the
Mutation tayem in Lombard-street, and there
it was agreed we should send for Mr. Fergn-
aon ; and there I writ a canting letter, that he
would come for his health ; for he was the
only man that could manage the affair. When
he came over, there was one meeting at the
Fire- Bells, but I came just as they were com-
ing away, and cannot say whai passed there.
After that, they came sereral times to my
diamber ; and tnere Mr. Ferguson, Mr. Good-
enoneh, and Mr. Rumbold, undertook to pro-
vide 3ie men.
JL C. J. The men, foi) what ?
Wett. The men ibr the assassination : that
1 was not concerned in, either in person or purse,
or to procure any body* tor it. And they did
agree to do it in the going to or from New-
markety and thereupon were sereral debates,
whether it should be done at their going or
coming back. Agaii|8t doing it goinff down,
it was objected, That the guards were left here
and there, and they went together ; but very
often they retunied apart, and therefore it was
not the safest way going down ; and nothing
also bein^ prepared, so it was resolved to m
done comm(^ back. Then.it was considered what
arms should be provided: Mr. Kumboldwas
the man to manage that matter, and was to pro-
atre some blunderbusses, some carbines^ and
some pistols ; hot there was nothing to be
prepared, as I. know of, by other iiersons, but
ever^ man was to provide himsdf. Several
meetings there were, they broucht theif notes,
and conferred together about the' men ; but I
remember no names, but Keeling, and Burton ;
and Mr. €k)odenough said, he had spoke to one
.Hooe a joiner ; and, I think, he spake of one
Manning, and these are all the names I can
reroemTCT. After they had conferred their
notes, I asked Mr. Ferguson, what provisions
of money he had madb. Says he, I shall have
n^oney wden the men are provided, but not till
then : For, said he, the last time there was
some money raised, and put into a roan's hand,
who never returned it; but since I understand
it was paid to Mr. Goodenough, And Mr.
Ferguson said, Mr. Goodenough ca!led him
fool, for returning" some money he had, and not
keeping it for nis own use; and my lord
Shaftesbury had often complained of tnat in-
justice done him: The cokmel said, Mr.
Chariton should pay the money. There was
a ftnrther debate, now these arms would be got
down to Mr. Rumbold*s : It was proposed, to
send them down by Smithfield carts in chests :
Others, to send them down by trusty water-
men, who were to cover them with oysters:
Others, that the men should carry them; but
no resolution taken : Then it was considered, how
they should get off. The next thing was, how
they should execute this, snd it was proposed*
That one party was to foil upon the coach-
hoTMs, a second upon the coach, a third upon
the guards : captain Walcot would notunoer*
take any thing but the guards.
Capt. Walcot. What do you say, Sir f
Wett. Sir, I do say, yon were at my cham-
ber, and did say, yon were to command that
party of horse that were to attack the g^ardt.
It was to be done at Rnmbold*s house ; they
were to lie there perdue^ tiD the king just came
. down upon them.
Seij. Je/f! At the time of the assassination ?
Wett. Yes, Sir.
Att. Gen. Where were these arms to be car-
ried?
Wett^ To Romlwld's house. I did not see
it: But he said he could keep them all private,
where nobody could see them till the time of
the execution ; and that there was a eate iSney
were to pass through, that he could mxt upon
the horse-guards, mat they should not be abk
to come in for their relief. Mr. Rumbold said,
he would bring them off ; and said, he thought
it dangerous for them to go to the road- way ;
but he would bring them over the meulowa,
and come in by llackney-mareh: But tha
way which the prisoner did most approve ni,
was, That they should retire within ms wall,
there keep till night, being a place they could
defend against any force tor a day's time.
Att. Sen. Where was this resolution taken ?
Wett. This resolution was takenat my cham-
ber : my lord, as to the attempt, when thaj
designed to make it upon the Icing's coming
from tha play*house, one Mr. Row said htMl
543] STATE TRIALS, 55 Charles IL lesau-^Trialo/ Tkemai ffUedt, [5^
diecoursed with oue Giibbons, that was the duke
of Moi^Dooudi's serrant, about it, and asked
Um, if any of their f^auiy knew of it? Yes,
' says he, they all know of it, but they will not
be seen in it ) and said, that be shewed him the
place.' My lord, in one of the discourses I had
befi»re Mr. Fergusoa went for Holland, I had a
mind to be rid of the thing, but I did not know
how } 80 I created difficiuties, and sai'd, i mp-
pose the dnke of Monmoulh is to get most by
jt : what security wiUyou have, you shall not
bB hai^^ when the thing is done? He is
bound, said I, in honour to hang us all, and make
iaquisitioa for this bloody otherwise they will
say he is aparty. Says he what if I get it under
his hand ? But, said l^ ^s^g^^gp hisserrants, and
that win stick upon him. There is one ^ing
I have omitted, which was in the first discourse
with' captain Walcot ^x>ut the insurrection of
l4ovember, he told me, Aat my lord Shafts-
bury was preparing a declaration to be publish-
ed, mease of an assassination or insurrection;
mod he asked me, if 1 would undertake to do
one too ? for, says he, I would have several
peonle draw it, to pick one good one out of all.
Ana hb told me lie had made some oollec-
tioos towards it, andsbewedmea paper, which
was acoUection of all the passages in the three
king's reigns, king James, Churles I. and this
fcing^d, that he calfed attempts to introduce ar-
bitrary government and popery ; and concluded,
taxing them widi some personal vices, and that
the government was dissolved, and they were
Ate to settle another ggoveimneot : these I per-
ceifed, were the topics my lord ShaAsbury
llaid weight upon. 1 told him that thia did re-
4iuire m exact knowledge of the history ef those
tuises, and I would not undertake a thin^ to
whidh 1 was notoompeteQt ; ^d so he desired
ine to bum the paper» which I did; but Ibr any
oCSer declaration, my lord Shaftesbury kept his
^ paper to.himsdf ; uid I never did seeit, tlmugh
I iresired it.
. Be^.Jtffl Ganyouremeniber in whose name
the Declaration was to run ?
Wut. No,.l do not remember that.
Att. Gen, Afler the disappointment, what
meetings had you ?
We$t, Sfr, I will tell you : when the news
ofthe fire came, they adjourned to my chamber,
and there conodevra what Aey shoulcido : they
were in op readiness, nor had any horses ; nay
I believaithelthing could not hare been effected,
if the ^tsi had not happened ; and I was very
glad it could not ; but for that, I am in the char
rity of the court. They did epdeavour to pwt
jthinffs in a posture, to see if It could be done
anotper day ; I think they m§t on Thursday
night, and Friday night ; but they said, the
king would be athome the next day, and the
, thing wasslaid aside. My lord, a day, I think,
or twpisftec, I went into the cit\ , and went td the
' Do^hiu tavern, where I met with colonel Rum<(
■Mv, and tbis^lb*. Reeling came in, he was there
llUong of- blunderbusses and pistols in down-
jight English : 1 told him, it was a foolish thing
t9 talk so befors drawees, and th^ was the oc^
caswn'of ^ling them by the namea ofSwana-
ffiulls. Goose-quills, and Crow-quilla. After
tois thing we met (he next wed(, not at my
chamber, oolonel Rumsey was mistaken in tba^
but at the George and Vulture. Tbere was capt.
Walcot, Mr. Goodenough, Mr. Ferguson, ome
Norton, and one Ay lifiT: tb^discoiui»d of the
late disanpointment ; and that one reason was,
theyhad not arms in readiness. Then they
agreed, that arms should be bought, and the
number was ten blnnderbusses, that should be
SO or 2S inches in the barrel : 30 carbines, 18
inches : and SO cases of pistols, to be 14 incbee.
My lord, it was put upoo me to provide theiii»
for this reason, because 1 was serviceable ite
them no other way, and could have a pretence
for buying fhem, because I had a phuitation in
America ; hut Mr. Ferguson wa^ to pay the
money. My lord, I did bespeak the arms, and
paid tor them with my own money, and was nei
paid again a great while ; Mr. Ferguson disap-
pointed me ; but at kst told me. If 1 would
send to msjor Wildman, he would pay me.
But he told me before that, one Mr. Cbarletoa
when he came to town, would pay me, but I had
none of him. So I told him, I- bought those
arms upon a pretence I intended to use them,,
and had spoke to a sea-captain to carry them off
to a plantation where I had a concern myself..
After that, Mr. Ferguson sent to me to take my
monev : so I came to him ; and found wita
him Mr. Chariton, and anoUier gentlemaiiy
whom 1 could not distinguish, because it was
duskish. Mr. Charlton went down, and theo.
saya Mr. Ferguson, 1 hav^ your ;noney for
yon ; and he paid me in fourscore sind thirteen
guineas, which was something more than tb^
arms cost ; and said he had not the money
above half an hour in his bands ^ by which I did
guess it was Mr. Charitoo)^ money. Another
tiling was, at last meeting with Mr. Ferguson*
hedid say, there was a man employed to see
what convehiency there would be for an assassi-
nation between Windsor and Hampton Court ;
but that was never reported, and so laid aside. ^
This is all 1 can say concerning the assassina-
tion: but I believe tbey did mtend to carry it
on ; for colonel Rumsey did tell me, he saw
the heartsof all the great men were upon it ;
and it would be convenient to have an army to
back it. But in case this assassination had gone
on, these things were to be done. It was de-
signed, the lord mayoi' and Ae sheriilb should
be killed, and as many of Uie lieutenancy ad
they could get : and the principal ministers of
state, my lord uaUfax, and my lord Rocb^f^
tliat now is, and my lord keeper ; for which
tbey gave this reason, because he had the great
seal ; and my lord Rochester, as like to stand
by the duke's interest ; and my lord Halifax*
as being one that had professed himseli'of the
party betbre, andturned.fromtbe riffhtside and
had put the court upon that which otherwise
they never would nave acted, nor had the
courage te have done. As for my lord keeper*
They said they would hang him for Ae murder
ofCoUedge* and upon tbe same post Colledge
he sai4, he mw 4ie king come hj buttiHfb six
guards, and beHe^ed he could have done it with
six men, if he had been provided with arms.
This is all T can say, except some Httle dis*
course, which I have not tmie to reduce into
method. About Christmas, colonel Rumsey
told me, there was a design carrying on among
the lords, and great men, by whom I always
understood the duke of Monmouth, my lord
Russel, my lord Grey, lord Howard, colonel
Sidney, major Wildman, Mr. Hambden, for an
insurrection ; and that this was designed to be
done about March. Colonel Rumsey and I
were discoursing of it ; and colonel Rumsey
thought it fit to draw up some things, tiiat we
should require of them to do for the people ;
and a paper was drawn np, but my lord Russel
said, they were rejected, and all should be
lefi to the parliament. And colonel Rumsey
said, The ooke was inclined to gratify the par-
Uament ; bjit the lords about him were for
great places, and they would suffef him to ^o
nothing.
Serj. Jeff". Now tell ns about Culing.
West. Idined at a tavern with cotonel Rum-
sey, Mr. Wade, Mr. Nelthrop, Mr. Goode-
nough, capt. Walcot, and Mr. Norton.
Seij. Jeff. What was your discourse there
about r
West. There was no discourse that had any
particular point.
Solicitor General. Was there nothing of di-
vision of the city ?
West. Sir ; Goodenough gave some general
account, but nothing was done upon it. While
we were there, in came Mr. Keeling, to speak
with Mr. Goodenough, and Mr. Ncitlirop;
and fin the Gazette that day was an accoimt of
the insurrection at Collen ; and Mr. Nelthrop,
when he came in, called this man Culing*
What is that P What do you mean P says he.
I was then writing a letter, and told him Culing
in Dutch was the same as Keeling in English.
Mr. Nelthrop took me aside, says he, what
will you say, if I, and some friends of mine,
deliver the city, and save the charter, and no-
body shall know of it till it be done P But, says
he, shall not I be hanged for it ? Said I, take
heed what you do ; nobody will be banged for
any good thing. As to the delivering of the
city, there was a treaty between the Scots, and
our persons of quality here, and cof. Sidney
and major Wild man had the management of
it, as I understood. At last, they came down
to some terms : they would have had 10,000/.
to buy arms, and came down at last to 5,000/.
and the earl of Argyle was to head them : but
when Mr. Ferguson pai^ me for the arms, he
told m^, the Scots business was quite off, and
Wildman and Sidney had done ill with th<?
Scots ; for afWr they bad kept them, and
treated with them two or three months, they
broke off, because the Scots would not declare
for a commqnweahh the first boor, and extir-
pating of naonarchy, and the family of the
Stuarts : and that the Scots answer was, that
would be to destroy all their interest amoog^
2N
had bmi^. Sfa* iohn Moore was to^ killed, and
to be bung npin Guild-halloas a betrayer of the
ri^ts and nnertles of the dty : and your lord-
Chtps to be £snred and stuiferf, and hunc- ud in
Westminster- hall, and a great mimy of the Pen-
iidnal pai^iament hanged np, as betrayers of
die rights of the people.
L, C. J. How was this to be done P to flay
fhem and stufl^ them P
West. Yes, I understood it so.
Att. Gen. At these discourses was this gen-
flematf present P
West. He was not at my chamber so of^en as
^e rest ; he came not there till towards the
latter end ; but he was there sometimes when
these thinfis were discoursed of.
L.C. J. But you say he did at last under-
tdce to fi^ the guards ?
West. Yes ; upon the news of the fire, says
ine, T beheve God shews his disapprobation of
the thing. Says Mr. Ferguson, I believe he
reseiTes them ror worse punishment. Mr. Wal -
oot Said, he desired to have his name concealed.
Why, says Ferguson, why should you be
ashamed r It is a glorious action, and such an
action as I hope to see publicly gratified by the
parliament ; and ^estion not, but you will be
ramefl for it, and statues erected for you, with
the title of ^ Liberatores Patris.'
iderj. /df*. What was this Ferguson P
West. He is an independent parson.
8erj. Je/f! He preached excellent gospel.
West. Says he, I have told some noncon-
fiirmists, and they desired me to forbear ; but
ttys'he, they are silly people, that do not know
how to distinguish between killing a prince for
difibrence in opinion about religion, and de-
stroying a tyrant, for preservation of the rights
and liberties of the people. He said, it was an
action that would make aN the princes in the
world tremble, and teach them to use their
subjects kindly. My lord, they did design, at
&e same time when the mayor and the she-
liilB were to be killed, that Mr. Papillon and
Mr. Dubois, shouTd be forced to take the
olBee of sherifls upon them ; and if they woyld
not take it, they would use them as they did the
oilier; and that sir Thomas Gold, or sir John
fSbottet, or alderman Cornish, should be set up
fffe lord -mayor : but rather alderman Cornish
as the fitter person. I asked them further,
what they would do with the kind's natural sons P
Bays he, they are eood lusty lads ; I think we
haaa& good keep them ibr porters and water-
men : and for my lady Anne they had as good
marry her to some country gentleman for a
hreea to keep out foreign pretences.
I^erj. Jeff': I perceive they left nothing un-
toMuddered.
Att. Gen. Mr. West, to repeat all their
passages . would fill a volume ; but as to the
continuation of the rsring, and whether it was
continQedP
West. J have a many particulars, but have
tikemnotin method.
Sol. Gen. Answer questions then.
West. When M^ Rambold came to town,
you IX.
S47] STATE TRIALS* 35 Cuaeles II. 1 GSS^Trial of 7k#iM« Wdcai, [54$
Ihe lords, aod prpvidenoe miffht order it so, aii
to bring it to a commonwealth : but that was a
biisiaess of time. When this broke off, Mr.
. Ferguson told me, that the duke of Moomouth
was Hilling to speak with me, and Goodenough,
and some others. I told him, I nerer had, nor
Was willing to speak with him. Then lie said,
sir Thomas Armstrong would. I told him, I
was not willing to speak with him neither.
BIr. Goodenough, I believe, did speak with sir
Thomas /Irmstroi^^. We met at Richard's
coffee-house, and adjourned to the Younff
Devil tayem ; there was capt. Walcot, col.
Rumsey, Mr. Wade^ Mr. Uoodenougb, and
myself, and one HoUoway a merchant at
Bristol. Mr. Hollo way did propose, Ainoe the
Scotch business was broke off, that they should
try what forces they could raise here. And
Mr. Ferguson did say, if 3,000 men cOuld be
had, he beUered the duke of Monmouth, and
my lord Russel, would appear at the head of
them* They were to diride the city into 20
parts, each 20th part into 14ths and 15ths, and
to divide it into streets and lanes ; one prin«
cipal man was to have a 20th part, and to
have men imder him ; and that thev should
not interfere one with another, they oought a
.great map of the city of London. My lord,
1 did not read one line in it, but Mr. Goode-
nough, being a man of public acquaintance, by
reason of his office did undei-take it. I think
he did propose Mr. Bourn for one, and one
Mr. Grains for another, and said he would
speak with Mr. Keeling. We had several
meetings after this, and Mr. Goodehough did
report, that there were 1,300 men out of two
of the hamlets. My lord, I stood here while
Mr. Bourn gave his evidence ; but I suppose
be hath a little forgot himself ; for he tola me
he had spoken to one parson Lobb, and he
*Baid to him, he would try what his congre-
gation could do ; that he had two in Mew-
prison, and he would set them out to see what
they could do ; that they were poor m^n, but
zealous in their way. I think Mr. Bourn bath
forgot himself; for he did mention, that he
had spoken to parson Lobb.
Ser]. Jeff. Then parson Lobb was in ; there
was another parson m.
West. Yes, and he mentioned Lobb's pound.
Atl, Gen, The prisoner was at those several
meetings, was he not ?
West. Yes, and did shew himself ready to
act his part. About a fortnight before the
discoverv brake out, Mr. Rumbold told roe
they bad a great jealousy Mr. Keeling would
discover aD the business; that Mr. Leung's
.wife and mother cried mightily, and chuged
Jiim for neglecting his busuiess, and said they
were afraid he would do a great deal of mis-
chief to honest people ; for he had replied to
them, he woulu not want money, and he would
be hanged for nob dy. Upon which Rumbold
told me. If I were sure of this, says he, 1
would dbpateh him ; I would get him into the
country, and Idll him ; but, says he, I wQl not
killaainnooeBjtmaa: if I tboc^ht the ^og
wasBOt so, I would not kill hini ftrall tira
world. Mr. Keeling told him he had aa ovcr^-
ture from one Shoot, of SOL a year.
dtt. Gen. After you had notice of the dis~
covery, did you meet ?
Wat, The Saturday before the discovenr I
dined with Mr. Rumbold, and be took Mr.
Keeling alon^ with him. Says he, we won't
discourage bun too much ; it may be, it is not
so. . Mr. Keeling told him' he never wanted
money so much in his life. Mr. Rumbold,
and one Gale, that was to be one of ihe as-
sassinates, contrived to help Keeling to money,
and lent him 100/. Upon the Sunday I had
notice the thing was diBcovered> andlhat Keel-
ing had accu^ me, and Mr. Goodenou^,
and Mr. Neltbrop. On the Monday mominfr
early I thought tit to retire ; but we did affrott
to meet at captain Walcoi's lodging. My ford,
I came thither pretty early, and all the peopla
came afterwaras, that hacT agreed to come tni-
ther, but they designed to go beyond sea. I
had no mind to go. They had hired a boat,
and gave 51, in earnest , but the next mora-
ing it was said the messengers were abroad,
and tliat it was believed the river was beset,
and there was no getting away. Then every
man shitted for himself, and 1 shifted by th*
means of Mr. Bourn, who, 1 thank him, helped
me to a conveniency for two or three days.
When we were all retired, tliey ^t Mr. Keel-
ing in the city, and Rumbold discoursed him
in the presence of several people, where he
wished a great many imprecations upon him-
self, if he had discovered. I told them I did
not understand him ; for if he had made a dis-
covery, it was a fine way to cateh people in.
Then there was a discourse of killing him.
They proposed to him to go out of town. H«
refused them, but said, he would go in a lew-
days. That night they followed him, and
upon tracing of him tliey found he had caU^
out his brouer, and that he and his brodier
were gone to the secretary's ; and then it was
taken for granted, that discovery was made,
and every ncian must shift for himself. Had
not Keeling deceived them at that meeting at
the tavern, by the protestations he made,
some)MMiy had killed nim there. Then Mr.
Wade said. If the duke of Monmouth would f9
into the West, we might try a push for it ;
and the prisoner at the bar said, I am satisfied
God will deliver the nation, though he does not
approve of the present instruments.
X. C. J. Have you done as to this gentle-
man at the bar ?
. Capt. Walcot, When was it that I should
say these words ? Then I desire your fordship
would ask him, how many months ago it wit
he says I gave him the paper ?
We*t. It was in October.
Capt. Walcot, Then whether I did not then
lie ill of the gout?
West. Not at that time, my lord. This that
I say of the paper, was given me at my cliam>
her, and then I think he was pretty well.
Capt Wak9t. My lord, I am not so natucpt
S4gi StATR TRIALS, 35 Charles IL l683*-/itr Bigh IruMon.
|550
« Ibalto tluiik, ftme to chftTge the guards,
wlMn another man kills the king, bat I am
as ffuBty as he that kilb him.
JLCJ. No doubt Wit
West. Capt. Walcot, I would not take away
yoor life to save my own ; but I do take it
upon me, that you did agree to command, or
be one of those that were to fight the guards.
JL C. J. What was the reason he would not
kUr^ie king ?
West. He said it was a base thin? that way,
being a naked person, and he would not do it.
L. C,J. So the point is the same ; but only
yon distingnished in the point of your mis-
taken honour, and thoagfat to kill the king was
not so honourable a pomt as to fieht his gwds.
Cqst. Waicct. There is no dimreooe ^tween
the one and the other ; to do one and the other
is the same thing.
X. C. J. Your judgment is now rectified ;
bat what say yon to the'matter f For now you
bear what is fastened upon^ou, that is, soFcral
oottsnlts about the secunng or killing the
iEH^ 9^^bA your advice was to kill him, and
yaa did go down to Rumb^ld's honse, to view
the place where it mi^t be done the more se-
<9iray ; knd yon did undertake, ad several
witnesses say, not Only Mr. West, but col.
Rnmsey, and another of them, (Bourn I think
it was^ that yon would fight the guards, if
you might have a connderwle number of men.
Cant. Walcot, My lord, if ever I was at
Mr. Rumbold's house, uoJess it was when I
travelled firmn ¥oik by Norwich, and came to
liondoo ; if ever I was there since, then I am
guilty of all the roguery imaginable.
West. I never Beard, my lord, Mr. Rum-
bold say he was there, hut col. Rumsey told
me so.
Col. Rumsey. My lord, he bought an horse,
and he said, he din intend to go down ; and
indeed, to the best of my remembrance, h^ did
say- he was down ; but 1 am not certain : but
he did buy an horse that cost him, I think, 30/.
JL C. J. For that purpose?
Col. Ramsey. Yes.
• X. C J. Now you hear, this is a little more
. particular than the other ; colonel Rumsey
did say before, that you did agree to go down,
and, as he believes, you did go down.
Rumsey. I believe Mr. West may remember
he booglit an horse for that purpose. '
' West. I remember h^ bought an horse for
service, but I can't say it was to go down
thither.
X. C. J. It does import you to tell us upon
what aoooilDt you met so onen, and what was
your meaning in hearing these things, and con-
sulting of them, and what your raising of men
was tor, and the declaration written for the
people, to please the people when the assassi-
iMtion was over ?
Capt Walcot. The decUration, Mr. West
says, was in October last.
West. ItaJieittobeso, my lord, tothebest
of my remembrance; there was this passage ;
ifcys be^ I bdicve in a month or three wi^s
yon win be better or worse ; so thftt I measure
it hv that.
Capt. Wakot. My knrd, Mr. West does tell
your lordship a very long story, and some-,
times h^ names one gentleman, and sometimes
another. I am very fearful the jury will be
very apt to apply all to me, who vfas the man
least concerned"; for I had the gout tor several
weeks together, and Mr. West came several
times to my own lodging to see me ; and
for that of assassinating the king, it never
entered into my thought more or less;
hut here are lour gent^men, who,' by their
own confession, are sufficiently culpable ; they,
to wipe ofl^ their own stains, are resolved lo
swear me out of life.
X. C. /. What made you amon«f them ?
West. I do take it upon roe, tie was there
three or four times.
Capt. Walcot. I did not stir for three weeks
or a month. 1 came to town on Ash- Wednes-
day, and then tell ill of the gout, and that con-
tinued for divers weeks. For a month's time
that the king was^t Newmarket, I am confi-
dent, I was not out of my chamber, unless I made
a shift* to scrdmble to Stepney, and dipped my
foot in every well of water I came by.
West, My lord, I do remember this passage,
TbEkt he was afraid he should not be aUe to
draw on his boot, because he had the gout.
Capt Walcot. I desire to know, my lord,
When is the time Mr. West speaks of, tliat I
gave an acbonnt of killing the king at my lord
mayor's feast ?
West. I do not chai^ge you positively vrith
it : but I had it firom you or Mr. Ferguson ;
but I must do the prisoner jusfice, lie said, he
would bono way concerned in it.
Att. Gen. Pray swear Mr. Blaithwait.
[Which was done.] Pray tell my lord, and
the jury, whether captain Walcot owned that
to be his hand.
A Letter being then produced from capt
Walcot to Mr. Secretary Jenkins.
Blaithwait. My k)rd, I remember, when
capt Walcot was- examined hefore the king, he
did own this to be his band.
^fj.Jeff. Give it in.
CI. of the Cr. ' Honoured Sir, July 5th,
168S '
L.C.J. Whd is it directed to?
CI. of the Cr. There is no direction.
Blaithwait. It was directed to Mr. Secretary
Jenkins, as I find by the minutes 1 then took .
ofit
"L. C. J. Here is the cover, it seems.
CI. of the Cr. *■ To the right hon. sir Leolintf
Jenkins, 8ic.*
* Honoured Sir; I being in the coimtry, and
< to my great trouble seeii^ myself in bis ma-
^jesty's prodamation, I came last nii^lit to
' town, resolving to lay myself at his majesty's
< feet, let him do with me what be pleaseth :
* This is the firat crime I have be#n guilty of
* since his majesty's restoration, and too soon
« by much now. If his majesty thinks my
' dieath will do htm more good than my Jile»
ASI] STATE TRIALS, 35 CHARUft II. l6S$.^TrfMl qf Thm^WkM, lut
God't wiU tad bis be done. Unttt I sent
your honour this letter, my life wm in my
owa power, bat now it is in the king's, to
whom I do most humbly propose, Tha^ if his
majesty desires it, 1 will disoover to him all
that I know relatiog to England, Scotland or
Ireland, which I suppose may be something
more than the original discoverer was able to
acquaint his m^esty with, especially as to
Irekind : There is not any thine his majesty
shall think fit to ask me but I wul answer him
the truth as pertinently and as fully as I can.
My intimacy with a 8cotch minister, through
whose hands much of the business went, I
jndee occasioned my koowing Terv much.
And I do further humbly propose, Tiiat if his
majesty thinks it adyisanle, I will follow
those lords and goitlemen that are fled into
Holland, as if 1 had fled thither, and had
made my escape also; and will acquaint the
king, if J can find it out, what measures they
resolve of taking uej^% : I do assure his majes-
ty, the business is laid very broad, or 1 am
misiatbrmed. And 1 am sure avto that par-
ticular, if my bein^ with his majesty and
^Qur honour be not discovered, I shall be ten
times abler to serve him than either Mr.
Freeman or Mr. Carr, for they will trust
neither of them* I'here's scarce any thing
done at court, but is immediately talked
all the town over : Therefore if his miyesty
thinks what I have presumed to propose ad-
visable, I do (hen further most humbly
propose. That my waitinjg upon his roiy^esty
may be some time within nigbt ; that your
honour will acquaint me the time and place
where I mi|y wait upon yoo, in order to it,
that it may be vnthin night also, and thai
nobody may be by, but his majesty and your
honour : And if bis majesty pleaseth to mr-
don my oflenoes for the time past, he shall
find I will approve myself very loyal for the
future ; if not, I resolve to give his majesty
no further trouble, but to lie at his mercy, let
him do with me whai he pleaseth. 1 purpose
to spend much of the day in Westminster-
hall, at least fruni 3 o'clock to 4. I beg
your pardon J send your honour this by a
porter : I assure your honour, it wa|i for no
other reason, but because I would not have a
tbtrd uerson privy to it; and that I might
have the better opportunity to make good my
word to his majesty, fad to approve myself,
Your b^nour'a most humble servant,
* Thomas Walcot.*
Att. Gen. Swear capt. Riohardson; [Which
was donej
Capt. KichardMon. My lord, On Sunday at
night Mr. Walcot desired to speak with me,
And he seemed very desirous to wait upon Us
majesty, «nd unbosom himself to 'the king:
Mr. Attorney said, I should give him notice to
prepare for bist^l, which I did, and told him,
me sbottki want nothing to prepare himself for
ius trial. Yesterday morning his sonearoe,
and I sent my clerk to stand between them,
•%ad he had prepaijisd this hille paper tied doae
widi a thnad* which my m«^ told me be 4iA i»*
tend to give his son ; and he desired p»tiina>
I had diMovered it, I would make no use of i|.
The letter vras to capt. Traey, that was biv
landk>rd, to speak to ooL Rumeey, that he
would be tender of him, and tell him, be haA
ground enough to serve theVing upon other
men; and alw to speak to Mn. Weet, to deem
the same thing m her husband- The last .
words in the note were, ^ If you cannot b^
* private, leave the issue to Ood.^
X. C. J. Mr. Wak»t, have you any tbingr
to say for yourself^ against this plam evi-
dence ?
Capt. Walcot. fAy lord, they have takea'A
mat deal of pains, and made (oog speecbesy
tnough very Uttle of them relatmg to mme^
thoufi^h too much- Colonel Rumsey tells your
lordship of a design they had to assassinate the
kmg, and carry on a war, or something like it»
when I was out of the kingdom : that at Bfr^
Shepherd's bouse they drew up a ]>eclaratiMi;
and that upon Mr. Trenchard's sayings thing*
were not ready. This was betere I came isle
England, and he says this was agreed at Mr.
West's chamber before I came out of HoUaad*
that Mr. Rumbold undertook it Then be
says, that after I came over, I undertook i»
charge the guards while the kin^r was killtog*
My lord, tluit was a very imprabaUe thing j
for I look upon it, there is no diflereace b^
tween killing the king, and securing hie
guards. Thes^ gentlemen, by what they haye
said, do sufficiently convince Ibe court, and nil
that hear them, that tbey are sufficiently
dipped themselves. Here they combine tn
takeaway my life to save tibeur own. Tkea
they tell you, that Mr. Gcodenou^ and Mr.
Rumbold brought notes about men that were
to assassinate the kiog ; but they do net fell
your lordship I was privy to any of these motei,
nor that I knew any or then. It is in itwif
very improbable, that I would engage in e»
desperate an undertaking with men I serec
saw nor heard of in nhy life. Th^ he telis
you, that Mr. Ferguson had been at a plsne
where I was, and there inquired what Mr.
Goodenough liad done ; and withal, they tol4
you, tliey met at my lodging: now that their
meeting at my lodgmg was by col. Rumsey^
appointment, I knew nothing of it. Most of
these meetings were by colonel Rnms^'s a^
pointment, or Mr. West's : I aocidenttlly came
amongst them sometimes, but all my buai*
ness was only to hear hews ; nothing was agi<r
tated concerning killing the kingj or levying
of war, more or less, as I know of 1 mam
contess, I did hear that there was a design bj
a great many lords and gentlemen, and oilien»
for asserting of their lilMrties and properties %
but I was never in a^y cqnsnitation with then^
or any message to tbem, nor I never saw one
of these lords, that I know of, that are saki to
be concerned. Therefore, I say, it ie very im*
probable I should be so iar coiieeraed aa tbey
seem to represent it. . They met at the Five- "^
Bella ; tbey aUow thenvelf «i I was not at thm
J99S]
STATE nUALB, di CiABLW It l9».^^ ERgh »eii0fm. [4«4
For Mr. KMltaf, 1m 4o« Dslil ^
olmrgvaio. Wlntlfli^taMr.Weflralainff
10 tb» iNMiaM W taUn of i» Oalober last, that,
ay lord, io oat of doora, ia poinl ot' timo. I
^yGodfoigivehimibrwballiehoooud. I
ooT more tiua I fa»i«.
JL C. J. Ptay whoffB do yoa live? Where
■ your hehitntioB ?
Copt. Wakoi. My hobitalkm k in Ii^ond,
oiy lord.
X. C. J. Prmy whot do yoo do here ?
C^apt.' Wufsoi. I woo WTited fay my lord
Slmftoobmy to go governor to Corofino.
L. C. J. lliatdeeign woo a greet while ego
Ca|iO. Waicoi. My lord, it wao ooooe while
before 1 come over, ondoo my lordsare hie
eommioaion to onotber. But bemg in £nglond|
my lord ShoAeobnry invited me to go to Hoi*
bad with him, wbich I did ; and when he
dwd, I came to London; I had not been here'
A ftrtaight bnt I feU ill crf'thegout, andthot
eontinued three montho: another thing was,
my oon wao hm, and I deoigned to marry
him, and make profision for my yoanger
chiUren : My lord, I have a competent ootate;
I hope it is no greet crime for a man of an
icotate to be here.
L. C. J. Yon eonfom, you heard oome dio-
oonoeofdieaothingB; wnat made yon to tfra-
ycnt their cempaoy, when yon lieard theoe
Capt. HUoo^. It wao my foUy to do it
X. C. J. Ay, bnt yon an Oo nnderrtand, that
My in tiieoe eooco w treooon.
^ Capt Wakoi. I conceive, my lord, it io
only raisnvioion of treooon. I did heor of a
great deal that theoe gentlemen have said, and
that there would be on tBfiorrection; bat I had
no hand, directly or indirectly, in it; nor did
It enter into my thoughto, either dnootly or
inAreotly, the death of the king. When oome
gntfeiDon hove talked to roe about it, I abo-
minated it, and told them, it was a ocandalono
tfaiBg, a reproach to the Protestant religion :
for mv pa]% 1 had children would bear the re-
praach of it, and J would have no hand in it
L. C J. Look you, captain Waloot, that
yon did deny to do the fact, to aeaaoninate the
long, that is very true ; they say so, that you
did always deny it ; for you stood upon this
point of gallant^, a naked man you would not
aomsaanate. And then yon talk of misprision
of treaoon : for a man to hear ai treason acci-
dentally, or oocaaionoUy, end conceal it, is but
mioprision ; bnt if a man will be at a consult
where treaoon is faatohed, and will then con^
osal it, he is ^dty of treason therein ; there-
fove do not mistake your case. 8o tfaiat your
foint of law fails you, and every ihinff fails you
m tfaio cooe. It appoors plainly by uiem, tfaat
you were not only privy to the consult os an
aodilor, bat ao an aetor ; you chose your post,
and upon this (Mkint di* gallantry you would
mntore youroelr, not upon a naked man, but
opott persono that wonld oppose you*
Cw^f/ITukBi. Ceininlynomanthatlmowo
moi would take me for sooh a toi^ foolf thoi
1 wooU kill tb^ king'i guarda; ao if I wora
not oonoiUe, that wao equal ^mfim with tbt
(»thor.
MU Gem. lU men are ahrayo foola.
Capt« Waieat. It is dear they hare laid
their heads together, they have oontrivdd to
take away my life, to oave their own ; it it
plain enough.
X. C. X There is nothing mora reasonable,
nothing more just in the world, than to makn
use of some tvaitom to discover and convict the
othem, else would treaoon be hatched securely j
There is nobody oopable (where treaoon do^
not take effect) of making an evidence in ouoh
a cooe, but some 9£ you that axe conspirators.
Yon do not publish it at the marfcet*cinos*
And if you could ffoin but this point, that none
that are concemea with you in the ooiMpimcy
should be witneooeo, it would be the oecuraot
thing in the world to hotch treooon. For yon
would be upon this point ; either it shall take
eflbct, and then it is too late, or if it do np^
and the conspirators are not to be believe^
then I am oecuro, nobody in the world can
oonvictme.
Juror, We desire he may be asked what ho
mys to^the Letter.
L. C. J. WeU, what oay yoa to it? You
have made aropoeals yen will discover othersi
and you will give intimation to the king of the
measures the rest of the conspirators were
taking in Ireland, and other phu:es ; upon what
design did you write that ? And what induced
you to it ?
Copt Waicot. My lord, I have told your
lordship, that I have heord a groat many die*
courses relating to that thmg, and beard it
mostly by Mr. Ferguson, with whom I had a
great mtimocy, and Idid aocordidg to my pro-
miae giro thot oooonat of it ; but if his m^esty
would not beheve me, I cant help it ; but tha
king was not pleased with me, becauae I could
not descend to particulars; and I could 4iot»
because I never had been in their compamyy
nor knew nothing but what I bad once by a
private band. I dealt ingenoouoly and truly
with the king, and told him what I knew.
X. C, J, Fray observe tbe contents of your
letter. You made this proposal. That you be*
ing in the proclamation, you were one of tha
fittest men to understand and smell out tha
misasnres of the other persons. By ^is it ie
plain, you took yduiselr to have an iatimoiTf ,
and some intrigue, with the other persons that
you thought were impeached; your leltoro
does import, that you had ouch an intereol
with thooe persons, that they would have eom-
municQted their counsels to you.
Capt Wakot. My lord, 1 never spake bntwitii
Mr. Ferguson, who woo a man they did madi
confide in ; and I knew very well, thot by my
interest in Mr. Fersruson, I diould have an in-
terest in the rest. But truly, whether the duke
of Monmouth be there, or not, I know not I
do not know him if I meet him. I was aovor
at any oonsolt, never at any of tbesa dobatea^
MS] STATE TRIALS, $5 CHABLits II. l6S5.— THo/ ^ Tionuu jr^Uai, [55C
' £• C. 7. What did jon mean by this, that
this wdii your first enme ? - You knew what
joq was cbaiged with ; it was for high treason.
Capt. Walcot, My lord, it is my n»t oriuie.
My lord, I have heard Aere was an insurrec-
tion intended, I have heard of the persons that
were to carry it on ; I did look upon this as a
misprision of treason ; but that 1 ever acted in
it, or intended it, I utterly deny.
L. C. J. The last question is, Whether you
liSTe any. witnesses ?
Capt. Walcot, I h%re only, a young^ man or
two, if he be here^ to prore the time that I was
SU of the gout, and therelbre it is improbaUe I
>hould be so &r oonoemed.
X. C. J. I must tell you before-hand, that
an aigument from the topic of probability, will
do yon but little service, when there is posi-
tive evidence against you. This it vnll im-
iiort you to make a little answer to, if you can.
What you meant by your application to oolo-
)iel Rumsev, desiring -captain Trabey to ^peak
- |o him and Mr. West ; what do you mean by
diat?
Cajvt Wakat, My lord, would not any man in
m^ circumstances desire a man to deal tmderly
wifh him ?
L, C. J. Well, is this young man come in ?
Come, Sir, what have you to say on the behalf
ofthe prisoner at the bar? Or will you ask him
any questions f
Capt. Walcot, Only about what time I fell
ill of the gout, and how long I continoed so ?
L. C. J. Do you know about what time he
feU ill of the gout, and how long it continued ?
Wit. Mv lord, I can't remember certainly
the time, but I believe it was about three
mtmths ; I can't tell certainly when it began.
Capt. Walcot. My lord, it is very impro-
bable, that when I was not able to put a shoe
on, nor wear a boot, I should engage in so ha-
xardous and desperate an undert^ng.
L. C.J. Have yoa done. Sir?
Capt. Walcot. Yes, my lord.
Sot. Gen* May it please your lordship— «—
Capt Walcot. The jurv will take notice,
here are four men to save tneir own lives swear
me out of mine.
Solicitor General. May it please your lord-
ship, and you gentlemen of the jury, the evi-
dence you liave heard has been very long, and
I observe that capt. Walcot has complained' of
it; it has been delivered mosdy in general
terms ; and is afraid you should not apprehend
it aright, to see those parts wherein he is eon-
oemed, hut mistake what is said in general to
be spoken appainst him. I will therefore do
him the iustice as to recji^^itulate that part of
the evidenoe that does immediatelv concern
himself. It has been very full, and given by
every one of the fbur witnesses that have been
produced against him, besides the letter under
nis own hmd, whidi is twice as many more.
The first wimess I shall remind you of is
Mr. West, though not produced first, yet be-
cause his evidence goes further backward ; his
aoquaintaooe began with him in kst summer
vacation, he beoaoM soon intimate with hiua^
and captain Walcot did unbosom hinaelf, and
tell him, that there was a dengn to m&ke an
insurreetion ; that it wastny lord Shaflesbury's
design that he was to be an officer, I think Im
said a colonel of horse ; he invited Mr» West to
partake with him in Aat design, and did propose
to him the advantage of a command in the
army ; but he not being onalified declined it.
He tells you further, that he did acquaint him
there was a design to assassinate the Jung ; and
it is easy enough to be believed, if there waa
one designed, the other was too. And yon see
all akm^ the only dispute was, whether the as-
sassination shouki be first, or follow ; for to raise
arms against the king is directly to assassinate
the king ; for it cannot end any other way with
security to those that raised it He told Mr.
West he would not be concerned directly in the
assassination, but in the insurrection he would ;
he was persuaded to come in. This was, last
October, discoursed with Mr. West ; th^ were
to rise in Norember. Then jool. Rums^ comce
in, and he tells you, that there was a^esign to
rise in November. The lord ShaAsoury sent
him to persons concerned in the conspuacy, t»
know in what readiness it was ; but they bemg
disappointed of men, whom diey expected to rise
in the country, they did defer it at that time ;
at which my lord Shaftsbury being coneem^
ed, went into HollaiMl, and I think the pnsooer
himself hath told you he went with him. The
design was not then laid aside, but still car-
lied on ; the most ma;teiial man, Mr. Perguson»
beiog in Holland, there was some little stop
put to it, that is, to the swift progress of it ;
and therefore he was sent for over to manage
it, as beioff the only man in whom aU persona
had confidence. When he comes over, he
brings captain Walcot along with him. Mr.
Ferguson meets at Mr. West's chamber ; this
Mr. West and col. Rumsey give an account of»
they both swear it. Several meetings there
were in which capt Walcot was not, and pos-
sibly at those times be might be sick of^the
gout, and that might occasion his not being'
there. But afterwards both tell you, that capt.
Walcot did meet at Mr. West's chamber, and
there was debated particularly th^ assasnnatioift
ofthe king ; and it was agreed to be at Rum-
hold's house called the Ry e^ looking upon it as a.
very convenient place, as those tiiat know it
say; there being a narrow passage that it wae
easv to.assault, and hard for persons to escape ;.
and with 40 or 60 men, thereabouts, it was a
design venr likely to have succeeded. Capt*
Wateot's snare in this was not directly the as-
sassination of the king, diat he would not
be concerned in, being a soldier, it was be-
neath him to do tiiat; but his part was le
fight the guards, he looked upon that as the
more honourable employmenl ; men that wore
armed to engage Uiem. This is proved both by
Mr. West and col. Rumsey.
In the next place, gentlemen, when this did
not succeed, but was prevented by the great
provideeoe. of God Almighty, as yoo have
WT]
STATE IBIALS^ 55 CuAmtBi 11. l68d^/or ERgk Tirmm.
f55i
hwdy th^ cany on Uie design stflU aD<l td|:e
it into their coiincQs, uid resolved to carry it
oo, either at Windsor, or in b'ls. passage mm
Windsor to Hamplcm-Coiirt ; but no place
was oertain)^ fixed upon; and I thi^k the
latter resolution was, that it should lie done at
ihe bull-feast, an entertainment that was de-
svned here in the Adds. Now, gentlemen,
while this was carrying on, it was necessary
to carry on the other part too, that is, the in-*
surrection ; and that capt. Walcot is all along
concerned in« He is present at the meetings
in the taTcms, where they discoursed con-
cerning men to secure the king. This is Mr.
Bonnrs eiridence, that at ihe Dragon-taTem
on Snow-hill, there they met to consult to
secure the king and the duke. That he was
nresentat the meeting in London, this is sworn
Dy sJI, by col. Rnmsey, Mr. West and Mr.
Bourn, where Goodenough was to ^ye an ac-
count what success he mul in the hst made of
difiding the city in several parts, and raising
men out of every division, imd capt. Walcot
met for to know what progress they had made
ia it. • Gentlemen, every one of these are overt
acts, to declare his intention to kill the king,
and are all high treason.
The gentleman at the bar cannot attempt
to mitigate his offence, by saying he wouul
not directly assassinate the king, but would be
the man to asssist in raising arms ; this makes
him equally guilty. To conspire to raise arms
against the King, certainly that is as great a
declaration of his ima^nation of his heart to
kill the kiug« as any tbtng in the world : and
this being proved upon him, there is no room
&r any ob|ections for him to make ; some he
hath made, not worth- the mention ; but be-
cause they are those he thinks to put his life
upon, I will take notice of them to you.
He says, the witnesses are not to be cr^
dited, because they^have been concerned in
the same conspiracy.
Gentlemen, because they have been con-
cerned, therefore they are to be believed ; for
who should know this but those that were so
concerned? I think, gentlemen, there is no
good man, no honest man, would desire a bet-
ter evidence ; for better evidence coukl not
have been had, unless the thing had taken
SQccess ; and I am sure that is far from the
heart of any man, that has the heart of a
diristian, to wish. Does he pretend to intrap
these witnesses in any contradictions ? does he
jirrtend to say these witnesses have consulted
together to make up this story to accuse him
foer his life ? There is notbing pretended of it,
but on the contrary he owns he met these
men; but the end of his goia<if there was
4inly io hear uews. I thought tiiat had not
been the proper place to hear news in ; cer-
tainly no man that comes there would have
been admitted merely for curiosity ; certainly
he most briug a mind to accompany them in
all tbeir villainy : but his own confession you
have for that. I think he hath hardly confi-
d^iic^ to deny, buthn was at several copsults
for raising arms at Mr. West's ebaoiber. You
were wh«i Goodenough gave an account, at
the Green-Dragon taveni. You were whef e
discourses were of raising arms to secure the
king ; and nothing he has said, gentlemen, to
dear himself.
Gentlemen, here is that above all evidence ;
here is almost the confession of the prisoner,
the letter of his own hand. That letter (when
he sees his name in the proclamation) acknow-
ledges it is his first crime, he says : what was
that crime? He was proclaimed as a traitor.
He says in his letter, that his life was at the
king's merc^ ; that if his death would do the
king more service than his life God's will be
done ; that if his majesty would admit him i»
come in, and use mercy, he would tell all he knew
concerning England, Scotland, and Ireland,
which he tnougnt would be more material than
any thing that another discoverer could tell. This
shews he hath a deeper hand than any of these
men that hare ffiven this evidence. You see they
accuse thems^ves ; they confess this, and it 10
a great mercy they have so done ; for all your
lives and liberties m the person of the king are
preserved ; and God be thanked, titat you are
iiere this day to sit in judgment upon him that
would have deprived you of them.
•
X. C. J. Look you, gentlemen of the jurr»
here is the prisoner at the bar indicted of high-
treason, and it is" for conspiring the death of^be
kioff, and for endeavouring to raise arms within
his kingdom against him. .You hear he denies
himself to be guilty'; vou have heard the evi-
dence, and this does plainly appear upon whst
you have heard, thatthere was a dangerous and
desperate pk>t upon the king, to have destroyed
him, that is most certainly plain, the prisoner
himself confessed it ; that there were several con-
aotlsand meetings concerning it, and thatthishad
a great prog^ress from time to time, for near half
a year, is very plain.; that he was atmstny con-
sults, is very certain ; tliat there was a design to
raise an insurrection and war within this nation,
is as plain by them all ; it was desijgfued the last
winter to have done it. The witnesses (who
are certainly the persons most capable of giving
evidence) tell you there were several times ap-
pointed, and still they were by one providence
or another disappointed. All of them tell you,
there was a design to Kill the king and duke at
the Rye in Hertfordshire, as they came froqi
Newmarket : this is very plain too, that this
fi^entleman at the bar knew of this ; this hp
himself confesses, that be was at several of the
consults ; and this he excuses it by, that that
was misprision of treason, if he did not under-
take to do any thing. As io that, gentlemen,
we do tell you, the law is, that those that are
at a consult for the killing the king, or dmng of
a traiterous act, that is in them high treason, his
being at the consulting of it. It is true, it
woukl excuse and milagate the fact, if they
should come afterwards and disoorer it, itmighi
intitle them to the king's mercy ; but to be at a
coiisuU upon a treasonable dssign, to meet fap
«$9) STATB l^IALS. 35 Charles If. 1 6%S^iirUl *f Tkma* WUeot, [MIT
lint puf'|icMli lb htkt tbe plot bkl, nod ft dcsigti
to take a^y Ae king's lif«, oir to raise arms
against him Awi'to say botbiDg of this, this is
downright t^ifeason, and it is not misprision, of
treason ; his law that he t^lies npon, tails him
there. It is very plain by bis own words, be heard
))f this cdhsj^racy , and'he kept it secret, and says
Clothing oTit ; and this he says is his crime that
lie roentibned to the king ; so be wouM miti-
git^ it by saying, it is but misprision of treason,
at without doubt, the meeting at sereral times
^ upon tbisdesi^^ifhehad promised and un-
dertaken nodimgin it, his keepine of it priTttte
as he has done, makes him gudty of high
tt*eason ; So that out of his own words it is plain
tbatheisgnilty.*
Bu^ tb», consider what two witnesses posi-
aifely prove upon him : they prore, liiat be did
there ueny to be any of them tbat should assas-
isinate the king ; tons says col. Rumsey, and
thus says Mr. West ; but he would be one of
tfaeni that should fight the guards', and he did
^mdertake to fight me guards, aa bbth of them
positively swear. This is done wit)icbt;um-
atances of overt acts too, as tbe pn/Hdbgof
horses, and a tuck was to be prepared in order
to it, and a tuck he did prepare ; whether he did
go down, that is a Utile daric, bat be ^ agree
to go down.
Gentlemen, It is plbin by what Mr. West
aaid of him that he iiad a design formerly in
my lordShd%esbury's time to have raised ^var ;
be had undertaken to be a colonel of horse
under my lord Shaftebory, and he offered Mr.
West to be one of his officers under him. This
is a desi^ to raise war against the king, and
declares it sufficiently. That which makes the
evidence further plainly and greatly clear, is a
letter whereby he does submit to -tibe king^s
mercy, but proposes thathimself is abler to in-
atruct the kuiff in these matters, than any of
(tiose that had made fbrmer discoveries ; and
. therefore if his majesty should think fit, he
trould make him a full discovery, not only of
4hings in this kingdom, but of tne transactions
with other kingdoms, that is, Scotland and Ire-
land, in which betakes himself to be more ca^
pable of discovering to tbe king than any body
else, because be was concerned with the agents
there ; \^bicb shews this plot hath gone a ^retX
way: this design bath gone intoother of the king's
dominions, and it is to he feared it is larger than
the kingknows. It is time to nip these treasons
when they are gone so far ; certainly a morebar^
barous design was never thought otby mankind.
* We have had certainly as many engagements
> to the king, as any subjects ever had to any
prince whatsoever : be has done as many acts
of grace ; we have lived as peaceably as any
people linder a prince can ever expect to do;
he hath ^eWed himself with as much kind-
ness, with as much lenity, even to his very ene-
* As to the distinction in such cases between
Treason aud Misprision of Treason, see East's
Pleas of the Crown, c, 3. s. 7. c. 3. s. 1. and the
anthorities there referred to.
mies,asaByptiBoethat«rer1rereadof: the|ifea
servation of our religion, and the kiwa of tliei
kingdom ; ouriawsand Hberties, and idl oiirha|i<'
piness, depend as much npon his life aa they ever'
did upon t1ieiifi» of any prinoe, or ever^can do ;
so that we ought all to beeooceitied even to the
last drop of our Mood, to preserve him : but hmt
this mischievous design should enter into thm
hearts of men to undertake to kill him in such
villainous and barbarous a manner aa this, may
justly Vnake ua astonished.
Gentlemen, you hear your evidence, yew
have a very strong evidence, in this ease, and
stronger, 1 think, than could be expeeted in the
case of treason.
The Jury went out for about half a euartes
of an hour, and returned, and brought tbe fn-*
soner in Guilty.
See an acooant of bis ESDecution, at the en<l
of lord Russel's Case.
This Judgment against Wakot, after ,the'
case had been severiu times argued at thehary
was reversed in B. R. Trin. 8 W. 3. per totara
curiam, see d Salk. 638. 4 Mod. 395. See, too.
East's PI. Cr. c. 2, s. TO. Thu reversal was
affirmed in Dom. Proc. Of the proceedings
upon which affirmance sir Bartholomew Show-
er's Report (Cas. in Pari. 187) is as fbUowa :
.DoMiNus Rex v. Walcqt.
Writ of Error to reverse a reversal in B. R.
of an attainder for Treason before Commia*
sioners, &c. at tbe .Old Bailey, against Waloot.
The Record was thus :
GuftelmusTertius Dei gratia Angliie, Sootiie,
Franciee, et Hibemiee Rex, fidei defensor' &c.
dOect* et fideli nostro Johanni Holt Mihti, Ca-
pital! Justiciario nostro ad placita coram nobis
tenend' assign', salutem. Vluia in recordo et
Srocessu, ac etiam in redditione judicii cujua-
am indictamenti vermis Thomam Waloott,
nuper de London generosum mode defunct',
pro quibusdam ^s proditionibus personam
Domini Caroli secundi nuper Regis Anglisa
tangent' modo indictat' fuit et superinde per
quand* jur' superinde intr* preefat' nuper Regem
et pnerat' Thomam Walcott, capt' coram Jua-
tic' dicf nuper R^is ad gaolam deUberand*
assign' convict' exit', et judicium superinde
reddif fuit pro prtefat' ni]q»er Rege versus prse*
fat' Thomam Walcott, ut dicitur, quie qmdem
n^ordum et processum pr«dict' causa erroris
intervenient' in curia nostra coram nobis venire
fecimns, et judicium inde in eadem curia nos-
tra coram nobis reversatur. Et ^lia in rever-
satione judicii pnedict' coram nobis super brev*
de error' prseaict', error intervenit manifestut
ad grave oampnum cnjusdam Isabcllee Dilloa
vidtie, Comitissee lioscomon, nuper uxori
Wentworth DiHon Armig', nuper comitns
Roscoraon in regno noatro Hibemico, sicut ex
(querela sua accepimos, nos errorem, si quia
tuerit, modo debito oonigi, et eidem Isabelte
8
^i]
STATE TRIALS, 35 CflAtLEft II. l6ns.^far tligk TVeai^.
emm et eeloem jiifCiciam fieri Tokotes m
parte:
VoUs' mandamus, cptod a judicimn super
krevedeeirorepnedici^TevefBat' sit, tura re*
eonkmi et prooessiun prsedieta, cum omnibus
ea taiigeiic% doIns ia pariiamentom nostnim ad
proadawoi sessioDem, vicesfano oclavo die in-
stantis meusis Julii tenends distiiicte, et apeite^
mittatia, et hoc breve, ut inspect^ record* et
pvocaau prsdielis, ulterius inde de asseusu
DoariiMNmin 8piritualium et Teraporaliu^n in
eadem parliamento eadstentS pro' errore iUo
eoRifeiido fieri tacS quod de jure et secundum
legem et oonsuetudinom reg^i nostri Anglis
fwrit fadend*. Teste Tfaoma Archiepiscopo
Cantoar*, et cseteriy Custodibus et Justicianis
TCgni j apod Westm*, sexto die Julii, anno regni
DQStri' octftTO. Maitin.
BespoDS* Johannis Holt MilS Capital' Justi-
ciarii infra nominate
Record' . et process* undo infi« fit mentio,
cum omnibus ea tangen', I>omino Kegi infra
nominat* in presens parliamentum propriis
nanibos protuli, in quodam record' huic brevi
aonex% prout interius mihi prsecipitur.
J. Holt.
Pladta coram Domino Rege apud Westm' de
ta'mino Paschee, anno re^ni Domini Wit-
lielini tertii nunc R^^ Anglue, &c. sep-
tixno. Rot. 3.
Landon 9$* Dominus Rex mandavit Justic'
mm, per litefas snas patentes sub magno sigiUo,
ad inqoiveiid' per sacrlim* pruborum et lega-
liam bonaidum dvitat' London, ac aliis viis,
nadis, eat mediis, quibos melius sciTerint aut
poterint d^ quiboscunque proditionS mispri-
sion', proditionS insurrection', rebellions et al'
nalelaciis, offens', et injur* quibuscunoue ;
necnoD JFustic' sois ad gaolam suam de New-
gate pro ciritat' London de prison* in eadem
existen' detibefand' assign', et eorum cuilibet
brete snom in hcec verba:
Gulielmus tertius Dei gratia Angiiee, Scotiee,
Fnnciae, et Hibemi» Rex, fidei defensor, &c.
Jastidar* suis per literas snas patentes sub
magno aigiUo Anglis confect' ad inquirend' per
necam* proborum etlegalium hominnra ciritat^
liDndoD, ac alii» viis, modis, et mediis, quibus
Aelios sdrerint aut poterint de quibuscunque
prodition', misprision', prodition', insurrectimi',
rebdiion', et al* maletactis, oiTens', et inivr
qnibuscunqoe, necnon Jnstic^ suis ad gaolam
siiam de Newgate pro ciritat' London de pri-
•oaariis in eadem ezisten* deliberand' assign',
et eomm cuilibet, salutem. Quia in recordo
ct proceasu, ac etiam in redditione judicii cu-
joMfaum indictamenti versus Thomam Walcott
niiper de London gen' ddunctum, pro quibns-
dam altitf prodition' person' Domini Caroli
•eeundi nuper Regis Anglie tangent', undo
ittdietat' est, et snperinde per quandam jur*
fatrife inter pnefiit' Dominum uuper Regem,
et pne&t' Tbomam Walcott, capt' coram Jus-
ticiar' dicti Domini Carol! secondi nuper Regis
^ngliie, &c, ad gaolam prodict' deliberand'
VOL. IX. M
[S6i
assyi*, convict', et jndic' superinde reddit' si*»
ut didtnr, error iritervcnit manifestus ad grav*
daronnum Johannis Walcott gen', filii et bsered*
pned' Tbomie, sicut ex querela sua accepimn9 <
Nos errorem, siqois fuit, mode debito comgiy
et eidem Johanni pleuam et celerem justitian^
fieri volentes in hac parte, vobis mandamus^
quod si jutlidom reddif sit, tunc record' et
process* pnedtct', cum omnibus ea tangent',
nobis, sub sigillis vestris, vel un' vestmm, dis*
tincte et aperte mittat', et hoc breve, ita quo en
babeamus a die Paschs in tres septiman', ubi-
cunque tunc fuerimus in Anglia, ut inspect' re*
cord* et process* prsedict' ulterius inde pro
errore illo corrigend' fieri faciamus, quod de
jure, et secundum legem et consuetndii^em
regni nostri Angiitt iiierit ladend'. Teste ^
' mdpoo apud Westm' dedmo septimo die Martii|
ann6 regni nostri septimo.
Execntio istius brevis patet in schedulael
recordo hoic breri annex'.
Respons' Thomfe Lane Mil', Mi^or^ dvitat*
London, ac un' Justic* infrascript' record*
et process', unde in brevi suprai^icl*' t'nit
mentio, sequitur in bsec verba.
" London ii . Memorand', quod per qoii!hdam
inquisition' capt' pro serenissimo Domino Rcge^-
apud Justice Hall in the CNd Bailey, Londonv
in parochitt sancti Sepulchri in wardo de Far*
in^on extra London prcedict', die Jovis^
scilicet, dnodedmo die Jnfii, anno regni Do«
mini nostri Caroli secondi, Dei gratia Anglitei
Scotise, Franciee, et Hibemiee Regis, fidel
defensor' &c. tricesimo'quinto, coram WiflieW
mo Pritchard' Mil', Majore civitat' Londoiu
Frandsco Pemberton Mil', Canitali Juetic«
Domini Regis de banco, <Scc. ac aliis sodis sui«
Justidariis dirti Domini Regis, per lilcta^
patent' ipsius Domini Re^ eisdem justiciar*
prBenominat', et aliis, ac quibuscunque ouatuor
vel plur' eorum, sub magno sigillo diet* Domini
Regis Angiiee confect', ad inquirend' per sa«
crament' proborum et legalium hominum de
civ* London, ac aliis viis, modis, et mediis, qui*
bos melius scierint aut poterint, tarn infira liber*
tat' quam extra, per quas rei jreritas meliut
sciri poterit, et iiKjuir* de quibuscunque pro*
dition', misprisions prodidon, &c infra dntat*
prsedict', tarn infra libertat* quam extra, per
quoscimque et qualitercunque habit', fact', per*
petrat*, sive commies', per quos vel per, qu»,
cui vel quibus, quando, qualit', et quomodo, el
de aliis articulis et circumstant' pnemissis, et
eomm aliquod vel aliqua qualitercunque con*
cemen* plenius veniat', et ad eadem et al' prts*
missa audicnd' et terminand' secundum legem
et consnetudinem regni dicti Domini R*P*
Angliie assignat*, per sacrament' Rich^ Alje
arm*, et aliorum probonmi et legalium liomi-
num dritat* London preed', qui adtunc ct ibi*
dem jurat' et onerat' existent ad inquirend«
pro dirt* Domino Rege pro corpore dvitat*
predict* extitit, proesentat* quod Tho' Walcott
nuper de London gen', ut falsus proditor con-
tra illustriiHMmum et exoellentissimum prinq**
20
M»3] STATE TRULS, 35 Chablb$ U.
pern ]>oiiuaiiin nostrum CarDlum seconds
Dei grat' Aj\gVy Scot*, FmncS et Hibem'
Re^m, et natunJem Eioin' suum, timoren
Dei in oorde suo non habeus, nee debit' ligean'
* Aiam ponderanS sed instigatione diabolica mot*
et seductS dilecUoDem veram et debitam, et
naturajeaa obdient^ quaa verus etfidelis subdit*
diet* Domini Regis erga ipsum Dominum
Regem gereret et de jure ^erere teoetur, pe-
nitus subtrahens, et totis vinbus suis intenden*
pacem et comnjunc^ tranquiUitat' hujus regni
Angliffi perturbore, et guerram et rebellion*
oontra dictum Dominum Regem suscitare et
movere, et gubemat' dicti Domini Regis in hoc
r^o An^Tie subvertere, el diet* Dominum
Regem atitulo, honore, et regali nomine, coron*
imperial* regni sui Angliae deponere et depra-
Tare» et. dictum Dominum Regem ad 'mortem
et finalem destruction' adduoere- et ponere, se-
Gundo die Martii, anno regni Domini Caroli
secundi nunc Regis AngUe, &c.^ trioesimo
quinto, et dirersis al* diebus et \'icibus, tam
antea, quam postea, apud parochiam j^ncti
Michselis Bassishaw, in warda Bassishav^PjOn-
don, malitiose et proditone, cum diversis aliis
proditoribus jur* preed* ignot', consnimit, com-
vassavit, imagnat* fnit, et intendebat dictum
Dominum Regem, supremum Dominum suum,
non solum de llegali statu, titulo, potestate., el
xegimine regni sui Angltse deprivare et deji-
pere, Terum etiam eundem Dominum Regem
interficerej et ad mortem adducere et pouere,
•ct antiquam gubemat* hujus regni Angliie
matare, alterare, et penitus subvertere, ac
Btragem miserabilem inter subdit* diet* Domini
Regis per totum regnnm suum Angiise causare
et procurare, ac insurrection* et rebellion* con-
tra diet* Dominnm Regem movere et suscitare
infra hoc regnum Angute, et ad easdem nefan-
dissimas prodition*, et proditorias compassa-
tion*, imagination*, et proposita sua prnd* pre-
implend* et prefidend* idem Thomas Waloott,
et falsus proditor, tunc et ibid* et dirersis aliis
diebiis et yicibus tam antea, quam postea, ma-
litiose, proditorie, et advisate se assemblabat,
conveniebat, et oonsultabat cum pr«ed* al* pro-
ditoribus jur* pnedict* ignot*, et eum eisdem
tractabat de et pro eisdem suis proditionibus, eC
prodituriiB oompassation*, imagination*, et pro-
positis suis prosequendS ezequend* et perim-
plend*, quod^ueidemThomasnalcott,otialsu8
proditor, malitiose, proditorie, et advisate tunc et
ibidem, et diversis al* diebus, et vicibus, tam antea
quam postea, super se assnmebat, et predict*
aliis proditoribus proraittebat se fore auxiliant*
et assistent* in execution* prodition*, et proditor*
oompassation*, imagination*, et proposit* sua
predict* perimplena* et p^ciend* et easdem
nefandissimas prodition*, et proditor* ooitipassa-
tion, imagination*, et proposita sua predict*
periniplend* et peri&ciend* idem Thomas Wal-
cott, ut liEilsus proditor, malitiose, proditone, et
adrisate tunc et ibidem arroa, videlicet,
{Anglice, Blunderfnmes) Bumbard* (Angliee
Corv^jtoeir) Sclop* (Anglioe FiitaU) et procura-
bafcet pneparabat oontra ligeantie bus d^'bit*,
cpntni paoem dicti Diwuni nm^ coron' et
l6Sd^7VMl#/90MAFUM, iSH
dagnitat* mms, 4cc. wticmm oontrm
statut*, in ht^jusmodi pasu edit* et previa*, te.
per quod pn^cept* fnit, videlicet, dvitat* pns*
diet*, quod non omitt*, &c.quin capemt pnefirt^
Tliomam Waloott, si, 6cc. ad respond*, 4cc el
mo^o, scilicet, ad deliberation* gaole dieti
Domini Regis de Newgate tent* pro csvitat^
London apud Justice .Hall prodict*, in ^ida
parodua gancti Sepulchri, in warda <ie Faring*
don extra London pnetjict*, dicto die Jovas, vb*
decimo die Julii, anno tiicesimo qninto tinrap^
diet*, coram praifat' Wiilidm* Prttcbaid Mils
Miyore dvitat* l^ondon* ac aliis sociis aiiis
Justiciariis dicti Domini Regis ad gaolam siiaoi
de Newgate de prison* in ea ezisten* delibcr*
and* assign*, pnelat* iustic* dieti Deouai
Regis prius nominat* per ouuras anas pro«
prias deliberaver* indictament* prsdict* bie
in cur* de recordo in foimam juris terminaod*,
Slc. super quo ad istam eandem deliberatioD*
gaole diet* Domini Regis de Newgate, tent'
pro dvitat* London prttd* appd Justice Hall
predict*, dicto die Jovis duodecimo die Jalii^
anno tricesimo (|uinto supradict*, oocam pne&t^
Justic* ult* nominat* ven* pned* Thomas Wal-
cott, sub custod* Diidld North Mil*, et Petri
Rich arm*, Vicecoiii* dvitat* predict* (in qae-'
rum custod* ez causa priedicta' prcanlen
commiss* fuit) ad barram hie dnct* in pro-
pria persona sua, qui committitnr pnefat5
Vic* dvitat* London, &c. et statim de pre*
missis pnsdict*, in indictament* predict* ane-
dficat*, ei superius imposit* alloeat*, quwil*
se vellet inde ac^ uieian, idem Tfaomias Wai*
cbtt dicit, quod ipse non tist inde colpabilS
et inde de bono et malo pon* se super patQam*r
Ideo immediate ven*, mde jur* &e. conn
pree&t* Justic* ult* nominat* hie, 6te. el
jur* jurat* illius per pr«fat* Vio* ad 1mmi>
impanellat, sdl*, &c. exact* vener*, qined
yeritat* de pramiss* dicend* elect*, triatS dr
jurat*, dicunt super sacrament* aaum, quod
pnedictns Tbo* Waloott est cnlpabil* de ak«
prodition* pnedict* in indictsunent* pradict* ape*
diicatf, ei superius iraposit* modo Acforoaa,
prout per indictament* pnedict* sufterius veranl
eam supponitur, & quod idem Thomas Waloott
nulla hauuit bona sen catalla, terras aive teiifr*
menta ad eorum notic* ; eC soper hoc atetiBa
qussit* est de pr«fat* Tho* Waloott, si qned
Ko se habeat vel dioere sdat, qnare ear* diet*
omini Regis hhc ad judidum et execution* dt
eo super veredict* predict* procedere non Jk»
beat, oui nihil ulterius didt prtttenpiam ul
pfius oixerat, super quo visis, et per cor* hio
plene intellectis omnibus et singuha pwemisaie,
oonsidei^* est per cnr* hie, quod pned* Tbo*
Waloott ducatur ad gaolam dicti Domini R^gif
de Newgate, undo venit, et ibidem super hicein
ponatur, et abinde usque ad furcas de Tjbaiii
trahatur, et ibidem per cdlum suqiendaiur, el
vivens ad terram prostematur, et quod aeccel%
membra ejus amputentur, et interiora sna extra
ventrem suum capiantur, et in ignem ponanHir,
et ibidem comburantur, et quod oapiit ^na
Sutetor, quodque cofpus dus in quatiior pi
ividalur^ ill« ponantiir uibi Dominaa Bex
M6sy STATB TUAU^ 55 Chaubs IL l6i$^0r High 7W«mii. ;
{pG6
ynUty te. per qaod praoept* liiU
Vic*, qno4 eaperent *0om, ri, te. «d tatufli-
IS ^be. et modo^sdlS die Jo?i» prox* post
I pMdi« iito eodem termino, coram
Bm miDO apud WesUn*, Ten' quidam
» Waloott, fiiina et toren pnedkt'
Waleott defonct*, de alta prodidene
vmiaBt^f convict* et attmctS per Benedict'
Bunme Attomat* aunin, et hmV^ audit* re-
€tid' predicts niper quo pned* Thomas con-
vid^ et attmci« enatit, dicit, quod in record* et
pMccaa* pnedictS ac etiam in redditione jndtcii
mamteate cat errat* in hoc, Tid',' <^ao<f
per record* praedictS qu6d judiaum
t* eat pro dioto Domino nuper Rege, ubi
per lB|pea hinua reeni Anglitt judicium pnedict*
pro* dieto I'boma Walcott reddi debuiaset, et in
e» maniftateest emtf . £rratum eat etiam in
hoCf Tis. quad Crimina in et per iodictamen-
tnn predict' versus pnedict* Tbomam imposit*,
per legea hnjus reffni Anglie inserte, duoie, et
imis generaiit' alMgat* existunt, quodque idem
iadwtMiieDtum suppoeuitf eteidem Thomae one-
rat et impoait crimiha direraimoda, et toto ge-
Done iiiier ae diacrepantia, quodque judiciutt)
aaperiiide reddit*, ait et existit contrarium le-
giMs AngliaB^ et minimc pronunciand* vel im*
panend* pro vel super nujusmodi crimina,
yal* in indiolamanto prsdict* suppcnnntur, et
neo manifeBte esterrat*, undepet* judicium
car* hie in pnemiaa*, et quod judic* et attinctur*
pOBdiot* ab error* pnedict*, et al* in recordo et
prooaas* prsdict* compert* existent', reversetur,
adanllftur, et peaitus pro nuHo habeatiir, et
quod ipae pnedict' Jobannes Walcott filins et
baraa pnedict' Thome, ad omnia quceipse
pml* Jobannea, ooeasione judicii et attinctur*
pnedict* amisit, restituatur, et quod cur' hie
praeedat ad examinationem tarn record' et
pneesa* pnedict*, quam materiar* superius
pus eqrore asiigu*, ^c. et quia cur* dicti Do-
Bttni Kcgis bic de judido sue de et super
premisais reddend' nondum advisatur, dies iode
dat^ est pneiat* Jobanni Walcott in statuto quo
Bttoc, Ste. in cro* sanctie Trinitat', coram Do-
nmo Rc^ ubicunque, &c. de judicio suo
in^ audjend', &c. ad quod quidem crast'
itaclKj Trinitat, coram Domino Reffe apud
Westu* ven' pra^dictus Johannes Walcott per
AMoraat* snum jinedict', et, ut prius, petit ju-
dicium, et qiiod judicium, et attinctur* pnedict',
venMM pnedict' Tbomam Waloott reddit', ab
enur* prsedict*, et al* in recordo et process'
piedict* compert* et existen', reyersetur, ad-
■■lletiir, et penitus pro nullo habeatur, et quod
ipae ffwrndtu* Johannes Walcott, fihus et bteres
anedict^ Thome, ad omnia que ipse idem Jo-
hannes, oocaaione judicii et attinctur' pnedict*
amiait. restituatur, etquod cur* hie procedat ad
exanwiatiiin* tarn record' et process* predict',
ri materiarum superius pro errore assi^i^n'.
And aiier many continuances, it is entered
thus: Super quo vis', et per cur' bic intellectis
minibus ^ singulis prwmissis, dilif^eoterqiie
oauiiiat^ reoord* et process* predict*, eterr*
f'Hiamt^ whether this award it right.
p9t pnedict* Johamiem Walcott smriua w-
aign*, et al* in aeeord* et process* predict* com-
pert' existen*, matuTaque deliberatione inde
prius habita, considerat' est, quod judicium
predict' ab error' predict*, et al* m record* et
proeesB* prsedict* compert* existen*, revocetor,
admiHetur, et penitu^ pro nuUo habeatur, et,
quod predict* Johannes Waloott, filius ethefea
predicti Thome Walcott, ad omnia que ipsa
ooeasione judicii et attinctur* prsedict* amieit,
restituatur, et quod predict' Jonannes Walcott
eat inde sine die, &c. Et super hoc Johannea
Trevor Miles, Attorn* Domini R^^ nunc ge-
neral', qui pro eodem Domino Re^ in hac
parte aequitur, coram Rege ac prooenbus bnjua
reffni Anglie hoc predicto parliamento apud
Irestm' in cpm' Middlesex assemblat', in pro-
pria persona sua ven* et dicit, quod in record* el
process*, ac etiam in redditione judicii t super,
prsedict' iiriori brevi dicti Domini Regis de er-
rore comgend', per predict' Johannem Wal-
cott proaecut' pro revocatione et^adnnllatione
judicii predict' versus predict' Tbomam Wal-
cott, super indictamentum predict*, pro alta
proditione predict', reddit', manifesto' est er-
ratum in noc, viz. quod ubi per recordum
predict' snpponitur, quod predict* Johannea
Walcott poauit loco suo quondam Benedicts
Browne Attomat' suum ad prosequend* pre-
dict* primum breve de errore in et super indio-
tament* predict' pro alta proditione predict*,
quod tamen Benedict* Browne nullum habuit
warrant' Attorn' pro eodem Johanne Walcott
de recordo afflUit*, ideo in eo maniieste est er-
rat*. Errat* est etiam in hoc, viz. quod per
record' predict* apparet quod judicium pre-'
diet' pro revocatione et adnullatione judicii
preedicf^ venus predict* Thomam Walcott, in
forma pned' reddit', redditum fuit pro pred*
Johanne Walcott Torsus diet* Dominum Re-
^m, ubi per leeem terre bujus regni An^e
judicium rll' reddi debuissent pro dicto Dommo
Rege versus eundem Johannem ; ideo in oil
soil* manifesto est errat', et hoc parat* est to-
rificare, undo pet* judicium, et quod judic* ill*
ab error* predict*, et al' in record* et proceaa*
predict* existen*, rerocetur, adnulletur, et pe«
nitus pro nullo habeatur, et quod dictus Domi-
nus Rex, ad que omnia ipse ooeasione revoca-'
tion' etadnuUation' judicii predict* amisit, re-
stituatur, &c.
It was argued on behalf of the hing, that
there was no warrant ^f attorney fildl, ami
consequently the reversal was not regular;
for dereuk of an appearance by t|ie heir, who
prosecuted the Writ of Error; and that there
was no day given to the attorney general ; nor
was the attorney general, or the patentee, a
party to the record, nor any plea or answer
macte by either af them to the asstgnment of
the errors.
To this it was answered, That bythecomf-
mon practice in the Crown-Office, no warranti
of attorney are filed, neither ihr defendantv
upon indictments, nor for plaintifls in the Wirt
of Enors that it had not been known, wiAm*
&67] STAT£ TRIALS, 55 .Chaklbs II. l6Sd.— Trt4/ ^ Tk&moi Wdcot, [dtt
tlie meraory of i^tiv man living, tbat such war-
rants \«ere ever filed : that th^re need no day
to be g^iven to the king, or the attorney gene-
ral, for that- the king's attorney was supposed
always present in Court, uid the king cannot
be nOQSuited, because he cannot be called.
That there never was any answer to the as-
tignment of errors in such cases ; that in ca-
pital cases there needs no joining of issue upon
pleading Not Guilty.
Then it was argued, that there was no error
to warrant the reversal to the attainder ; that
the exception taken to' the judgment >was tri-
vial and i'rivoloos ; that. i/}<o vivente was not of
necessity to be inserted ; that never apy judge
wa$ known to require that the m^n's lx>wels
should be butnt while he was alive ; that the
tame was impossible to be executed ; that the
law never appointed any judgqient fo,r treason
•s ewentiar, besides drawing and. banging ;
^ and tiiat quartering ha« been so long used, as
tobeaccoontedpartofthejud^ent, yet it is
not necessary to make a good judgment ; and
if that be so, no more is needful than drawing,
iianging, and Quartering ; that ancient presi-
dents were thus short; Rot' Parliament'
3 H. 5, p. 1, n. 6. Thomas de Gray et al. had
been attainted of treason upon a special com-
mission at Southampton, and the record of the
attainder removed mto parliament, 3 Hen. 5,
and in the records. Penes Thes. et Camar'
Scacc' 3 Hen. 7i f. 10, a. it is < detrahatur et
auspenrlatur.' And many other there are in
that place to the same effect, and in the same
manner, Glanvil. lib. 3, cap. 13, et Fleta cap.
Ij5. And there is the case of David prince of
Wales, who was drawn, hanged, beheaded,
dismembered and burnt, Britton de Treason,
cap. 8, p. 16. Drawing aiid death is the punish-
ment of treason, et des Appeie^^, c. 22, p. 4S,
to the same effect ; et Lib. Assis 30 £dw. 3,
pi. 19, and abundance of records were cited
as found in the Excliequer, and nothing
mentioned in them but < detrahatur et sus-
^ pend'. And then was cited Rot. Pari.
S Hen. 6. n. 18,Nand the book 1 Hen. 6, 5.
19 Hen. 6, 103, and 1 H. 7, 24. Rro. Coron.
129, there is a judgment against Humfiry
Stafford * per orancs Justiciar' An<;liic, quod
* iterom ducatur turri et abinde pouatur super
* Lerdiltum et trahatur per London ad Ty-
< burn, ibidem suspendatur et ante mortem
* cor<la sciiidaiitur et caput scindatur et eor-
* pus ejus dividatur in quatuor partes et
' mittentur ad v(>luntatem Domini Regis.'
Earl of Essex's case, Mooix^'s Rep. and
Owen's case in 1 Roll's Rep. have not
this inserted. And Stamford, who was a
judge in 1 et 2 Phil, et Mar. says, c. 19, p.
Id 3, only en son view : and Alexander Burnet,
who was convicted of treason for taking
Romish filers at the Old Bailey, 26 Car. 2,
(lot. 56, bad no such judgment ; Corker's
for the like offiencei 31 Car, Si Rot 239,
William Marshall, 31 Gar. S, RoL.24Q. Ami
Mr. John Hampden bad the tike jndgmoit a»
Burnet, ^c. 1 Jac. 3, upon oonfeawiff an in*
dictment of the same kind wHh Waloott'a.
Whereupon, considering that many prendenla
were without this,. and that the esiMntial parta
of the punishment were in this jadmenty it
was prayed that the judgment of rcfvcnal
mu4it be reversed, and thf attainder caniifadJ
On the other nde it was argued, That tbe
original judgment was erroneoiit, and the !»•
venal just* And first it was observ^, Thti
this mit of Error wis new 4md narticiilar^
ex grave querela of the comtess of RiMoom*
mon, who had nothing to do with the record*
was a mere stranger to it, and yet it is uig*
gested that the reversal was to her damage.
Then it was urged that tliere was an error
in the first judgment, for that the judgment,
in case of Treason, is by the.cobmon law»
and that it is and must be certain, and not at
the pleasure of the Court which pronounces
and gives it : that it ought to .be severe, be*
cause it is a punishment for the ^ealest ofienoe
which can be committed, * cnmen lese ma^
< jeatatis,' a sin of the first magnitude, an
offence which imports treachery to the prinoe*
enmity to the country, defiance to all govern-
ment, a design to overthrow and confound all
order and property, and even the community .
itseli'; ana in its consequence occasions tlie
practice of all other crimes whatsoever,, as
murders, burglaries, robberies, &c. and there-
fore oifr constitution hath imposed upon it a
severe ahd cruel judgment, such as the Eng-
lish do allow or permit in no other case ; tae
greatest of other crimes incur death onW-;
but for treason the judgment is different, sir
Tho. Smith's treatise de Republkm Anglic.
198, there ought in reason to .be a proportion
between the offence and the punishment; and
as this is the ^eatcst, so the penalty is * morte
' multo atrocior ;' and in Fleta Ub. 1, p. 91 »
it is * cum agcpravatione peoe corporalis»'
somewhat more man death. Then this beiq|f
a common law punishment, and not prescribe
by any statute, the knowledge of it must be
fetched from our law-books, and firom pren*
dents ; tor the general practice of tbe realm,
is the common law ; it is described with an
ipso vivenUy in Smith's Republica Anglic,
p. 28, lat. Edit. pag. 245. Stamf. 182, en mm
view which is tantamount ; and Stamford •
wrote 2 Elise. In Coke's 3 IniBt. 910, it is
* insoque vivente coroburentur, PuHcfi da Pace
* Kegni,' 224, and many other books were
cited to the same effect: and it was affirmed
that there was no book, which recited the jnd^^
meht at large, but had tliis particular, in it.
Several books do in short put it, that ibr trea-
son the par^ sliall be drawn and hanged and
qua^iered, nut those are only bints of tbe
chief parts, not recitals of the judgment itsdf.
In the English book of juilgments, printed .
1655, p. 291, it is mentioned particularly as
the King's Bench have adjudged it slwulo be.
The duke of Bachiogk&m'a wa^so, 13 Uen. Qi,-
m
STATE TRIALS, 39 Chables II. 1689;^^ HighTredi&n. [57^
8l0fre*« dMromde 515, shews that he wes the
Mnon. Then it was said, they hate beep
mof in cnrery age witboai ioterraptioB, nntU
96 Car. 2. Humfrey Stafford's case, 1 H. 7,
f4. which was * per consensum omniain Jus-
* tieiarioniin)' though quoted oa the other side
iiflhotil;^ statedin the year book ; yet od the
leUf which hath been seen aod perosed, it is
with aa ipgo vroenie : Ptowden 387, and
Bsstal's £ntiieB 645, the same case, is thus :
Cake's Ent. 699, is so likewise : John Little-
tsttin 49 Elia. Coke's Ent. 429, 433, and 336,
is so. In the hHrd Stafford's case, 33 Car. 2,
by the directioii of jthis house, and with the
Mficeof all the judges, was the judflpment so
cifcn by the eari m Nottingham ttien lord
Digh^steward. In the lord Preston's case'it is
so, i^hich was drawn by ad¥tce of the then
attorney and sohcitor, the present keeper and
chief justice of the Common Pleas.
As to the objection. That * vivens (M^oster-
*aatiir.' doth implv it, and that is enough. It
was anawered^ That * ipeo vivente combu-
rsntur,' implies both, but not e contra ; and
all the presidents shew the latter to be requi-
site. And as to the case of David prince of
Wales mentioned in Fleta, there is only a
rdation of what was the execution, not of
what was the judgment. And Coke « Inst
195, says. That &e judgment was in parlia-
ment, aod therefore the same can be no presi-
dent to this purpose ; and any one that runs
orer Cotton's records, will And the judgments
in parliament to be different, as the nature of
the eaae required. No argument can be
drawn from the acts of the /legislature to
S»Tem judiciary proceedings ; jbowerer, John
all's case 1 Hen. 4, Cott. 401, is as now
contended for. Before the 1 Hen. 7, there
were some erroneous attainders } and the
S9 Elix. takes notice of them as so erroneous.
The judgments against Benson and sir An-
d»w Uelsey (cited bek»w) are plainly erro-
neous ; they dispose of the quarters, which
they ought not, bat leave the same to the
kii^'B pfeasure. Sir Andrew's president is a
monstrous arbitrary command by writ to cora-
nisskmers of Oyer and Terminer, milering
them to examine him, and to give judgment
in manner as in the writ is directed, that there
Are is not to be justified ; and it was before
«5 Edw. 3, Henry Ropers 31 Rkh. «; doth
dispose of the quarters, and hath other errors
in it ; and so have William Bathurst's and
Beary South'^, whkh were u 3 Hen. 4. ^But
from that time to S6 Car. 3, there ia none
which do omit it. The four presidents at
theOU Bailey were against Popish priests, aod
what private pohtkreascms or commands might
occasion the omission, is unknown ; and
Hampden was not executed, but his judgment
was upon a confesskm, and his life eared, tha
reason of which is also unknown : so that there
have been none executed upon such erroneous
judgments ; and that there are no more presi-
dents, with the omission, is a g^ood ai^gument,
that those many which have tms particular in
them, are good and legal ; the constant cur*
rent having been this way, proves the same to
be the common law. And this is the most
severe part of the puni^roent, to have* bis
bowels cut out while alive, and^thereibre not
to be oroiited. As to the earl uf Essex's esse
in Moore, and Owen's case in Roll's Rep. te
first is only a report of the case, and the last a
descant upon tne judgment, but neither do
pretend to recit^ the whole^udgmcnt.
Then, to pretend that this judgment camiet
be executed, is to arraign the wisdom and
knowledge of all the judges and king's counsol
in all reigns : and tradition saith that Harriooii,
one of the regicides, dkl mount himself^ and
give the executioner a box on the ear after his
body was opened, <Scc.
'f hen it was ai]gtted, That if it be a n^eei-
saiy part of the judgment, and be omitted, it
is a fatal eiror, and doth undoubtedly in all
cases g;ive a good reason fornherevemi of
such judgment, as in the common case of
debt, where dampua are omitted in the iudg* *
ment,« though for the adv^tage of the defen-
dant, as is Beecher's case, and Yelv. 107.
Besides, if this be legal, then all those at-
tainders, in which this particular is inserted,
must be illegal ; for it is impossible that both
the judgments should be nght ; for Mthcr
those are more severe than they should be, or
this is more remiss. To say, that it is discre-
tionary, ii to give the judges a power, which
they themselves have disclaimed ; add to re-
verse this reversal, is to tell the Court of
King's Bench, that they are not obliged to
follow the general practice of their prede«'
cessors ; that they are obliged to*^ no form in
their judgment for treason ; that nothing but
death, and being drawn to it, are essential ;
and according to that doctrine, a woman might
receive the judgmoit of quartering, and a
man might *be burnt, and both according to
law. But the constitution of tliis kingdom
hath prescribed and fi;ced roles and formSy
which the executive power is obliged and
bound to follow ; thai as notfamg can be made
or construed to be an offence at the pleasure of
the Court, so no judgment can be given for
any known offence at pleasure. But the law»
eitner statute or coiiamon, halh established
what i6 an oflence, and what is its punishment^
and there is nothing of arbitrary power allowed
in respect of eitMr. Wherefore upon tho
whole It was prayed, that the reversal might
be affirmed, and it was affirmed accordingly.
871] STATE 1MALS,J5GSAXl.wII.i5M^1WU«y mite flMe, fi57«
296. The Trial of William Hone,* at th^ Old Bailey, for High
Treason: 35 Charles II. a. d. 1683.
*>
On tbe 13th of July, 1683, Wmiam Hone
beii%. brought to the bar, and having held up
lita band, the^dictment was read, as folloirs :
** London^ The jurors for our sovereign lord
the king, upon their oaths, presei^t, that Wil-
liam ;Hone, late of Londoi}, labourer, with other
him trastors, as a false traitor against the most
iUostriotts and excelleot prince, our sovereigpn
lord Charles II. by the grace of God, of Eng-
land, Scotland, France and Ireland kin^, his
i^ural lord ; nolf having the fear of God in his
lieart ;. nor weighing ue duty of hii aUe^ i-
aiice, but being moved and Midoced bv the m-
stigiutioa of the devil; and the true duty, and
naUiral obedience, which true and faithful sub-
ieels of our sovereign lord the king, towards
him our said loid the king do bear, and of right
ought to bear, wholly withdrawing ; and ifnth
hia whole strngth intending^ the peace and
e^aimoh tranquiUity of diis lungdom of Eng-
land to disturb, and war and rebellion against
our said knt the long to move kad stir up, and
die govenimeDt of our said lord the king within
tM| kingdom of England to subvert, and our
WP lord the king from his title, honour and
kkiglT naine of the imperial crown of this his
kingisMii of Ei^^d to put down and deprive,
and our said Iwd the king to death and final
desttuction to bring aad put, the 3nd day of
llMrch) in the year of the reign of our sove-
reign lopd Charles IL Idng m England, &c.
the ive-and-thirtieth, and diven other days
and timts, as well before as after, at the parish
«f 8t Michael Bassishaw, in the ward of^ Bas-
siahaw, London, aforesaid, malidously and
traiterOttsly, with diven other traitors, to the
juron aforesaid mdcnown, \m did conspire,
compass, imagine and intend our said lord the
king, his supreme lord, not only of his kinffly
slate, title, power and government of this his
kingdom ok England todenrive and throw
down ;, but also oar said lorn the king to kill,
and to death to bring and put ; and the ancient
government of this his kingdom of England to
change, alter, and wboUy to subvert, and a mi-
sendiTe slaughter amongst the subjects of our
aaid lord the king through the whole kingdom
of England to cause 'and procure, and insur-
rection and rebellion against our said lord the
king to move, and stir up, ^thin this kingdom
of England; and to fulfil and perfect the said
most horrible treasons, and traiterous compass-
ings, imaginations, and purposes aforesaid, he
the said William Hone, and many other trai-
tors, as a fUse traitor, then and there, and divers
other days and times, as well before as afler,
malicioosly, traitorously and advisedly, he did
assemble, meet together, and consult with di-
* See the Note at the beginning of WaAcot's
Cue, p. dSI » of this Vpltttne.
vers other evil-dispooed and disoonteiited sob*
jects of our said lord the king, to the juraca a»
yet unknown, and had discourse, and did trawt,
of and for the executing and fulftUing Ibeir
treBt(ODS, and traiterons compassings, imagion-*
tions and purposes aforesaid ; and uiat the said
William Hone, (together with many otho^
traitors) as a false traitor, malicioasly, trailer*
onsly, and adviwdly, then and there, and divens
other days and times,, as well befbre as after,
did take upon himself, and promise to be siding
and asststmg in the executing of the treaaooa,
and traiterous compassings, tmaffinatums and
purposes aforesaid ; ^d in providing of anna,
and men armed, to ^idfil and perfect the said
treasons, traiterous compaasings, imaginatioiw
and purposes aforesaid. And to fiufil, and
brii^ to pass, Uie said most horrid treasons, and
traiterous compassings, imagiuations and pm^
poses aforesaid, he the said William Hone (willi
many other fhlse traitors) as a faise traitor,
maliciously, traiterously and advisedly, then-
and there, did procure and prepare aims, to
wit, blunderbusses, carbines, and pistola, agaioal
the doty of his allegiance, against the peace of
our sovereign lord the long, &c. and againtt
the form of the stat6tes," (Sec.
CL of the Cr. How simst thou, Wfllinn
Hone? Art thou guilty or this high treason^
whereof thou standest indicted, or not guilty?
Hone. In some measure I am guilty.
Capt. Riehardion. You must say, guilty,
or not guilty.
£. C. J. Sir Francis Pemberton. You mast
Slead to this ; and the way is, to confess all, or
eny all. — Hone. I know nothing of the araa.
L. C. J. Are you guilty of the treason, in
conspiring the death of thr king, and providing
arms fbr that purpose ?
Hone, I never provided arms ; I am guilty
of the cohspiracy.
X. C. J. Wecan take notice of none of then
odd kind of words you talk of, birt ^iher
plainly guilty, or not gtiilty.
Hone, My lord, I can truly say, I am not
guilty, for I know nothing of it
L, C. J, If you say so, you say as modi as
is required of you at present.
Hone, In that understanding of it, I am not
guilty.
L. C, J, Well, he mys ho is not guilty.
a. ofCr, Culprit, How wilt thou be tried ?
Hone. By God and fny country.
CL qfCr, God send thee a good deliviranee.
Friday, July the ISth in the morning, the
court being set, and proclamation made.
Attorney General, Sir Robert Sawyer. Set
William Hone to the bar.
CL of Cr, You the prisoner U the bar, hoU
lip your hand.
m]
STATE TRIALS, 95 CBMhU U. l6^.^^ Wg^ fi'iMMM.
[5f4
Bme. lienn I mi^ tetract my plflt: I
mmld plou)' gailty-
JL C. J. Ikryou eoqiess the iBdiotment.
Borne. Yes, my lord.
jL C. J. Tint 18^ that you did oonspize the
diitb of the king, and in order to that, that jon
did provide yoandf with annB to do &is wick-
•iaet
Ham. I nerer did that, my locd, I nercr
pwf ided any arms.
L. C. J. What were you to have done P
Heme. ThatdepoeitioiiIgmTebeforeairWB-
Kam Turner is true.
JL C. J. TtXi OB ^hat you were to have
dine IB this Uoody matter.
Hme. I was asked by one Mir. Richard
Coedeuongh to go along with him, and tasked
him whither, am be would not tell me; bat I
nndentood it was to kill the king and duke of
York, but he did not tell me the place.
Sag. Jejferks. He. does not confess AiHy;
we desire to tiy him.
Xk. C. J. Look you, « yon haFo pleaded not
gnil^ to this Indictment ; The king is willing,
mat if von be not guilty, you shall not be con-
demncJ; and therefore ne does desire and
command the evidence against you should be
pnhfiely giren, tint all persons may see, that
jon are not without cause brougiit to trial.
Theeekre swear the Jury.
The prisoneri^allenged none ; bottheJuiy
that were sworn were, Nicholas Charlton,
Chfistopber Pitts, Robert Beddingfield, John
FsHing, WDKam Windbnry, Thomas Seaton,
William Rutbnd, Thomas Short, Tbeophilus
Han, John Genew, John Short, Thomas Ni-
Then proclamation for information, and for
loee that were bound by recognizance to ap-
pear, was made.
CLefCr. WiDiam Hone, hold up thy hand.
(Wfaidbi he did.) You gentlemen of the jury
that are sworn, look upon the prisoner, and
hearken to hia ouise; he stands indicted by
the name of William Hone, &c. prout antea^
m the Indictment, mutetis mmtandiei upon
this indictment he hath been arraigned, and
hath thereunto pleaded Not Guilty; and for
biatrial. Sip.
Mr. JoRSff. Msy it please your lordship, and
yon, gentlemen of the iur^, the prisoner stands
ttdicted for the most horrid treason that ever
was endeavoured to be committed in this king-
dom, for traitorously conspiring to kill the
king; and consulting bow and in what manner
it should be done, and for preparing arms for
Ae doing of it. We shall prove this to you,
and then I hopeyou Will find him guilty.
Att. Gen. May it please yonr lordship, and
you, gentlemen of the jur]^, the part the pri-
soner at the bar was to act in this treason, was
the killittg of the king : he was one of the
imsons tt^ were to be assisting- in asnsnnat-
ing the lang's person. We will not troid)le
you vrith the large evidence of the rising, as
we did yesterday ; but we wift prove wese
things upon him, thai he undertook to do it,
that he was couoenied with Aeioest of the con-
federates; We shall ihew you this is not a
neiw thing, but he hath been an old rebel ; for
this ham not been a new project, but hath
been acting several years. Five years ago»
when the king att^ded my lord mayor's
show, he undertook to kill him off -of Bow
church. We shall call our witnesses, and
Srove it fully upon bim. Mr. Keeling, and
Ir. West.
Mr. Jouat KuUng sworn.
Att. Gat. Do yon tdl my lord and the
jury, what you know of this prisoner at te
bar.
Keeling. The first time I saw him was at
the Dolphin tavern, when the arms were
agreed upon, he vras there then.
Att. Gen. Who wasthercthen?
Keeling. Mr. West, Mr. Goodenough, and
him J remember particularly, and some others,
whom I do not at present remember, and since
that he ba^i taken notice of mo.
Att. Gen. Was Mr. RumboU there at that
timeP — Keeling. Yes. '
Att. Oen. nay at that meeting tell the jury
what discourse you had ; fiir many of these
g;entlemen are not the same that ware en the
jury yesterday.
Keeling. It was discoursed then of the king^
coming home from Newmarket the Saturday-
after the fire. Mr.WesttoldMr.Kombold,he
heard the king would come home that day.;
but, says he, I do not believe it. Says Rum-
bold, I hear he will come home on
Says Mr. West, I hear so too. Thi-y said,
they hoped they would not come home on
Monday. Says Mr. West to Mr. Rdmbold
then. How many Swan-quills, Goose-otnfls,
and Crow-quills, tod how much sand and ink,
must we have P I think the prisoner at the bar
must needs remember it as well as I. It waa
agreed by Mr. Rumbold. I think I am exact
in the number, and he was by and heard aU
the discourse.
Att. Gen. Whatdklthey mean by tins f
Keeling. By swan quills they meant blun-
derbusses; by gedse-quilb, musquets ; and by
crow-quiUs, pistols; and by sand and ink,
powder and bullet. He took aoquaintanoe with
me after that meeting, (for I never saw him,
as I know of, before) and after some time he
told me, he was one of them that was to go
down to the Rye to assassinate the king. And
since that, at a coffee-house in Swithiirs-alley,
he told me, it would never be well tiU the
Blackbird and the Goldfinch were knocked on
the head. They being terms I did not under-
stand, I asked hnn wtnt he meant ; he said the
king and duke of York.
&rj. Jeffl You are sure that is tiie man ?^
Keeling. I am sure that is the man, WiUiam
Hone.
Soj. J^. What, is that the man finttaficad
of the Bhkckbird and Goldfinch?
Keeling. I am sure that is the man.
Att. Gen. Now swear Mr. West
575] STATE TRIALS, S5 Charles II. i68S.— TriU ^ IfUUm Hinei [676
• Ser). J(g(fl If Mr. Hone has a mind to aak
faim any questicmB, he may.
Heme. My lord, thu 1 deny: As to Ih^
Bladd>ird, I own it ; as to the Goldfinch, I
never heard a word oflt till this time.
Ser). Jeff, You had only a design npon the
Blackbird then?
Mr. TTei^ sworn.
Att. Gen, Tell the court what you know of
the meeting at the Dolphin tavern.
We$t, I was there, and Mr. Keelinff came
in. There were several things said of swan
quills, fipoose-quiOs, and crow-quills, but this
man did not come in till the discourse was over,
and I am sure I did not speak of any thing of
this nature before this man in my life. But '
Blr. Ooodenough did undertake to proviile the '
men, and Mr Goodenough sal((, he would try
him, if he would make a^ attempt upon the
duke without the Ipng. And I asked him,
whether he had seen Mr« Goodenough. He
told me he bad. Says he, he spoke to me
about a little job for the duke. M^. Good-
enough said, he had spoke to him fuJW about
the thing. And I saw him often in the com-
pany ot Mannius, that was designed to be
another of the. assassinates. He was at my
chamber once ; says lie, master, shall we &
nothing f I think he used these words, That if
the duke of Monmouth would be true, and
appear, he could bring 50 or 60 honest men
of the other side the water, to do the business,
I asked him. What business ? Says he, either
a brisk push (that I took for an insurrection)]
tor the two brothers : Says I, what brothers'
do you mean? Says he, the captain and lieu-
tenant ; those were the two terms they used
fcince the Van-herring was printed. I think he
was a pretty honest fellow before this time ;
he was deluded by Goodenough, I think, in the
thing.
X. C. /. (To Mr. West.) Do you eome to
justify these things ?
We$t. My lord, he hath been deluded
basely, and I am sorry for the poor fellow.
X. C. /. It is a very unusual tlung, for one
in your condition to use such expressions in
such a case.
Sen. Jeff. Mr. West, you have been de-
hided.
Att. Gen* Captain Richardson a^^d sir Ni-
colas Butler.
Seij..J^. I find he is not worthy of the
mercy the king hath shewed him.
Wat, It was a word I put from me una-
Seij. Jeff. My lord, we will give you an ac-
count of a design this noan bad long ago to kill
the king.
Sir NieoUu Butler sworm.
Sir N, Butler. My lord, I know the pri-
soner at the bar very well. I have known him
many years : I have always known him guilty
of plotting and contriving, and ready upon all
fcoaiipiw ^ embrace any thing for tA«ie pur-
fKMes'laid to his chaige; particsdarly, wben
sir F,ranci8 Chaplain was lora mayor, bis a»»
esty and die diike stood at B&. Wakioe's
house,, by reason of Jbe Angd H«use bemg
shaken ; and he came to my house, and told
me, he would discourse me upon seme^nrivate
matter ; I called him into a closet, and be toM .
me, they had a fair opjiortunity to take off tiM f
king and the duke at once: I toM him, that
would do very well, but how will yoo do it?
Says he, we will do it with cross-bows ; we are
to be half a dozen, and we will go into the
steeple, where there is a window just opposite
to the balcony : and a great deal of discourse
we bad to this purpose. My intent was to di«
vert them from this design, and told him how
impossible it was they should escape the foot
guards and horse guards^ and multitude of
people : and if he aid not do the business ef •
fectually, he would be undone, and all die
paity . I rested satisfied he would have depiited
upon this. But I knew the principles of tbeseb
fifth-raonarchy-men, and their associates, and
thought it not sale to trust to his bare say-so,
that he would desist ; but I went to the kitt|g
and the duke of York, into my lord ofaamher*
lain's chamber. Where they came to me, and I
gave theo^ this account, and desired them to
set some to watch the place, and to search if
any were got into the steeple before they came ;
and there was one Uorsal appointed, that did
accordingly watoh them, but none came: upon
which some good willers to it have reported,
that it was a sham business ; but I think that
was not well done. But the thing was leal^
and when he Was examined before the kiuff ia
the secretarv's office, he did confess aU tMe
things that 1 chaiged him With.
Att. Gen. Hadyou any disoourse of killiBg^
the king at this time ?
Sir JV. Butler. No: At last they did un-
derstand I kept a correspondeooe at oouit,
apd tben they would tell me ne more.
Att. Gen, Since he was taken, what did Ike
say about this matter ?
Sir N. Butler. Abdut diis matter he did ac-
quaint divers ; he was one tlut was to kill tbm
king and the duke.
Captain Bichardsan sworn.
Capt. Richardson. Sir Nicolas Butler asked
him m my presence (I went along with air
Nicolas wuen he examined him) as to this
thing; how he was ooncemed ? He said, Mr.
Goodenough came to him, and told him be
wanted labourers: he asked him, for wbatf
At last he did confess, that Mr. Goodenouflrik
did ieU him, it was to kill the king, and tbe
duke of York; he did oonfoas, diat he did
agree to it, and that he would, be one of them.
He did likewise say, dial after, at another
meeting, he was for killing the king and saving
the duke ; but Goodenough was for both.
Sir N. Butler. He said he was to have »L
Capt. Richardeom. He sud, he did not de*
sire to stir, and Goodenough told him hm
shouU have 30/. to buy himtt^ct^wid vaoor :
511] flfTATATRIAtS, SS
aoliM^'fB dM'6iiniie99 of the Ityc, the plaice
be did .not k^w, but sai^, it was the place
wiere'ihe'king was to be murclered. Tw is
the mbstance of the examioatioB taken .
^. Jeff. Though the prisoner at the bar
ditf pardy make a eonfession ; yet for the sa-
tismctiop of the worlds my lord gave us leave
-'to caU oi|r witnesses. ^
Capt,. Richardson. That which sir Nicolas
says about the cross-bo#8 he did own, bnt— *«
L. C> X What say yon to Uiis treasonable
desi^of yoar's, in undertaking to kill the king, ^
in^liiriiiig yourself out to be one of the persons
thit should have executed this traiterous de-
n^, this hornil murder, to have killed the
lung at the Rye? i
Hone, I say, I did not know the place
where, nor when, at the time it was proposed
abbut the Rye:
Z. C. J. But what io yon say as to the un^
dertakiag to kilt the king? The otiier is but a
cireunistaiice^^ this n the 'material point.
Hone* My lord^ I was drawn into it by Mr.
Biehard Goodenough.
JL C J. You bear what sir Nicolas Butler
sa^ oftbe <^roiaB-bowa ypu designed to kill the
kif^ with', What say you to that ?
Hone. ' I say, ihera was a person told me of
SBCll k thing ;^ and I told sir Nicolas imme-
dialdy of it. The person that told me was
a sftM>p-keeper, atkd I dbn't'kn6w-him.
.(fir N. Butler. Youliamedl three pei-sons to
the king that were confederates with you, but
ytMi c^me to me of yourself.
L. C. J. Look you, you yourself was one of
/i0S5.^dr High iW^m.
[sn
the wicked imdertakers in that traiterous der
sign'.
Hone. No, I did nerer design it, but I was
told it.
L. C. J. Ay, that yourself anj some other
good fellows we^e engaged in the design.
Hone, i was not engaged, only as I was tol j
by a fellow, that there was a shop-keeper lived
hard by that would do suoh a thing, and I im-
mediately told sir Nicolas Butler.
L. C. J. Come, it is in vain for you to mince
the Quitter, for here is a full evidence against^
you : The best you can do for your advantage '
now, is to consider w^ll with ycrarself, and re-
pent of this wicked ddijgn. What religion do
you profess ? — Hone. ReKgion, my lora ?
X. C. J, Ay, any or nope ?
Hone. My lord, I hear several sort of men^
sometimes &ptists, sometimes Independents,
and sometimes the Presbyterians.
X. C. J. But regard none. . Look you, gent
tiemen of the Jury, yon hear a plain ease of a
baiharouS'murder designed upon the king, one .
oftbe horridest treasons that bath beenneani
of in the world, to have shot the king and
the duke of Yoi^k in their coaches, as they were
coming upon the road. " You have had full
evidence of this man's heing one of them ; and
tlieretbre 1 am of opinion, that you must find ^
him Guihy.
So the Snij brought the |urisoner in Guilty,
without going out of Court. , ^
See an Account of his Execution at the end
of Lord Russell's Case.
297. The Trial. of William Lord Russell,* at the Old iBaitey,
for High Treason: 35 CitABLtES 11. a.d. 1683.
THB'lord Russell ivas set to the bar, and
plieeit withhi the bar.
Cierk of the Crdipn. ^William Russell^t bold
* See die ]Kete to the beginning o^ Walcot's
Case, p. 5tty of this volume. Balrymple, in
repe^ing firom Bomel (whom he so much xler
preciated, seethe Note to vol. 8, p. 184, Ki6)
the aoccitote of &e observation, which lord
RoaasU felt an inclination to make to sheritf
Rich, fUnfies the sentiment expressed by Rus-
sell, aad presents him as checking himself
from the recollection thai Rich might feel pain,
instead of from reflecting ttpon the indecency
of heiiig merry at such a season. See other
iostiEacea of Daii7mple*s habitual niisrqpre-
sentai^oiiB-til i tiote to the Cas^ of lady Lisle,
A. a. 1685. ; 8e^9 too, his o^vn £Ve&ce to his
M£«ii0ihi,'in which he says, *' From comparing
thrhotes which 1 took in France, with' the
oopifes -'of toe pipeGs seni me firbm tfaeobe, 1
find^ In ffkne ^t&tanoes, a d^erence in the 4a^
betMeU us, o#io^ pn>babty ta itiy oversight ^''
iMlffiig,^ hoyrfever, ^* but in aU , other remects,
the oopies 'agree \idth the notoi." Sir . Jdm,
aftei^^^marHagiiB^betBUing,' (with hi» ^gieflt
VOL» lip.
up thy hand (which lioxlid) ' Then the indict-
ment waa read as ibiloweth : -
*< London, ^hejurorsofonr sovereign lord
!■ ■ » I
he,.butgi«at^ she^Vsee Boswell's Johnaon) the
plam distressful tefe^f Russell's final sepork^
tion firom his family, improves upon, it, hy re-*
Ifiting how * she lost hor ^e^'aight hy conti^
nual weeping in privifte. ' On > what authorit^^
he says tnis, or tnat she called ofWn for death,
I know not. It apbears thai for. a disbrdsc
in: her eyes, lady Kussell was snocessfviliy
couched on June 27th, ^6^4. (See Birch's
Life of Tillotson, as quoted in a Note to p. 561,
of Lady RusseU's Letters, ed. of 1799). ^ I
have been informed by a very learned, slulfid,
add experienped physiologist, that a cataraot
Srhich sieems to Mvelieen tjiie malady of lady
usrJNeU's eyes) is hy demeans fikdy..to M
produced by weeping. Aa to the imputations
on Russdl ui respect ofN ooonectieDS widk
Fnaice, see JUg^emon Sidney's Case (in this
sahie'y ear) inrUus Collection.
I . ^ •. . - ' .
' ,t £ta'Wa|^ lord i>nly bycouitesy, as being
el(|eBt>«^ the eM of Bedfdni.
2 P
Sg^^ STATE TaiAIJ, 54 CjfAEn»|I/l6$5.^IHdf:»/in^ lf9^
the Vagf iipoD their Ml}% proseii^' lliat'
^villiamRassell, lateof Londod, esq. toge^ier
.with o^er>f]^8« traitd», at a fiUse ti^aitpr
against the most iltustrjpiift aaJ excettent, eopy of the matter ^ff^ Ui4 a^nst n^ tba^
.pfmpe^ oiu" aaYereiffn'lord Charles a, bj the
grace of God, o( Jbogland, ScoU^nd, FracKHi.
ftid Ir^aod, l^ng, hl^ fiati^ lord^ .not ha^- '
Kig (be fear of Go4 i^ his.hev^nor veighiag .
tba diuy .of bis .aUegi^n^, but being moVed
and seduced oy the iastigatioQ of the Devil ;
^dtl^U-ue duty, and oa^ral obedi^noe^whl^ih
^nie and f^hlul sut^ect^. of oqr sovereigii Ipvd '
jthe kiagr tovards him qu^ said lord the ki|ig^
do beas, aud of ipight ooght to bear, ;<vfaq£r
withdrawing ^.afid with hit whole strength
intendinp^ t& peace aq4 ooovnioa traoQuilUty
of this kingdom ipf £ngUgftd.to distqrb, and
irar aa^tf^Ui^n agaiastj our sahft l<H'd the
king to ]g»ove and «tir.up,;and die gDvcenamept
h£ our said lord the-kiog, within tiui0 k^dom
of £npl^d: to subvert, and our said lov^ the
|Eii^>irom hia. tide, hoaoor and kingly name
of me imperial .cro)m of thi^ his kiBgdmn of
^^lamLtai p^t down aad deprive, and dm
ffiujf loiid the |ciag V> deatii .and final des|r««-
ti^ ^0. bring and put, the second dav of No^
Teraber, ia the year of the v^n of our ao-
Teriign k>rd Cbariea 2, kiiMr of England, j^c
tjhe 34th^aAd divers other £yaand^tirae8, as
well before as after, at the parish of S(. AU-
chi^el Bassishaw, in the ward of Bassishaw^
London, aforesaid ' mraKciotisly and' grafter-
ously, With divers (A)ier traitors^, to the jamttf
9lbf Q^oid a^kn^wfi, he.dJK) eonspire, eonupas^,
imagine and intend our smdrlord the King,
hh supreme lord, not only of his kinffly state,
tMO; power and goiFemineiit of this'nis king-
dbm of England to depriye aqd throw down ; ,
Vil alto duv said lord the Mng to kSP, 'aad-to •
death to bring and pat ; .and^the ancj^t ffOf
vemment of this his kingdom' o^ ^oglanato
clMg«, jilmi ^ ^Mfy to BUbTon, &nd a
miserable slaogliter .avooiuat the sal^jeGts of
our 'said lord:> th% Uafl^ thrQUgh hU .inrhole
kingdom of Rnglaad ta cause and ju-ocure,
and insurteetidn and rebelUoii agamat .our
aaid lord theldng to move, raoeuce, and stir
up, within this ungdom. of fnglaad ; . and ta
iiilfirand perfect t&aakimosi horrible trea-
aons, and traiieBOus coadj^aasinffs, in^Mnna-
tibns and pnrpOBes aibreaaid, he die aaid Wm.
Ruasel, ta^eiher with other fidae traitors, as
a Uw traitor, then had there, and idivars
other daya and times^ as wsfcll before as alter,
maliciouriy, t^iaiteKoaaly and advisedly, be-'
tM'een theiaaelves,, and. with divers .other
traitors^ to the juiora afoveaaid unknown,
they d^ tmeatr tiigediar. coaatik, agree and
oondnde, and e^eiy of tliem,<then rad^here,
did consult, agree, aDdfionbluAey inauirection
and.rebellioD against our sovereign lord ihe
Giiilit^ or JVd GoiHy ?- ;. , . . ^ . :i
th^fdEu^U. ]Ml> htfVmny I not Mw «
1 -may Jinow what tf> anaw^r to it ?
.X.^ C. J. (sir Francis Pemhqrtoo*) My lord.
*' Mr. Serjeant Runamgjpn,, ia the Lifeo{^
LfDvd 4<W ^hich he baa pra^xedto his edi-
tion, (pu^liidied in the year 1779)» of Bale'a
History of the Comwou l-^V^H^P^VfSJf ^^
eocroptioii of die channeb of^iMf|Jp<i9Pt ift ^
the latter part of Chwlea the -Se^ioaVmfgn,.
says, <^ 1» the year t68S, on the trial of lord
Rttsyell^ jQSVri(«f^ U) his speech to thcjuiy,^
turned the untimely fate of Essex into a arcHU ,
' of the cop^piHAOy h) fv^^^|ifl>4 <uid Vqpsdl had
Ml eng^MSJW ..PftBE4e|iftn..wfio pr«aMV\ ■* '
, chief justice, behaved to the prisoner -wijlh % .
,eai)dour and deoovui^ «#eldi«pi|| 4^d Jn \ the
judgea flf that reigiv^^JtlilftfVBCBai^iug one. *.
But before Sidney was brought to hi^ trial,.
Peioberton was removed from the head af the
King's-bench and even from the privy eounoil,
and Jeffeviea put is hia plaoe, in order» by the
fierceness of nia mannen^ to. cope with a oha
die vigour of whose a^itwaa known throiigh" .
out ]&nQ|»0.^ in gmMf this a^st^ount, tba
leaH«^$eiC^eMiMtaasjtohfife'he0iiiWqi by
two 4pan»gea -^im m 4oh« Di^yiQtl^'* Mfir,
ipoirs, (parjt if haak:!,'-^^ 31 and 34, 4tt> .^ •
of 1771) with whkfc^it agw^ almost wo^ nr
wofid'.'Biit, indeed, sir4<dmDalrymide,no^ •
withstanding his attack upon the autnentici^
of Bumat, (!fee-».Not& to S^aaonr^ Cas%
vol. 8, pp. 134, 136; ofHhis ColleodoB) is a
veiy onsare guifie a* co ncia, wmaiyTyeeem'o^
sentiments, or any, Q^h^ ^matter. iSefi die
Kbtato*iritcKell'8^asd, ^ol.6,> ltttl,^£ia
CpUecdon, and the ^tj^bafing^ refefred to ■
ip t£e Note to Seymour's Case just mentioaed :
othe» instano^ ^'his want; or exaiyt««Ba a»a
noticed in this report of the pvoceadingaagaiMl i
lotdHuaaellf and in the Oaaea o^' Sidney, ^ K^ ' '
1603, oflady lide, 4. n. 1685raudof tbeSavea
Bishops, A. i». 16l»,inthiaColleodan). F^oMber-
'tpn, (see Burnet's aaocountof him in a Note, val*
8, p. S45, ofthisCkdlaotioB), waaiiotobie6wilio«
of the KingVbench when be tried' lord R»»
sell, nor was he aucoeeded in tha offita: of
chief jostioe of theKing^a-heneh by JeiemB,
nor vras the pradeceaaor af leJaiifle ia|habflffiea
removed, otherwiaa than by tbe*aet.of ^6od;
nor was Pembeaton iBaatfed ftow^thei jHy*
oouncii before die tnaipfSidaey. lr^^^^^hiffa>|^
was mada a justice of B^R in the h^giaoiag *
of Easier Term, 31 Car. 1), a. n. 1679. <Ba»
9 Shoir. 3£). He was dtspboed ftooa- tlwt
office after Hil. Term in tha ncsrt yMa, aoi
^ijetunied toiiia pracdce ait the bar, (Uttoii^
;94). InSa8terweefcof'tfaafQlkNriB|f^BBar,.te
kteig^ within thia kingdom bf £nglaad, .'to :was appointed chief: jMlice of the Vng^a*
aBate:.a^d atir up, and the Guards -for tij€i» bench, (IShow. t55), iTaBawlBd& ofios^lM
preservation of toe person of our said Idcd' w4a, inmetracatkiaarap itich. Term, ]§M»
the kiD<y, to seize and destroy against' the remored to*- the plaee of. chief jiialM*of itm
du^^fhiSt^teiMiee) against die peaoey 8c^« Common .Vle^ -(tdShdiri iM), i^d iIm^
anu alao agmnxthe form of die rtafarteti %bc*^' . put o^ of: Ihai ofl|pe iia ite
sit] ' ' AitTB TRtJk^, 65 CttABi.88 n/iGn^^^OgiTtmikJ ^ iSM
Thercfoflfe^ th%t wUoh s pot tp you no#ii/
iJA-fbiMK: MylM«, I«ni KotQtnHy. r
^fen <r 0^: CtttpKt, hbw^lt (hoa be tried P
Ld. jRmneiL By God end my country.
^a, ^Or, God send tikee a good deKvmfioe^
lid. tbuulL My lord, I tfaouffbt « prieoner
bad nerer'beeo arraigned andtri^at theWuhe
titee. ' f liave beeH a el6s« pHson^.
"'£».'€. J, '¥9t tMnwxn ilus ttatore, my
lofd, vr^'do-ft.coOttAoally. ,
* JjL nMmfh n-iiHiafd; i^ locd.
, Attorney Otner^fhir^ifberiiStLwy^T). My
lord Im^ no -reason to oofnplaiqf for want of
dotfetfl'^ oinoe Monday se^nnigbt he bad^
iMde^oF huf tlial, iknd tbe matters alleged
iMhidl^bnA h» had notice of; for ' qnestiona
-wtite ytd^ hhn about this matter? he hath
6eeii Tery faMy dealt ii^th, he hath had the
Ifterty m coans^ 4o adrise him ; there hath
heen no sort of liberty denied hira^ which
beeomes 4ky. adUect' to har^ in this oondi-
■ ^ ^'i/- ,.My '^' I dCKntrl know i^hether
joa lion' ]K AA^ftuef^'heMys, yourlofd-
Ship Hatii'ltefl a gfbat^i^al of fiiyoor shewn you
dready, in thatyon haro been acquainted with
4he cnmoB for which you are i)ow indicted,
diirt' you bate had a great deal of warning
#ifen yon, rtiat you have had the liberty or
ooonsel, iniich hath not been known granted
to any tinder ^otir lordship's circumstances.
He say^ .he doubts not but your lordship ia
jrepaMfor your defence, because yon have
Ind 80%ach Knowledge', and wanrfng ef the
time and matter for whidr yoii were to be-
•aiWid in question. . ' ' «
' Ld: ftuiieit. My lord,'I am much to Seek ;
(only tteard* some veneral questions, and I
hare'witnesset diat I believe are not yet in
itffm, nor will be, I bcKere, till night. 1 think
it rety hard I can't hare one day more.
Midty Term, t6es, (8 0how. -911), shOrily
after the trial of lord Russell. ' He waa'lPo^
moved from ^tbe prity oobncil on^ tb^ S4tb of
Htlilia vdlowliig, a» appean by an entry
which I have myself seen m the conneilbooks.
When PtoibertoiS ^vas'i^ehiOTed front the chief
jm^uiiihgpof the King's-bench, ^-woss^.
€Med-hifhatoilloe by Saunders, who held h
ttVia ilMth, on tbe 19th of ihme^ iOHS,
wbereopon Jefferies waa appointed to 'it:
(Sflbow. SOe, Sll). ' Roger North, Examen,
di. 5» a. 140, p. 4i0^i goes beyond' Dalrym-
pla m totumuialMk of the proceedings la
ilwfcfflitikl. Heaaya, <<l8h41oldyaffihn
hi gmmlt'tkat n^her in Engfutdnor any
^OMV^Matfy m the worM, had erOr any ])br-
MB'tBMle^ a vapM ehntge of traaaon agaimft
i/bb g^MfHiMeftt a mora indnlgent joiot to say
ilflHly>lr Mfiftr) trfaV far Ms m than my lord
mdtmAM.*^ OKber hMtoritfto apeak aomo*
•ton mMJOf, kfi6rytttd(!r>iraijtrf9d'ibf
ML GtHi Monday ae^eiltiighityomrlardslhip
hidnotice. ^ ^^
Ld. Jtttitl?//; I did hdlkoow tho maMel*! '
^raa ehmed with.
^I#. Gea.. Yea, certainly ; f^r I was with
yon mysfslf, my lord ; uid^hooe qneafiorfayoa '
were cscantiEfed jbipon, were ti fiivourto you, that
yoa aught |cnow what the matter waa yoa
WCfr^iOcnsedof.
X. C. /. My k>rd, without the king's con- ^
soot, we eann pdt off Ae trial : if the khig^a
counsel think hM fit to put it off, we can't grant '
yoixr loidfMp's inquest in this caae.
Ld. Rt^ell, I would desire a oopy Ofthe'-
paOel of the jury, that I might consider of it ;
for how ^60 can I make atiy just ohidlenge ?
I thought the law had bieen very ikvourable to '
men upon their Uvea; and thttefore it had il-
lo#ied people lo have some lilUo notice.
' L,C. J. Hath not your lordship had a copy
of the panel f I thfaikyour k>rdshipwas al-
lowed one. We gslve order your lordship*
shouki have a copy of the panel.
.Att. Gen. We did indnlrehim solar, that'
he might have a note of all the then returned.
• hA:BJU$ielL I never liad'a copy of tfie panel^.^
X. C. /. II waslh^ feult of your Ibrc^fai]^
servants then ; for - 1 gave order Tor it myself.
Itia such a favoor,' that in regard a man'a life
lies at stake, we never did deny it*, to my
knowledge. And therefore in this case I gave
order to the secondary to deliver a copy. I
know the king did not design to be hard upon
my lonl in his trial, but that he shoidd have aa^
fair a trial as ever any noble person had.
Ld. RnaeiL I prtfy I n>ay h^ve a eofy tbeit.'
Settj. JefferiOf. if my lOrd^ad sent his agents^
and it hadTbofeft refased,- thojp had been aome*
thing in it;
^ Mtii Gen, aecondary Nocnenaei' #03 yith
me, and 1 gave him ray allowance, ^oMglbift
waa not his right.
' X. C. J. That my lord may not be sivprised/
what think you of giving my lord time ttll-the^
afternoon, and try some of too rest ih the meaia
time? • ' •
Att. &en. Truly, ftiy lord, if I could imagirtO^
it wore peaaible for my lord to have any wit-'
nesaea, \ should not bo a^i a^ it.
Ld. RumiL It Is v^ hai^.
Ati, Oea. Do not say so r the king dOM
not ^Ksal hardty with yoa v bm I aiii'afi'aR) ic
wiki.appear you'^wo^M t^ve doflAt • inore hardly
with tbe king : ' yon WoM not hare giren the '
kinj^-aa ■hoiif'»«otiee ihr Mving his life.
H^ooudary IVo^oln^. I gave'my hrotfler
Normiuseha copy of tkfe panel on my-'side,
and bear that aay bMther NonniBsel haih said
that he delivered a copy.
Then SSceadary Nbrmafuel was sent for, and
the coiirt staid for him some time.
-^^9-
A ■ i ' .wn
* << But it had been denied hi CoUed|^'s cfae |
arid waa afterwards denied to Mr.- Cornikh, till
the thne of his trial, when it eottM be of so woff
vice to him." Noteinfomer Sditkiih. ' '
sm STATE TWALS, 35CpABl.EI W. J6fl3— K-w/f/ fmimJ^ilfmieB, 1^84
Mr. Aimood, My lord, « gentlemaii told me,
he did not know whether it was' fit, till he bad ,
consullfid the Attomev General; afterwards
I had a copy as itstooo then, not as it is now.
Att. Gen,\ I desire my lo^d may be asked,
wlio. he sent for it ?
lid. Russ^N. I did not send for it ^ I inquired
and tbey said it would be refused.
Atwood. No, the gentleman had it with the
lair periwig.
, X. C. X It was delivered to your servant or
agent. What did you do with it ?
Ld. Ruisell^s Gent, Sn*, the gentleman gave
. me out of a book some names.
Seij. Jefferies, What did you do with them ?
Ld. JEUutelPs Gent. I writ them down ;
tbey were not perfect ; I did not know what
they were.
L, C. J. Sir, yon were to blame not to de-
Urer it to my lonl.
. Ld. Ruueil's Gent., I was not boimd to de-
liver an imperfect thing to my lord.
£. C /. Sir, you should have consulted your
loin's advantage, so'a^to have delivered any
tbmi; for his good.
'U. RtutelPg Gent. My lord was in the
~ Tower, I was not fuJmitted to my lord.
Att. Gen. Did you give it to my lady P
, Ld. RusseVs Gent. Yes, those names I had
ny lady had.
Serj. Jefferies. How long ago was it ?
. Mr. Atwood. Tuesday or Wednesday last.
L. C. J. (To lo>*d Russell's servant) Look
you, Sir, when had yon this ?
Ld. Rjusaeli. I had no p^mel, I will assure
you, delivered vie; I had some names of peo-
ple that theysaid were usually on juries.
. Jt. C. J. They were the names of the jury.
Ld. Ausull. They were only the names of
them that were like to be of the jury ; no other
panel came to me.
1*. C. J. My lord, there can be no other
oopy given, but the same that was delivered ;
for yoor lordship does know in this case, ainr
Iierson accused as your lordship is, may chaf-
enge thirty five; andtherefdre there isare-
tuni generally of three or fourscore, and these
«re returned incase of your lordship's chftUenge.
When you have challenged so many as you
please, then the twdve men that stand after
yomr challenge are to be of the jurvv And
therefore this is not like a pand made up by
the sheriff in ordinary causes, between man
and man; there they make a formal panel,
from which they cannot dep«rt, w^hen that is
•nee returned ; but here in criminal cases, be-
capse of the challenge, they return either sixty
mt eighty ; and I presume your lofdship was
attended with the names delivered ?
8eij. Jefferie$. How many names were de-
liverodP - ..
Mr. Atwood. Above a hundred.
Ld.. Ruuell. 1 had nothing of a panel de-
livered to me, but some namea»
* In> C J. There never was any formal pan.el
delivered to any person aoenaad : ihe-c^py • of
itisinpaperatwaye.
Ld.. Ruttell* ,How cai| I know who to^chal-
lenge. ^
' ^LC.J. My lord, the oopy, of it is in your
bauds; j-our lonlsliip liatti been deceivApl.ui
ibis, by not understanding; the true nataraof
these^things. If we were to give you a new
one, we could give you but such an one.
Lda Rttitell. I had no paper from, th^ true
officer.
L. C. J. Noj but from your servajat.
Ait. Gen. My lord, yoii will bave cause to
complain, if they are not the same men we now
sftaflcall.
L. C. J. My lord,, tkatpaper will guide your
lordsihip in your cUalleuges.
' Ld. Ruuell. My lord, I did not mind it :, I
put it away. My lord, with your favour, 1 mnfiH
needs insfdt upon having a panel, and Uiat you
"will put it otf till the afWiiioon ; , I nave a wit-
ness that is not in town. My counsel told me
it was never done, or very seldom, arraigning
and trying at the same time, except in case of
common malefacton. ^^
'L.C.J. Mr. Attorney, why may not this trial
be respited till this afWmoon f .
Att. Gen* Pray call the jury.
t,. C. J. Mv lord, the lung's counsel .think
it not reasonable to pui off the trial longer, and
we cannot put it on without their consent in
thisca^.
Ld. Rustell. My lord, it is hard : I thought
the law had allowed a pret^ deal of favour to a
man when he came upon his life. How can I
know to except against men that I never lieaid
or saw one of them ?
CL qfCr, You the prisoner at the bar, those
good men that have been now called, and here
appear, are to pass between you and our sove*
reign lord the Icing, upon your life or death ;
if you challenge any of them, you mu^ speak
as tliey come to the book to be sworn, before
they are sworn.
lA. Rustell. My lord, may I not have the
use of pen, ink and paper P
Court. Yes, kny Icuu.
Ld. Russeil. My lord, may I not make iiaeof
any papers | have ?
X. C. /. Yes, by all means.
Ld. Russell. Alay I have somebody write to
help my memory?
Alt. Gen. Yes, a servant*
L.C.J. Any of your servants phall amiet yen
in writing any thing you please for you.
L^i. Rustill. My wife js here, my lofd, la
do it.t
— - ' —
* " In order," DaUymple informs us, " to
prevent him from getdkig tbe aid of counsel."
t <' I ask none'^[nohaBd] '* bttttfaat of Ihe
lady who sits by me," Balrynple. •
' tVboeverwillreadsir J. Dairy mple*s account
of this Case of lord Russell, and oompaie it widi
the original authorities, will be satisfied thai
very little rdiance can, in any case, be safely
placed on the representations of that writer. U
unist, however, be adqditted that he iftnn^Jia
queotly to distort and pervert iiis mateijiik ii^
9
«B$] €TATB TSlALSf 35 Cqaribs II. ifiSS^ffr l^kTrmvt'
i;4«6
^
, X«>€* J. If my My pleaM to give liamrif
tiietrouiile. i
Att» Gen* My lordl, yoa^infty hwre two per-
sons to wtite) for you, if you please.
: Ld. Bmsell. JUly lord, her« hstU been a name
md> tliat I nearer saw in the list iof the jury I
bad : I heard sir, Andrew Foster oalUd.
• j^ C. J. He is not called to be of the jury.
^ CL of Cr,. ,CaU Jtobib Martin, [lie ap-
yews.]
- U. Ruuell. Are you a, freeholder of 40<. a
ear f 1 hope none are allowed in the paoeli
ut those that haFo fteehoUki^
X. C J. There 19 no panel made in London
by lireebolders ; we have v^ few freeholders ca«
p«ble of beioffimpaunelled, because the estates
of the city bdong much tp ^e nobility and gei^-'
tfeoaen. that lire abroad and to corporations :
thereibre m ;the city of London* the challenge
of Ireehobkrs is eicepted.
, Lid. JUttudl. My Imrd, I thought it had.been
always so, and the law had been clear in that
case, throughout England^ that no man ought
to be tried for bis life, but by those that have
freeholds. My lord, I remember I read a sta-
tute of 2 H. 5, where it is positive, that no per-
sons sUali be judged in cas^ cl* life and death,
but by those that have 40i. a year.
X. C. /. My lord, that statute extends not to
this case. ReaiJ the statute.
" CL (fCr, " Whereas perjury is much used
in the city of London, upon persons, &c.f '*
X. C./. . Is.this the statute your lordship has
read?
Ld. . Riutdl, ' This is not in the case of life aod
death.
X. C. J. It is not, my lord.
U.RitaelL That that I read is positive.
And if your lordship will not allow of it, I desire
my counsel may come and argue it ; for it is a
matter of law, and. I cannot argue it, Whether
the jury are not to be freeboltlers ?
fiterj. J^erics. .There is nothing mentioned
in thai statute with relation to the oity of Lon-
d<»i indeed ; but the necessity of the thing re-
quires it.
Ait. Gen. It will not be material ; it is a
collateral point;* for mos^ of the jury havefiree-
liolds.
X> C J. Po you allow the exception ?
Att. Gen. m, my lord.
X. C X Therefore we must, if my lord
DO more mischievous purpose "than that of
ddng out wretched rhapsodies, which his vi-i
tious taste ' aiyi confused imagination pro-!
baUy contemplated as sublime and impress! vel
historical d^eatioos. ,But see ihe case git
Jlnmbold, a. d. td^d, in this Collection. |
^ ««3ut the Resolution pf the court ext^nd^
to aU trials, eren in a (^unty at large, ai^d waflj
so cited andfjpdlow^ in colonel Sidney '^ Case.."]
.Note in former Edition.
t Respecting the Oomplaints antieytjy m%de
against. the partiality ^ LondoUyJurors, 49eei
some partiq[dan» in^ Bamngton'a Observation ou
.5tft.ll. H.,7.c. «i. •'.
s^aad iipoo H> bear.hia^ eop^sel. My ^ovd^we
^ill hear your ^oounsel : :what, ^unael do yiHi
desire, my V>rd ? ^
Ld.,Rt!«e/. ThoA^oui^^ that w^re aljfit^
me. ' • ,
X. C. X No, 3iou must have cowye) aaimns-
ed by us* ^ The voimsel that wa^M^igPedeb^-
wK^i-e sig^iiiies nothing.
. Ld. jRi4«fl//. Mr, ppUf itftn, ,Wr. Hpk, »^d
Mr, Ward.
_ f ,
The said persons were cafled, and came into
coui'i. ' •
♦ X. / C. X, (To*.^be counsel.) . Ge^tleroeD, iqj
Iprdhere desires counsel ; vpu are here as-
signed as ppunspl for my b>r4 Russell, that is at
the bar,, it is copcprninga thing wherein bo
doubts tb^lfiw ; . |ie,v^c^uld ^xc^pt to 1;ho,jwy
upon ^^ jipcpuot, to the pqll (lecau^ tbc\y bave
notfjceeuold with)n ^be d^ of Lpndqn ; and^
desires vqif m^y be a^igpei|,bis counsel to floiakp
it out, tpat this is a papse of qbaUenge.
AtLGen,^lt is a case of'treaspp, ;Mr* •j^pl-
lexfen.— ^Mr. Ward. We t^e. it so.
Mr. PoKexfen. 'SHy loi'd,^ perhaps ^f \ire b%d
more consideration pf it, we shoulo^peak ipoj;^;
but if your |ordsh^p pleases to hear ud what yfje
can say : first, we take it, Yfit)\ submis8iou*.ft
common laW) a freehold.wasneces^y to lAijl^
a man a jury- man. But tl)at i^hic)i falls ou^
in this case, is the stalM^te of ^ H.,5, c. ^,
which < statute, I suppose, is .here in court.
That statute says this, (if you. please, I will
quote the sujbstance ofit) That jaone shall t^
adniitt^d to pass upo^ any inquest upon tLys
trial of the .death of, a man, except he bv(fi
lands and tenements pf tte ^,qai:fy valup of
4P<. Now, we ate here,,!. tjbj^nk, within. t)^
words of the stable, audi tal^e it.to bej^>
question at all, were we not in a qty aij^
county. . 1 think ^is would be no qi^est^op
upon any trial in any county at large. iTl^e
statute does npt.i^^ak.e any exceptipuor distin-
fiuisliment between cities ai^l counties at large.;
but the words. are general, lis I .^^v.e op^i^jq^
theai. . Mv lord, the statute does also prpvidje
in cases .^' .freebpld or forty marks. No^^*,
my lord, to proy^. this .^Ml^ .^^s^^ds to Lq;^-
don, though, a city and county, there aire o^ljQr
statutes that have been u^ade subsequent, make
it plain Aiat it does so ex|end. But before J.
speak to thepi,, there is ^i In§t. fo. 157,\tl\i(t
takes nptice pf this statute', and speaks ii ge«-
nerally, tliat the ifreehold opgl^t to be in t)\e
same county, nor do .1 remeinber.tohave se^
any bopk that distinguishes ^b^tween couqtj,£^
^t large, and cities aivd counties, ^ut statutjgs
that f ave been made coticernuig cities a|yi
counties are a plain dpclaradpn,. that. this. b
raeapt of^ juries ppth in cities and pounti^. Ji
'will mention, the statute.? H. 7, c. 5. ' T^
substance p^ the statute is this : ^ takes nptj^,
.that t^ere were cball^ge8,\in,Londpti,^fpr.tfaat
they, had npt 4k05. per ann. ai)^ ih^t^this .ph^-
[ ienge was io^ be mad^'^ f^he wai^, )Yui^ ji^
the samewi^bhu^dr^s/in ^^e ]co,unties ; §o
ffeisjt^ute> made to:t4e ^tgpy ft^e iphi)l^V«
|ft|«s awmjT the cKaMfifl^' tft I^mikm^ tbr not
iMk?iiig 40t4 18^ with suMnisaoBf a «l;roiig e?i*
4mw ia4 «uAMMnty Uiilll was befoK tlMt
tiine a good okaUentfe i ibr otherwine 4o whnt
mmI moM «Hey nMM>^ a statnte to take awmy
tW ^jImUaqko,* untoBS it were bdbre a good
«aiiBe oficlMJlenge ? In the next ptaoe» 4 H. 6,
«. S, th»SeilMKlalD^«t?il cadles in London, and
«av8| that the London jurors shall (hat provides
jQfiy Bit JU^on in cWli ca);»e$) h» ^dmitt^d in
wu causes, that Kave igipods to die value oft*
IQO marks. Mf lord, if that first stotote, or
Hm common law, had MC Extended \o require
fteehold^ in London> then there would tiave
^eanifeoneedofil]^ etatutethat was made to
«nabie men to he jurors that had ifoods to the
mueaf fOd marks. So that M^ lake a lo he
madatothmi^, that hy ibef commoft law free-
Mdwas «e<piired ifr aU eivil caoMS. Then
tlieiaiaanoll««lh'iAatal» «S H. 8, ^ JS, and
that will ha-ittong- etidenee lo ahew >frhat
the»lawiB:'iM^the ctatoM eays, in cities and.
horoughs, ittlMfcef nrarder and fi^ony, if a
>lteahMtn of the dbr of Londett is to hettied,
' the Iveemen ahall be upon the jury, though
thtey have net frediold ; and then there is a
^reViao, that IGmt knights and esqoireefhat are
<a«t of the Borough, though th^ are arvaigBed
Itt' the horoQgh, that e;i;tend# not to them,
Ihodgkia caiwd of murd^ and Mony. As
^ this- statute, ^»e take this sense of it, first,
4hat it dees not extend to treasons ; fi>r w&en it
•nly natnes murders and fi^lonies, that makffi
«iO aHecatifMi as to treaste, tkerelhre that stands
as before : hfttif thei^he any aHeiation, that
«Elends onhf to freemen and Irargeises that are
%o he tried, but not to knights aiMesmikes; so
that if we were in a case of fi^lony and murder^
1 thuik we are not eonoem^d in this statute ;
4hr wa:bre no fle^mah nor hurgeat, hut we are
an^esquire; aMi there^re bught to be tried hy
iireeholders : so that fiir the kw we rely upon
•these statutes, that we have looked upon as
«tMBg eVIdatiee, that there ought to he tn die
4ria)oftheUfii Ufa man, esfMaOyfiMr tree-
M, frveholden. Fir^t, if it were in civil
causes, if this qualifleaties be not in juiymen,
Ihea an atraint^woald lie. The penalty in an
cHahit is, %hat their houses should be pulled
^down, See. This js provided by the law', to the
•iMenttfae Jdry may be carelul to go according
'to their evidence. It is true, no attaint does
lie in Criminal cada^; hut if so be k eltfl
'canses theie be required freehoMen, and an
attaint lies, if diere be not, it is not reasonable
es think hut there cAiooM be as great regard to
the fif^ of a UmA aa to his eslUe. Next, my
loid, I do not'kttow ant fatw that sets any kmd
*of ^uaMdlltotl hut tlus df fineehold ; so tht^
he the* parsons oTiithat ^boadkiiii or natu^
■aati^, (s^p^otinr iiiey be not ouHawed) yet
•these penMUet, if AkTlaw be not hi eflect, may
then sa^ciad bd-piit upon the fife of a omuu
Th«seafbthe•fdaA9lfc^lay tord, Ibr which wq
appwhert th^oi^tto befifechoidets.
' Mr. 2Mr.. H^ %nly | wmdd doire o«4
iradvf the Banie;ttde; .we ins|A tt
upon these two things^ first^ weconwiaabyT
the oommon tait, erery juryi^inan odight -to
have a fiWhoid ; we haivo gcrad authority ib(»
it, CohoNi Firrt Imtituteoi but If thdl #dbs
not so» 1^ think the statute Mr. FoUexftfr hfth*
first meotionedv S H. 3;'ic 3, to be ex()re!«tn<
this point. My lord, the statoie- in the pipe-
aiphle d^ recita all the- ihisobiefr ; it saya^
great mischiefii ensued by juries that wcrer
made up of persona that had not estates suifi-
dant. In what.^ As well in the case of th«
death of a man, as in the cara of fireehold
betvreen par^^ and party : the statute reciting
this miscbier does in express words provide
taro remedies Ibr the same in these cases :
first on the Jile and death of a man^ the jury
or inquest to be taken, ahall haveiOe. per ann^
andso between aai^ and party 40 maihs ; so
that this being the trial of the dealh of a man^
it is interpreted by IBtamford, tea a. thatis,iit
all cases where a man is arraiffned ibe his ttbh
that is within the ei9i«ssw«nb<of the statute.'
Besidesthis expoailion that hath been put upon
the statute, my lord, it does sleem, that thtf
jtM^pnent of aeveral parliaments hath besa
acoordini^y in several times and agea. Mjf
lord, to instance in one statute that hath aot
bben saentSoned, and that is theSS of H. 8»
c tSy that doesgive the king power to awarfi
commissions of Oyer and Terminer, for trials
in any county of Jhngland : and that (saya th*
statute) 'in such easea no challenge to the
diire or hundred shall be allowed ^ that is, yott
ahall not challenge the jurv in 'aueh a cascp
becpiuse they have not freenold, are not of the
county where the treasoar was commhted; but
that, upon the tf isl, <diallenge, Ibr lack of
flreebdd of 40«. a year, shall be allowed, thou A
it ahei^ the manner of trying treason by the
oommon law: so that, my lord, here ii the cpi^
nion of every parliament, that Uiough it took
away the uaual method of trials; yet it saves
the pdnoaer's chaQenge Ibr want of fireehoUL
Now, indeed, thM statute is Mfealed ; but I
mention it as to the Proviso, that it shewu
the judgment of that piriiament at diat time.
My kifd, thoea other statutes that faaaa bee^
made to regulate cities and towns corporatd^
why wefetlMy made r 3SH. 8. That no free-
hold should be allowod, that«hewsthat 51 H. 5»
did eatcnitodiese cases. Bdl, my loiil, these
statutes that Shew the Judgment cjrtfae parlif-
■ttnnt suflMentlbr ^»ur penrpese, do not eiteni
to this case; thestalnte good bnly to mm^cM
andMeoies, hut not to treasons: ted weaih
in the case of a penal statute, and coocorniny
the life and death of a man, wbkdi ought to be
taken sCHctly,' it Mnts'the prwmer of « M^
n^; andby parity Of reason, if treanen he not
m^afioned, yobt Ibrdship canuet byeqtity erf-
tend H to 'it. When It' only miintidM infi&ridr
ofiences, and takes away the benefit in lower
cases : I9te tbh- case of the bishop of V^in-
'Chester, ^mre the Matite set down deanhdfi
•4diaptew, and- aihtlr -eeelesiastical perOMm, It *
shall not extend to bishops, becaoie it Ug^
««
of tfift dettti «f a iQHx) QidMB ho hoe InM^ir
tOMmMiia tif the yeurij Talueof iOt, Bi^^
will take it; m these gwitlttiioii dn «l this tiiii^ <
it not being' pi at conunott tow; Mr ia odMr
crimiiad coses, Imtwliat are provWM l^hy «
tliestatuie: As to otber matters. i^^^Mooy and
murdsr, no dontt there tiiaaa ^rilehgea ar^ i^ ^
be laken upon the statute, but Ml lor imieii; >
beoause the statute of^uiwM Mary dole ^«x«
ptessly repeal that atotete; and! na Matme
since takes away the ioroe of that of %xi9et^ >
Mary4 that aU trialafor tfOMORB hall .he a«ai tho^-
torainon law ; and accordhiff to this thei'emf^
ttant practbo, in all cities (net v$Ay Lou^lon^
where persons hate been indioted fbaliigh trea*'
son, hath been. Them was never any stidi''
thing pretended: UMist of theare ffeatlemea:
have mehd<b, but we ynkM not nave Hda
point lost to the city ofliondon^; so that- llh«
statute they speak ot, and the inlerpretstioiia of
the severafother statutes toe, are to ae purttosei
for we say by eommon law, aU oausea Bslghthe
tried by any persons, affainstwhoni the#eie-
net sunicie&t causa of cbulekige} andtheeom-
ino& law is by that stalote Tcstered ill thb '
pointv ' . f
Solicitor Oettcre/. (Mr. Fiboh.) My -lol^, I
have iittlo to say $ Mr. Attcmey Bath [^ven 4 '
true answer te it| the ibenostieo does ihit
Ihem. It was not netessafy at coihmoa hw '
fbv a jury-man tehave Aeehekti But thili
tbev must shew yeu, mylord,>it is altera atidi
made necessary, 'fhe statute of H. 5, d<»ea •
not seem to extend to tiyMspnr ; but if vt did,- ^ita •
now out of doors, by that of ^een Mary,
whereby all trials of treasons 'are redact to
the common law. Thieis that we answeis they^ '
ftul in their foundation, thojr do not make it
out, that it was neoe§^? wc a jury-man at
common law to have iVeenold.
8erj. Jkjftrkis My kvrd,^ I ednfbes they here'
oitsd several acts of parliament, and upon them
lay Aeir fhuadation, and draw inferences from
tjbem t- But they will And, that in several eete
of pariiament, which they heve quoted, there
is a particular regard had fhr the presevfation
of the constent usage and eusteens for trids
within the city o^* I/mdon. That notwith-
staBoinff seveNd acts of nar)iament have in
other places ssoertained the vlilun of jurorf ; -
yet they had still an eye, that the city of Lon-
don should oOntinue in its usages. I thifilc it-
will be necessary te put you In mind of the
case of the city 'of nekuMer. It w<mld be
very, hard, ria^ they, because an attaint does
net lie in Grhuinal matters; if you hitend by .
that to have people of ahiKty, *t& well known,
thatthe ablest people hi tbe ^y of L6ndon have
soereo any fipeehold in it } for that most of the
inheritances of the dty of* London remain in
tb^ nobiUty and in corporations. Now^ in the
case ei my lord Russell, ho hath a peremptory
chaHenge to 8(^ $ and I thkih I may adventure
to say, there eau soaroe be 9$ more ftat caa '
' call themidtvei frofhokhars In London : "con- '
side'r the* consequence then ; treason VhoiUd he-
cmnmittid k Ihe elty of Ii8iMloii,^dHiM
v4lb p0nene^ ai» iAriof uetUM: jh»
shall murder and firiony extpodto treason* Boi
further, ibestatete only eonoems freemen;
•for there ia an repress proviso in the case: for
incftw any kyig)^ or esquire conM to be tried
in the place, he^as his henefit aa before..' My
lofd, we arc iiv tliia cfoe, as in thi& ease not
mentioQed in the statute, we are not afiEeemaa ,
of Lowkin. My lord, there, is another thuw>
1 H. 7, c. 5, Avby theve was not en|g^ reoM-
sife at. the common law^ that the jucore h^d
sufficient freebokl, hut it was required it
sUouU be in thehundred ;- and freehold in the
wards in the city is the same with freehold in
the hundreds in the country : so that the want .
of fcedlkdd in th^hundred was a good cause of
d^illeuge. So that 1 think it w»U hardly he
denied, but that a jury that passes upon the
lilb of a matieught. by the law, by the sta-
tute, and by the jiMffmeut of the parliamettt,
to- have freehold* Where is there then 'any
statute whalseever thet mekjes a difference in
tiiia oase, betweei^ London and other counties ?
\V)e ave io the, case of treason, we have tsken
' our ewcietitions, and en. behalf of the prisoner
at the faav we pi*y the ehallouge may be
allowed.
Mr. Ward, Mytord, I shall he short, because
Mir. PsUaxte haa observed these things so
particuUrly slready. I observe the itatate of
0. 6, iaa genirat statute, and ttctenda through-
out the (wpa: noir when the thing. is thus
ffeneal, thsire is no nMro to exc^ particulars.
And ia this case it is within the Very words of
the Hw ; if the words be se generally penned
in>4lie;Qi;gili«ie» then We. conceive there is no
GdHStrudion tio-b^ made.i^^ tiiem, unless
soiuaaubaaquefeil par&ament alter it. Coke*s
Inatitwtei^ t-t&T, ^hsre it is said in treason as
welias any thinnr else, upon H. 6, there shall
be freehobs;. n they have provided in civil
.and other criminal causes, it wisre strsiige Uiat
thiiebonRbe.caciii ommu-; but. there is no
. ooost^otion a^nst a negativa law : for the
psfftiameni tidimg^ osiJle df the ei^ of London,
(as the subsequent stafeutce say) that he that
hsih a hundred asarks shall pass in civil eauses,
and tbanit savs in mufdessand fehKues, and
that only cenuned to. the fireemen of tibe plftOe,
does-sumciently explain the law, where it is
not altered by any subsequent act ; therefore I
desire the challenge may be edmitted.
AHftrmey GetieraL Hy lord^ These gentle*
menfai iMmdation is not good ; fhr they profe
Jt not by any hooks, that at*common tew it was
1 1. yiisHa tie a jury-manto haee freehokli Mv
loid^ I >de^rmir f^umdatioii } there ia no sucn^
law^isasd at this day, i» idloriminal oases,
whew' AiwtsMe does not (direct it, as fbr Hots
und edier itt&rmatMna fbv misdemeanour, tber#
is aoiaw^rasMae thena, «nd they mey be tried
hji«ai^ .«&tti they baip i|o eieepllou agoinst
Ijien g H. 6, sayif'None shall be admRMto
fMt4ip«Mhe:deail» of a imu^ (i ^b^ it to
eslaMHUs.'ail.eapiUI mattoiu, th^hgh'it is
fnttyHoMy iiMiiigiisd i > fb» when tamtm itf eo-
«wi if dW' atausMD^ highmoMOii^ «tU
/
LcrHXhssiiL
vrwAA tuft iie eno^mttie city of Lonilon to try
it? In the casfe of th« <^uo Warranto brougiit
n^atust Ihe city 'of Worcester, to know by
wbat warrant several took npoai them the odi-
ceo of alflermen, the gentlemen at the bar
olsgecft^d, that it was reasonable, thatoo free-
hold 'Should be determined bat by freeholders.
But the jadM of the Kii^s-beoch (the court
beuig fuU) rortbe necessity of the thing*, lest
there mignt not l>e sufficient freeholders in that
city, having sent one of the judges of that
^ 4:aurt to> your lordshipa of tlie conunon pleas,
for that reason did agree the challenge was ngt
good. . I know these gentlemen wiJI please to
remember the case; so that I say,, as in onii
case' we ought to be tender of the life of tlie
prisoner, so we\>ught surely to be tender of the
* lite of the king; c^ennise it may so happen,
tliat tho king^s life may Iw ciicompouised, and
troasoii committed in the city, and tnere would
be no way in the world to try it : Therefore we
pn^y forihe king f;be challenge inay be over-
ruled^
Mm* North,' My lord, It is (the practice to
make the -f^emre fiuiasf without mentioning
freehold ; for it does not command, that tliey
rotutu «o- maiiy>men that have freehold, but
' probsfretl^gales boninesdcTioeneto;' tliet«-
fore> at the euoimon law, those were good ia-
qufists to 4ry any man, that were not ex-com-
mnnicateds nor under any out-tlaw. 'Tis true,
there -are statutes that say, all jmymen stiall
haTC' freehold ; but we say, these statutes do
not extend to the city of Liondon, but that it is
gorerned by its ewn customs ; and we say it is
\ the custom , that citizens of ability have beoi re-
turned that have no freehold. But granting what
' we do not, by way of suppgsal, my lord, it does
not extend- to tbiscasc, because tiials^are to be
according to the use at common law, by the
statute «f queen Mary, wbioh does set them at
lasge.agaia; and that is tho reason the priso-
nevf.in this oase, hutli his chalienge for S^t^and
is in oUi«r cases (restrained to 30 ; so that we
say, these men. of ability are good, and there is
no statute afiects them.
L. C. X Mn Pollexfen, J^o you iiod«ny
judgny^n^ that in cases of ;t reason, by common
law, they might except for want of freehoM ?
HavQ^you any. resolution in theoase?
Mr. Polle^'en, I think there ai,t5 books that
say, at commcia4aw rthere must be fccehold.
L. C. J. What^ in toeasoa ?
Jlir. Fofkrfer^. No, mylorda
X. C.J. Unless you spank of ircason^ you
do )»ot speak (id idem: For I do take itj that in
caso^fOftrea^oD^or in cases of felony<« at the
coiimiqii4i^w, they had no liberty to cxoapt lo
j urorsy tl\at they bad not any freehold ; but -that
at 4hQ oommwi law ^any •gixiKl and lawful mOn
mig)it paqifc Then take as intfoductise of a
> new^law-the ^statute of H. :5> lam of the mind^
Hu^ thisi.f|taMit^iof H. 5, peradveutoce, .nwiy
ex|Hi^4a t4Pea9PQ««aad fiilonies ; .but when the
tta^iite rof queen ,Mafy ciomes and jays^ a)l
triiybi t^Ml Jhe Py syoli .9vid«iiQet.«i)d .in such.
>um#r« i.¥ by r^fNBVIOQ J*w ..|he|r l^^igfbt to
%ave been, I do not see bow it is postflble 1o
nmke an objection afterwards of this nsCori^.
For, admiiting this act of parliament of H. 5.
had altered tfa^ common law, and given a chal-
lenge, why then when tlie statute of queea
Alary comes and sets all trials at large in the
case of treasons, then certainly the chattengo in
gone aj^n"; and I doufjt you will not tind dne
exception in this case, e^er since that statute
conc^rtung the jury's freehold in cases of trea-
son, but it hath generally passed oAerwise, and
there hath not been any ever excepted. I doubt
it will be a very hard thing to mainta'n such a
challenge now. Here my lords and brothers
will be pleased to deliver tlKiir opinions. It is
a business of great consequence, not only for
this noble parson at the bar, but fbr all other
j[)ersons.
Lord Chief Baron, (Mr. William Montajgn.)
1 agree with your lordship perfectly ; but if the
oounseliiad laid a right tbundatibn, that it had
been so at common law, there had been nmcli
said ; but I take it at common law there was
no ehallengt^ for want of freehold, and I am
induced to think so ; for otherwise what needed
the statute of H. 5, been made t But whetiier
it extend to treason or no, t am not ^ cleai*.-
And if it did, k is wiped dff again by l^iat of
queen Mary, which redocHi a§l tb the common
lawtrial.
Mr. Just. Windham, I am of the same opi-
nion: I conceive at common law, lack of
freehold no good oause of challenge. ' It is
true, that chaUenge is given in some cases by
act of parliainenf , yet I doubt whietlier it extend
to a thing of so high a nature as treason ; tor
other statutes hare not mentioned any thing of
treason. • But suppose 2 11. 5, did extend to it,
yet it is very plain, the statute of 1 and 2 qoeen
Maiy hath set all at large again; tliey are to be
good and la^vfnl men ; and 1 do not find that
any thing of the hiwfulness must he the free-
hold. .£id therefbre I conoeive this is no just
exeeptioB in this case.
Mr. Just. Janet. My lord, I am of the same
opinion. I am of opinion^ that the oomnxm
law did not 'require freehold to be a good causa
of ohaUengv in Jthe case of treason, and the
rather, because at theooDEmnm law, a man that
was indicted of high tDeason had liberty to chal-
lenge> |ieremptartTy, to the number of St per^
sons. 5ly lord«if tncconuaonlaw'be aheredhy
the statnte of H. <S, yet I take it, that the ata-
tute of 1 and 2-1%. and' M. does restore die
common kw in 4his particular point. For
whereas tliere Was- a statole H. 8, to rtstrahi
^e prisoner to the number of 20 ibr his chal- -
knge, jiow4he statute rcsUtting it to cOmmoii
kw, the pcifloner hath * his challenge-to 35, «ft
he had beibrt thaiatatote of H. & Ho Itikeft*
the king shall havet his pvif ilege-abo to ti^ «.
prisoner lor treason, by perionsihat haveuot
freehold.
: Mr* Jiist Charlimi. / 1 am of the name'n^'^
iion 2 And* truly ibe mtber, because ne pnaee^
dent lutth^ been offered '.of any «nch dmHeage
Matter 4ttd4naiiy»«w>bwe ■— Ifrred, iBd«ili«»
^ #
'I
.4 V
J93] StATE TRIALS, SS'Cbaklbs II. lff8d.--/or J9^ Treutm.
if itoooU bsre beoi) many would have made
weofit.
Mf. Jost Xevifii. I am of opiiiioii, it is not
to be allowed. I do not think mjraelf driren to
the necessity to determine now, whetlier tree-
hold was a g^ood chaDens;e at common law in
point of treason. I think the statute of fb^
and H. hath restored the trials to the common
law. What was the common law ? The com-
moB law is the custom of Engknd, which is
other in cities than in counties, and the custom
of London is part of that common law. So,
dioogh it be a cause of challenge in acounty at
large, jet it is not acause of ciuJlenge in cities,
jrhere IVeeholderB are not to be found. Now
that which satisfies me is. That this custom is
restored by the statute of Ph. and Bf ary ; be-
cause ne^er such a challenge hath been. And
it is known when* 20 were tried for treason to-
gether in this very place, and one of them a
notable cunning lawyer, and if such a chal-
lenge w%re to hare been allowed, no doubt he
would have made use of it ; but the challenge
was not taken, and if he had made such a chtd-
lenge, and it had been allowed, perhaps he
oomd not have been tried : That was Cook. I
iiaFe heard several persons tried for treason my-
self, and never heud it taken. Therefore I
am of opinion, that before any statute was
made in this case, it was the custom in London
to4ry without freeholds, and since by the sta-
tute of oueen Maiy it is restored.
Mr. Baron Street. I think there Vas no such
challenge at common law. The jury were
only to De * probos et l^ales homines,' and no
more, till the ^tute made it so ; but there is
a particular reservation to corporations. And
certainly, if this should be admitted to be a
good cmdlenge, though it were between party
and party, there would be in sbme corporations
a pcmct failure of justice. So that, without
doubt, at common law there was no such chal-
lenge. As for the statute of H. 5, it is ^ooe
by that of queen Mary. If this were admitted
within London, nothmg would be more mis-
chievous to this corporation. Methinks we
bave been very nice in this matter, when the
life of the king is at stake, and all the customs
and privileges of the d^ of London seem to be
JeveUed at m this point. I am of the opinion
with the rest of the judges, that this challenge
ouffht to be over-ruled.
?ost. Withins. I am of the same <^nion.
X. C. J. .My lord, the court is of opinion,
upon hearing your counsel, and the lEing's,
that it is no good challenge to a jury in a case
of treason, that he has not freehold within the
city:* But I must tdl your lordship withal,
* This Case as to this point is thus reported
S Show.^lOj ** The king against lord Russell.
The defendant was tri^ at the Old-Bailey
for hiffh-treason, and upon his trial he chal-
lenge a juror in Lonaon for not having a
freeliold, and resolved by Pemberton, chief
justice, and the other ten judges then present,
jtbat want of freehold is no challenge in treason,
VOL. IX.
im
that your kNrdship has nothing cf harddup in
this case ; for, notwithstanding that, I mpst
^1 y<ni, you will have as amd a jury, and
betler than yon should have nad in a county,
of 4t «r 40f . a year freeholders. The reason
of the law for freeholds is. That no slight
persons should be put upon a jury, ^rhere tlio
life of a man, or hu estate, comes in qoestiou ;
hut in the city, the persons that are impanelled
are men of quality and substance, men that
have a great deal to lose. And therefore yovur
lordship hath the same in substance, as if a
challenge was allowed of freehold. It will be
no land of prejudice to your lordship in this
case. Therefwe, if you pleas^ apply yourself
as the jury is called, and make your exceptions,
if you shall make any.
L, C. J. Mr. PoHexfen, you shall have
liberty to stay any whene here^ if ycu
please, '
Counsel, Here is sudi a great crowd, my lord,
we have no room.
Then the Juiymen were called, and after the
lord Russel had challenged one and thirty of
them, the Jury sworn were as follows: Mm
Martm, William Rouse, Jervas Seaton, William
Fashion, Thomas Short, George Torriano, Wil*
liam Butler, James Pickering, Thomas Jeve,
Hugh Noden, Robert Brough, Thomas Oneby .
Then was made Proclamation for Infbnna*
tion.
CL of Cr. William Russel, esq. hoU up
thy hand. (Which he did). You of the Jur^^
look upon the prisoner, and hearken to ius
cause : He stanus indicted by the name of
-i prout before in the Indictment.
Upon this Indictment he hath been arraigned,
and thereunto pleaded" not ^Ity, and for his
trial hath pot himself upon his country, which
country you are: Your chaiyne is to inquire
whether he be guilty of thm high treason
whereof he stands indicted, or not guilty : If
you* find him guilty, you shall inquire, &c.
Mr. North, May it please your lordship,
and you that are sworn, the prisoner at the bar
stands charged in this Indictment with no less
than the ^conspiring the death of the king's
majesty ; and that, in order to the same, he
did, with other traitors named in the Indict-
ment, And others not known, November 3, in
the 34th year of this king, in the parish of
Bassishaw, Within the city of Lcmdon, meet
and conspire together to bring our sovereigii
lord the king to death, to raise war and rebel -
tion ag^nst him, and to massacre his subjects :
And in order to com puss these wicked designs,
there being assembled, did conclude to seize
the king's guards, and his majesty's .person.
much less in a corporation." But now, see
Stat 'a IW. and M. st. 2, c. 2. 4 and .5 VV and M,
c. 24 : the provisions of which 1 have bet^n sur-
prised not to see noticed in Mr. East's Treatise
of the Pleas of the Crown. See, too, Town-
ly's Case, a. d. 1746, in this Collection, an4
Post. 7.
2Q
69i} STATE TRIAIA 35 Charles II. \6^5.^TrUlofWiaUmL9riRu99eU, [590
This is thef charge: The def^dant says he is
not guilty ; if we prove it upon him, it will be
your duty to find it.
Att. Gen. My lord, and yoa, gentlemen of
the Jury, most of our evidence against this ho-
nourable person at the bar is to this purpose:
This person, the duke of Monmouth, mv lord
Grey, sir Thomas Armstrong, and Mr. F'crgu-
9on, they were the council of state, as I may
call them, to give forth directions for the ge-
neral rising mat hath appeared was to have
been within this kingdom. The rising was of
great concern and expence, and must oe ma-
naged by persons ot interest, prudence, and
great secrecy. These gentlemen had frequent
meetings in*Ootober and November last, (for
then, you may refresh your memories again,
was the general rising to be) and there they
did consait how to manage the rising they con-
sulted how to seize the king's guards; and this
noble person being mixed with these others,
especially with Ferguson^ who with otliers of
an infenor rank was also engaged in a cabal
for managing worse things, (though this is bad
enoqgh) at several meetings they receive mes-
sa^ from my lord Shaftesbury touching the
rising ; they being looked upon as the persons
that'were to conclude and settle the time, and
ail circumstances about it.
We shall make it appear to you in the course
of our evidence, that those underlings (for this
was the great consult, and moved aU the other
wheels) who managed the assassination, did .
take notice, that these lords and gentlemen of
quality were to manage and clear the whole
business of the rising. It seems these gentle-
men could not give the earl of ShafiLesbury sa-
tisiaction to his mind; for he pressed them to
keep their day, which was the 17th of Novem-
ber last ; but the honourable person at the bar,
arid the rest, made him this answer, that Mr.
Trcnchard had tailed them ; for that he had
promised to have 1,000 foot,, and 2 or 300
horse, at four hours warning ; but now it was
come to pass, h^ could not perform it; that
some persons in the west would not join with
them, and therefore at this time they could not
proceed; and therefore they must defer the
day. And at a council, they sent mv'Jord
Shaftesbury word,, he must be contente<l, tfiey
had otherwise resolved, and thereupon jny lord
Shaftesbury went away, and Mr. Ferguson
with him.
To carry on this practice, they took others
into their council, sir Thomas Armstrong was
left out, and there falling that scandalous report
upon my lord Grey, he was to be left out, and
then there was to be a new council of six,
whereas the inferior council to manage the as-
sassination was seven. At this eoimcil there
was this honoui:able person at the bar, the duke
of Monmouth, my lord Howard, and another
honourable person, who I am sorry to name
upon this account, who hath, this morning,
Iirevented the hand of justice upon himself, my
ord of Essex, and col. Sidney, and Mr. Hamb- i
den : These six had their frequent consults at I
this honourable person's bouse ; lor tbey hai
excluded sir Thomas Armstrong, .and my lord
Grey ; for these gentlemen would have tbe
&ce of religion ; and my lord Grey was in
their esteem so soandalous, that they rtiougiit
that would not prevail with the people, if he
waa of the council. There they debated horn
they should make this rising; after several
consultations they came to this resolution :
Ttiat before they did fall upon this rising, tfaey
should have an exact account both of the time
and method of the Scotch rising, and there*
upon a messenger was sent on purpose by co-
lonel Sidney, viz. Aaron Smith, to invite Scotch
Commissioners to treat with these noble lords.
Pursuant to this, just before the mot brake out,
several from Scotland came to treat with them
how to manage the work ; 30,000/. was de-
manded by the Scots, in order that they shouki
be read V in Sootland ; then they fell to 10,000,
and at last« (for the Scots love money) they fell
to 5,000, which they would take and run all
hazards ; but they not coming to their terms,
that broke off that week the Plot was dis-
covered.
Gentlemen, if we prove all these instanoes,
besides, we shall call some t^ shew you, dial
all the inferior party still looked upon these to
be tbe heads ; and though they keptit secret,
God hath suffered it to come to light, with at
plain an evidence as ever was heara.
Serj. Jefferiet. 1 will not take up any of youi^
lordship's time ; we will call our witnesses to
prove the fact Mr. Attorney hath opened:
Swear coL Rumsey (which was done). Pray,
colonel Kumsey, will you give my lord and the
jury an account, from the beeinning to Ifae
end, of the several meetings that were, and
what were the debates of those meetings?
Col. Rumsey. My lord, I was at my kird
Shaftesbury*s lodging, where he lay, down by
Wapping, about the latter end of October, or
the beginning of November ; and he told me,
there was met at one Mr. Sheppard*s house*
the duke of Monmouth, my .lord RusaeH, my
lord Grey; sir Thomas Armstrong, and Mr.
Fei'guson ; and he desired me to speak to then,
to know what resolution they were come to
about the rising of Taunton : I did go there
accordingly, and call for Mr. Sheppard, and he
carried me up where they were, and the atyswer
that was there made me was, that Mr.Trench-
ard had failed them, and there would no more
be done in the matter at that time.
^/^ Gen. Tell the whole passage.
Rumsey, 1 did say my lord Shaftesbary had
sent me to know what resolution tbey had
taken about the rising of Taunton. Tbey mad^
me this answerj that Mr. Trenchard had fa^ed
them, that he had promised 1,000 foot and 300
horse ; but when tie came to perform it, b^
couhl not. He thon&^ht the people would not
meddle, unless they nad some time to make
provision for their families.
X. C J. Who had you this message from f
Rumsey, Mr. Ferguson did sp^ moci
of it.
$97} 4TATETIUALS, 35 Chakle& IL \€BS,^f&t High Tnmx.
im
X. ex Who sent ihm iiies(Mige bade P
Rumsey, M^ Fervudoo made the aaawer,
ray lard Rujuell aad the duke of Monmouth
were jNreseDt, and I think my lord Grvy^did
say somediing^to the same purpose.
AtL Gen. Fray, how often vrere you with
them at thai house P
Rumtey. I do not know : I wan there niore
than once, I was there either another time, or
else I heard Ntt, Ferguson make a report of
another meedn^ to my lord Shaflsbury;
Serj. Jeff. Was my lord Russell in the room
whc^n Uiis debate was ?
Rumt^. Yes, my lord.
Att. Gen. What did they say further P
Bumsw. That was all at that time, that I
mnemb^.
Att. Gen. Was there nothing of my lord
Shaftesbury to be contented P
Mumt^. Yes, that my lord Shaftesbury
most be contented ; and upon that he took his
resolution to be gone.
L. C. J. Did you hear any such resolution
from him?— iiiMu<^. Yes, my lord.
Att. Gen. Did yon know of their meeting
there, or wpa it by my lord Shaftesbury's di-
rection? ^
^ Jlttsury. No, but my lord told me, I should
find such persons, and accordingly I found
them : and this answer was given.
Att. Gen. What time did you stay P
Rumsey. I think I was not there above a
quarter of an hour.
Att. Gen. ^ Was there any discouTBe hap-
pened 'while you were there about a Decla-
ration P
Rumsey. I am not certain ^whether I did
hear something about a declaration there, or
tfiat Mr. Ferguson did report it to my lord
£ftiaftesbary, mat they bad delated it.
Seij. Jeff To what purpose was the decla-
ration?
L. C. J. We must do the prisoner that
right ; he says he cannot teU whether he had
it from him or Mr. Ferguson.
Att. Gen, Did you hear no discourse to
what it tended ?
Rusntey. My lord, there was some discourse
about seeing what posture the guards were in.
One of the Jury. By whom, Sir?
. Rnmuy.. By all the company that was
there.
L. C J. What was that discourse P
Rymtey. To see what posture they were in,
that they might know who to surprise them.
L. C. J. The Guards P
Runuey. Yes, ^that were at the Savby and
the Mews.
JL C.J. Whose were the words? Tdlthe
words as near as von can.
Runuey. My lord the discouise was, that
some should—
JL C. J. Who made that disorfurse P
Rumsey. My lord, I think sir Thomas Arm-
strong b^ian it, and Mr. Ferguson.
Att, uen. Was it disconned among all the
company?
Rumsty* All the company did debate itr
Afterwards they thou|[bt it necessary to see
with what care* and vigilance they did guard
themselves at the Savoy and Mews, whether
they might be surprised or not '
Att. Gen. Were there any undertook t^
go and see there P
. Rumsy. There were some persons.
Serj. Jeff. Name them.
Rumsey. I think the duke of Monmouth, my,
lord Grey, and sir Thomas Armstrong.
Serj. Jeff Was my lord Russell, the pri-
soner, there, when they undertook to take the
view P— l^umMv. Yes, Sit
Ait. Gen. Ilo what^ purpose was the view?
Rumsey. To surprise them, if the rising bad
gone on.
Serj. Jeff. Did you observe by the debates
that happened, that they did take notice there
was a rismg intended? — Rumsey. Yei.
S^. Jeff And that direction was given to
take a view of ihe guards, if the rising had
gone on? — Rumsey. Yes.
L. C. J. Pray, Sir, declare justly the dis-
coursie.
Uumsey. I went to them from my lord
Shaftesbury: and I did tell them, that my
lord did pray they would come to some reso-
lution ; and they told me, Mr. Trencherd they
depended upon for Taunton had failed them,
who when he came up to town first at the
term, had assured them, that in three or four
hours time he couM have 1,0Q0 foot, and 300
horse ; but now it came to be tried, he an-
swered,' it was not possible for him to under-
take it ; for people would not rush into it of a
sudden, but have some time to prepare for their
families.
Att. Gen. Was it pretended there should
be a rising at tliat time ?
Rumsey. Yes, the 19th of November was
appointedf for the rising.
L. C, J. Was it herore that time you went
to press them ftom my lord Shaftesbury ?
Rumsey. Yes, I think it was a matter of a
fortni^t before, or something more. « For I
think it was concluded Sunday fortnight after
my lord Grey met.
Att* Gen. But you say, besides what you '
hear^ there, you understood there was to be »
rising at that time : was you to be engaged in
this Y—'Rumsey. Yes, I' wss.
L. C. J. You must speak so, that what ynm
deliver may be sensible ;- for if you speak, I
apprehend so and so, that will be doubtful.
Rums(^. No, my lord, the riring vras d^
termined, and I was to have gone to Bristol.
Att. Gen. In what capacity, as colonel, or
captain ?
Rumsey. There waano determination of tha^
no quality.
JL. C. J. By whose appointment was that?-
UttSTsey. My lord Shafteslmry spake thai
to me.
Setj. Jeff. Jftut pray, col. Rumsey, this you
are very able to know, what the denates were,
and need not be. pumped with so many quea*
S9d] STATE TRIALS, iS Cbarlbs IL l6SS.—1iriat of miBgd LuriRMueU, [6o<»
tions: pffty, was there any debate wheo you
ijame with, the ihessase from my lord Shafts-
bury *B,waff there a debate aboilt the n^ang f
Kumtey. There was do debate of it, because
they made answer; Mr. Trenchard had failed
tliem.
Serj. Jeff. But did not they take notice of
the rising ? Gire an account oi it.
Itumsey. 1 have done it twice.
Jury. We desire to know the message from
the lord Shaf^bury.
L. C. J. , Direct yourself to the court : some
of the (B^entlemen have not heard it, they de-
8ir6 you would, with a little more loud voice,
repeat the message you were sent of from my
lord Shafiesbupy.
Rumsey, 1 was sent hf my lord, to know
the resoUition of the rising in Taunton : they
answered Mr .Trenchard, whom they depended
upon for the men, had failed them, and that it
must fall at that time, and my lord must be
contented.
Att. Gen. Was the prisoner at the bar pre-
sent at that debate P—JticifiMr^. Yes.
Seij. Jeff. Did you find him averse to it, or
-agreeing to it? — ttumsey, Ameinfftoit.
Baron Street What said lord SfaafteiAiury ?
Runuey, Upon my return he said, he vrould
tie gone, andacoocdmgly did go.
Setj.Jeffi If my lord Russell pleases to ask
him any i|ueslions, he may.
Ld. Rutteli. Most I ask him naif ?
L, C.J. Yesy my lord, propose your ques-
tions <to me.
lid. Ruitell. I have very few questions tir
ask him, for I know Utile of the matter ; for it
was Uie greatest accident in the world I was
there, aira when I saw that company was
Aere, I would have been gone affain. ' I came
there accidentally to speak with Mr. Sheppard ;
I wasjustoometO'tosni|butthere wasno dis-
course of surprising the guards, nor no under-
taking of ndsuigSBi army. .
^L. C. J. We will hear yon to any thinff by-
and-by, bat that whkh we now desive ofyour
lordship, is, as the witnesses come, to know if
you would have any particular qoestioos asked
ofthem.
Ld. Huttell. I desire to know, if % gave any
•nswerto any mesaage about the rising :J. was
up and down ; I do not know what they might
say when I was in the room ; I was tasting of
wme.
L. C. J. Did 3rou observe, that my lord
Russell said any tiing there and what ?
Rtuiuey. Yes, my lord Russdldid speak.
L.C. J. About what?
Rauntey. About the rising of Taunton.
, Ld. RuuelL It was sir Tho. Armstrong that
l^vetsed with Mr. Trenchard.
X. C. J. What did you observe my lord
Rosseltosayf
Bumiey. My kwd Rnasdl did discourse of
the riainff .
Ld. Rus9ell. How diookl I discoorse of the
risiBff at Tauntep, that knew not. the place,
Bor had koowledgeof Xnackard?
Att Gtn. Now, my lord, we wiH give yoa
an account, that my lord Rundl appointed Ais
phuse, and came in the dark without his oaach.
Ld.jRiate^. My lord, I think the witoe« was
asked, if I gave my consent.
L. C. J. What sa^ you, did my lord give
any consent to the rising' P
Rumsey. Yes, my loi^, he did.
Att. Uen, Pray, swear flr^ Sheppard.— «
(Which was done.) Pray, will you speak
aloud, and'give an account to my lord and the
jury, of the meetings at your house, and what
was done ?
Mr. Sheppard. In the month of October
last, as I remember, Mr. Ferguson came to mm
in the duke of Monmouth's name, and desised
the conveniency of my house, for him and
aome other {lersoDs of quality to meet there.
And as soon as I had granted it, in the eveninc
the duke of Monmopte, my lord Grey, my laid
Russell, sir TJiomas Annstrong, col. Riimsty;
aud Mr. Ferguson came. Sir T. Armstronip
desired Aie, that- none of my servants ntifffat
come up, t>ut they might be private ; ao wnai
they wanted I went down foi^ a bottle of win*
or so. The substance of their discourse was,
how to surprise the kind's g^uards : and in or-
der to that, the duke of Monmouth, my lord
Grey, and su- Thomse* Armstrong, as I re*
member, went one night to the Mews, or there*
' about, ta see the king's guards : and the nex|
time they came to my bouse, I heard sir T.
Armstrong say, The guards were very reoriae
in their puces; and not like soldiers, and' th«
thing was feasible, if they had strength to do it.
Att. Gen. How many meetings had yov
there?
Sheppard, I remember hut twice. Sir.
Att. Gen. Did they meet by chance, or had
you notice they would be there that night f
Sheppard. Y es, I did hear it before.
Sol. Gen. Who had you notice would be
there?
Sheppard. The duke of Monmouth, my laid'
Grey, my lord Russell, sir T. Armstrong, col.
Romsey, and Mr. Ferguson.
Att. Gen. Did they come with their ooadieSy
or a-ibot, in the night-time, and in the daik ?-
Sheppard. I cannot tell ; it was in the evsB'
ing, idid not let them in.
Att Gen. Were there any ooachea at the
door?
Sheppard. None that I heard, or saw, they
came not altogether, but immediately one after
another.
S&t^.Jeff. Had they any debate b^lbre they
went mto the room ?
Sheppard. No, they went readily into th^
robni.
SeiiJe^ Was my lord RuBseD both titts*
there?
Sheppard. Yes, Sir, as I remember.
Seg. Jejf. Had vou. any particular bosiBesv.
with my lord Russdl, or he with you ?
Sheppard. No, not at that tiii)e, but since i
have had|4dmit theadairs of my locd8baAe%
bury.
<01]
STATE TRIALS, 3^ Charles IT. l68d.--/ar High T)reasan.
[fio«
• 8eri* ^' Do yoa raDfiember col. Roaisey,
al the first time^ bad anydiseonne aboutaoy
friTtte bosiiMtt rekting to my lord Roisell ?
Sheppard, No, 1 do oot remember iu
An. Gen, Besides the seisbff of die guards,
did they discourie «lx>at rbbg If
Skeppiurd, I %> not remember any farther
discoiiree, for I weat several times down to
fetch wine, and sugar, atui nutmegy and 1 do
not know what was said iu my absence.
Seij. Jeff. Do you remember any writings' or
papers read at that time ?
Skeppard. None that I saw.
Ser^rjeff. Or that you heard of ?
Skeppard. Yes, now I recollect myself, I
do r»nember one paper was read.
Serj. Jeff'. To what purpose was it ?
Sh^pard. It was somewhat in the nature of
adechratkiA; it was read bj Mr. Ferguson;
who was present at the readmg, t cannot say,
whether they were all present -or not. The
purport of it was setting forth the grievances
•f the nation, but trcQy what particuhirs I
can^ttell: It was a pretty larffe paper.
Att. Gen. But can you tell me effect of it,
when was thatto be set out ?
Sheppardn It was not discoursed, it was
•hewn only, 1 suppose for approbation.
AtU Gen, Who was it shewed to ?
SAeppard. Sir Thomas Armstrong.
Sery.Jc^ Who else?
Sbeppard. As I remember, the ^dvke was
present, and I think coL Rurosey.
Col. Uumscy, No, I was nob; it was done
before I'came.
8eij. Jeff". What was the design of that
paper ? Recollect yourself, what was the design?
Skeppard, The design of that paper was in
the nature of a Declaration, setting forth the
fievances of the nation, in order to a rising,
suppose by tiie purport of the paper ; but
cannot remember the particular words of it.
■ Foreman of the Jury. Can you say my lord
Russell was there, when that Declaration was
read, as you call it ?
Skeppard. I can't say that. *
Ait. Gen. But he was there, when he talked
of seiadng the guards ?
Skeppard. l^,mylord was there then.
Ld. jRusseli. Pray Mr. Sheppard, do you re-
nomber thetime when these meetbgs were ?
Skeppard, I can't be positive as to the time,
i remember it was at the time mv lord Shaf-
tasbury was absent from his own bouse, and he
ahrented himself from his own house about
Michaelmas-day, but I cannot be positive as to
thetime.
lid. Rauell. I jieTerwas but once styour
honse, 'and there was no such design as I
-^heard of. I desire that 3Ir. Sheppard may re-
A>llect himself.
Sheppard. Indeed, my lord, I can't be po-
sitive m' the times. My lord, I am sure, was at
one meeting.
L. C. J. ButAVas he at both ?
Sheppard. I think so ; but it was eight or
nine months ago, and I can't be positive.
Ui Rtutell. I can pro^e I was then in the
country. Col. Rnmsey said there was but one
meetn^.
Col. Rvnuey. I do not remember I was at
two ; if I was not, I heard Mr. Ferguson re-
late the debates of the other meeting to my loid
ShaAesbury.
Ld. BMtsel. Is it usual for the -witnesses to
hear one another ? ^
X. C. J. I think your lordship need not con- ^
cem yourself about that; fori see the wit-
nesses are brought in one after another.
Ld. Russell. There was no design.
Seij. Jeff". He hilth sworn it.
Att. €fen.* Swear my lord Howard. [Which
was done.] Pray, will your Idrdship give an
ajQ^unt to thecoort, what you know of a
rising designed before my lord Shaftesburt-
went away, and afterwards how it was conti-
nued on.
Lord Hoaar4* My lord, I appedr with some
confusibn. Let no man wonder, that it is ^
troublesome to me. My lord, as to the 'que^
tion Mr. Attorney puts to me, this is the ac-
count I hare togiTe : It is very well known to
every onej how great a ferment was made iu
the city, upon occasion of the long dispute
about the election of sherifi^ ; and this soon
produced a greater fteedom and liberty of
speech one with another, than perhaps had
been used formerly, though not without some
previous preparations and dispositions made to
the same thing. Upon this occasion, among
others, I was acquainted with captain Walcot*
a person that hadbeen some months in "Eng-
land, being retiuned out Of Ireland, find who
indeed I had not seen for eleven years before.
Bat he came to me as soon as he came out of
Ireland, and when these unhappy divisions
came, he made rery frequent applications to
me ; and though he was unknown himself, yet
being brought by me, he soon gained a confi-
dence with my lord Shaftesbury, and fix>m hSm
derired it to others. When this unhappy rent
and division of mind was, he having before
got himself acquainted with many persons of
the city, had entered into such oounseb with
them, as aftierwards had the effect, whicb in
the ensuing narrative I shall retste to your
lordship. He came to tne, and told me, that
they were now sensible all they had was going,
that this ftnxe put upon them—
L. C J. Pray my lord, raise your voioe».
else your evidence wdl pass for nothing.
One of the Jury. We cannot hear, my lord.
Lonl Howard. There b an unhappy acci-
dent happened that hath sunk my voice': I
was but just now acquainted ivith the fote of
my lordof Essex.* My lord, I say, he came to
* It appears that an impression of the nature
of what m the theatre is called * stsge effect,^
was produced by the communication during-
the course of lord Russell's trial, of the cata-
strophe which had just befallen tfie earl of
Essex, and there is some reasoh to believe that
the production of that impression wi
60$] STAT£ TRIALS, S5 CHAfiLEsIL l6SS.^TrialofWilHamLardRu8iea, [604
me^d difl acquaint me,tbat the people w«re now
80 sensible that all their hiterept was going, by
that violence offered to the city in their elections,
that they were resolved to ta&e some course to
put a stop to it, if tt were possible : He told me
thei^were several consults and meetings of
persons about it, and several persons had begun
to put themselves into a disposition' and pre-
paration to act ; that some had furnished them*
selves ^vith yery good horses, and kept them in
the most secret and blind stables they bould $
That diven bad intended it, and for his own
part he was resolved to imbark himself in it.
And having an estate in Ireland, he thought
to dispatch bis son thither (for he had a good
« real estate, and a great stock, how he disposed
of his real estate I know not) ; but he ordered
his sun to tnm his stock into money to furnish
him for the occasion : This I take to be about
August, his son was sent away. Soon after
this, the son not being yet returned, and I hav-
ing several accounts trom him, wherein I found
the fermentation g^rew higher and bieher, and
every d«y a nearer approami to action, I told him
I had a necessity to go into Essex to attend the
concerns of my own estate ; but told him, bow
he might by another naihe convey letters to
me, and gave him a little cant, by which he
might blind and disguise the matter he wrote
about, when I was in the country. I received
two or three letters from him, that gave me an
^ account in that disguised st^yle, but such as I
understood, that the negotiation which he had
with my correspondents was going pn, and in
good condition ; and it was earnestly desired I
would come to town ; this was the middle of Sep-
tember. I, notwithstanding, was willing to see
. the result of that great affair, upon which all
men's eyes were fixed, which was the determi-
nation of the sbrivalty about that time. So I or-
dered it to fall into town, and wont to my own
house on Saturday night, which was Michael-
mas-day.^ On Sunday he came to me, and dined
and- warmly desired by lord Russell's ene-
mies. See in this Collection the Case of Brad •
don and Speke, in the next Tear 1684.
- It is reported (see Echard and Kennet,) that
upon occasion of Essex's death king Char|eB
the Second said (in allusion to the fate of
Essex's father lord Capel. See his Case,
vol. 4, p. 1195, of this Collection.) «< My lord
of Essex needed not to have despaired of mercy,
for I owed bun a life.*' Of this declaration
that he would have pardoned Essex, Mr. Fox
observes, that '* being made when that noble-
man was dead, and not followed by any act
evinang its sincerity, it can surely obtain no
Ciedit Hom men of sense. If he had really
bad the intention he ought not to have made such
a declaration, unless he accompanied itvrith
«ome mark of kindness to the relations, or
with iome act of mercy to the friends of the
diseased." See too, in another Note to this
Case, Mr. Fox's observation on Charles the
Seooad't ^yeech, npon remittiiig part of the
judgmant upon lord HqsmU.
8
with me, and told me, (aftier a general aocoont
given roe of the affairs of the tim^) that my
lord Shafiesbary was secreted and withdrawn
from his own bouse in Aldersgate-street ; and
that though he had a family settle, and bad
absconded himself from them, and divers othetv
of his friends and confidents ; yet he did d^re
to speak with me, and for that purpose sent him
to shew me the way to his lodging: He
brought me to a house at the lower end of
Wood- street, one Watson's house, and there
my lord was alone. He told me he could not
but be sensible, how innocent soever he was,
both he and all honest men were unsafe, so
lontf as the administration of iustice ilras in
such hands as would acconunooate all things
to the humour of the court : That in the sense
of this he thought it but reasonable to provide
for bis own safety, by withdrawing himself
from his own house into that retirement : That
now he had ripened ai&irs to that head, and
had things in that preparation, that be did not
doubt but he shoidd be able,4>y those men that
would be in readiness in London^ to turn the
tide, and put a stop to the torrent that was
ready to overflow. But he did complain to me,
that his design, and the design of the public,
was very much obstructed by the unhand*
some deportment of the duke of Monmouth,
and my lord Russell, who had withdrawn
themselves not only fh>m his assistance, but
from their own engageoients andappointmento :
For when be had got such a formed force aa
he had in London, and expected to have it
answered by them in the country, they did
recede from it, and told him they were not in
a condition or preparation, in the country, to
be concurrent with him at that time. Tma he
looked upon but as an artificial excuse, and as
an instance of their intentions wholly to desert
him ; but notwithstanding there was such pre-
paration made in, Iiondon, that if they were
willing to lose the honour of being concurrent
with mm, he was able to do it himself, and did
intend speedily to put it into execotion. I
asked bim, what forces he had ? He said he
had enough. Says I, What are you aasured
off Says lie, There is above ten thousand brisk
boys are ready to follow me, whenever I hold
up mv finger. Says I, How have you me- _
thoded this, that they should not be eruafaed ? "
for there will be a great force to oppoae yoo.
Yes, be answered, but th^ would posseas
tberaselres of the gates ; and these ten thousmd
men, in 24 hours, would be multiplied into five
times the number, and be able to make a aiUy
out, and possess themselves of Whitehall, by
beating the Guards. I told him, this was a
fair story, and I bad reason to think, a mas of
his figure would not undertake a Ihinff that
might prove so fatal, unless it were laid on a
foundation that might give a prudent man
ground to hope it would be successful. He
said be was certain of it, but confessed it was
a peat disappointment that these lords had
fidled him. i told him, I was not provided
with an answer at that time; that he wdl
»5]
STATE TRIALS^ 35 Charles II. 1683.— >r High fyeu0ih
i$06
fainr me, and knew ibe general frame and
beot cf my spirit Bot I told fain, I looked
upon it as dangeroosy a^d ought to be laid
deep, and to te my well wei^faed and con-
sidered o£; and did not think it a thing fit to
be enteced upon, widioat the ooncuirence of
those lords: and. tberefbre desired, before I
disoorered my own inclination, to dtscomv^
with those lords. He did consent, with much
ado ; ' but, says he, yon wilt find they will
ware it, and give doubtful and deferring an-
swers, but you will find diis a truth. I went
to Moor-Pairk the jiext day, Where the duke
of Monmouth was, and told him the great
eomplwt my k>rd 8haftesbur^ had made, that
he felled him. 8ays he, I thmk he is mad : 1
was so fiur from givii^ htm any encoarage-
meot, that I did toll him from the beginning,
and so did my lord RuseeH, there was nothing
to be done by us in the country at that time.
I did not then own I bad seen 'my lord, but
spake as if this were brought me by a third
person, because he had not given me liber^
to tell them where his lodging was. Says 1,
my lord, 1 shall be able to g^ve a better account
of this in a day or two : Shall 1 convey it to
my lord, that you are willing \o give a meet-
ing? Yes, says he, with all my heart. This
was the Snd, 3rd, or 4th of October. I came
to town on Saturday, and was carried to him
on Monday ; and i suppose this was Tuesday
the 3nd ot October. On Wednesday, I think,
I went to him again, (but it is not rery ma-
terial) and told him 1 had been with the
duke of Monmouth, and given him a punc-
tual account of what I bad from him ; and
the duke did absolutely disown any such
thing ; and told me, he never did give him any
encouragement to -proceed that way, because
the couutries were not in a disposition fbr action,
nor could be put in readiness at that tune. Says
Boy lord Shaftesbury, It is false: they are
afraid to own it. And, says he, I have reason
to believe, there is some artificial bargain be-
tween his lather and him, to save one another :
fbr when I have brought him to action, I could
never get him to put on, and therefore 1 sus-
pect bim : and, says he, several honest men
in the city have puzzled me, in asking
how the diike of Monmouth lived : says be,
Theypozzfedme, and I could not answer the
question ; for I know he must have his living
from the king ; and, says he, we have differ-
ent prospects : we are ror a Commonwealth,
and ne hath no other desi^ but his own per-
•onal interest, and that will not go down with
mv people now, (so he called them) they are
aU for a commonwealth : and then, says he,
It is to no purpose for me to see him ; it will
but widen tiie breach, and I dare not trust him
to come hither. Says I, my lord, that's a
good one indeed ! Dare not you trust him, and
yet do you send me to him on this errand ?
Nay, says he, it is because we have had some
misundarstsndins' of late ; but I believe he is
true enougfh to me interest-. Says I, It is a
ipreat onhapj^esB to take this time to fail out,
and I think it is so great a deagn, that it
oug^t to be undertaken with dte g^realest
strength and coalition ia the kingdom. Says
he, my^ friends are now ffone so fiir, that th^
can't puH tlieir toot back again without going
further; -for, says he,, it hath been communi-
cated to so many, that is impossible to keep it
fimn taking air, and it must go on. Says he.
We are not so unprovided as you thinL fi»r ;
there are so many men, that you will find as
brisk men as any in England. Besid^ we
are to have 1,000 or 1,500 horse, that are to be
drawn by insensiUe parties into town, that when
the insurrection is, shall be able to scour the
streets and hinder them from forming theit
fi»roes against us. My Lord, aAer mat ia-
hn^ement upon this head, and heads of the
like nature, 1 told him I would not leave him
thus, and that nothing should satisfy me, but au
interview between him and the lords. No, 1
could not obtain it : but if J would go and tell
them what a forwardness he was in, and that,
ifthey would do themselves right, by putting
themselves upon correspondent action m their
respective places, and where their interest lay,
well ; otherwise he would go away without
them. So I went again to me duke of Mon-
mouth, I spake to him only (I pever spake to
my lond Russell then, only we were together,
but I had never come to any close conjuitction
of counsels in my life with him at that time^.
Says I, to the duke, *this man is mad, and his
madness will prove fiital to us all ; he hath
been in a iright by being in the Tower, and
carries those fears about him that cloud his
understanding ; 1 think his judgment hath de*
sorted him, when he goes about vrith those
strange sanguine hopes that I can't see what
should support him in the ground of them.
Therefore, says I, pray will you ^ve him' a
meeting. God-so, says the duke, vnth all my
heart, and I desire nothing more. Now I told
him, I had been wi:h ray lord Shallesbury,
with other inlargemeats that I need not trouble
your lordship with : well, says he. Pray ^ to
him, and try if it be possible to get a meeting :
so I went to him, and told him. Says I, this
is a great unhappiness, and it seems to be a
great absurdity, tnat you are so forward to' act
alone in such a thing as this. Pray, says I
without any more to do, since yOu have this
confidence to send for me, let me prevail with
you to meet {hem, and give, them an interview,
or else you and 1 must break. I will no longer
hold any correspondence, unless it be 'so. Says
he, I tell yon they will betray me. In short
he did with mucn importumty yield that he
wopid come out the next night in a disguise.
By this time it was Saturday, I take it to be
the sixth of October } an Almanack will settle
that : so the next night being Sunday, and the
shops shut, he would come out in a conceal-
ment, be carried in a coach, and brought td
his own house, which he thou^t then was
safest. I came and^avo the <mke of Mon-
mouth an account oHt ; the duke, I suppose,,
conveyed the same understanding to my \qt^
607j STATE TRIALS, 35 Chablbs U. l683.-^7Vui2 of WHiiamjMrd BumU, [6ot
Ruflsdl; and^ I fuppose, both would have'
been there aoeiwrdiiyly, to have given the meet-
ing ; bat next moniiDg I A>uod oolond Riimaey
hM left a note at mv house, jhat tbe meettng
could not be that (uy. Then I went %to the
duke of Monmouth, and he had had the Ac-
count before, that my lord Shaftesbury did ap-
prehend hinvself to tbe in some danser in tlut
nottse, and that the apprehension hai&ccasioned
him to remove ; but we should 1>e sure to hear
from him in two or three days. We took it as
a waiver, and thought he did from thenoe in-
tend to abscond himself Irom us, and it proved
so to me, for from that time I never saw him.
But captain -Walcot came to me, and told me,
that he was withdrawn, but it was for fear his
lodffing might be discovered, but be did not
doubt but in a week he would let me know where
his kMkriDg was : but told me within such a time,
which 1 think was eight or ten days, there wouU
be a rising ; and I told the duk^ of Monmouth,
and I believe he told my lord Russell ; and we
believed his frenzy was now grown to that
heiffht, that he would' rise iomiedtately, and
put nis deogn in execution ; scvwe endeavoured
to prevent it. Upon which my lord Russell (L
was told) and the duke of Monmouth, did force
their way to my lord Shaftesbury's, and did per-
suade him to put off the day of his rendezvous.
I had not this from my lord Russell, for I had
not spoke a word to him; but the duke told
me mv lord Russell had been vn^ him (I had
indeed an intimation, that he had been with him ;
but the duke told me, says he, I have not
been with him, but my lord Uussell was, having
been conveyed by colonel Rumsey. After
4his day w&s put off it seems it was put off
with this condition ftiat those lords, and
divers others, should be in a i*eadiness to
raise the country about that day fortnight,
or thereabouts ; for there was not am)ve
a ibrtniffht's time given: and, says the
duke of Monmouth, we have put i* off, but now
we must be in action, for there is no holding it
off an3[ longer. And says he, I have been at
Wapping all night, ahd I never saw a company
of bolder 4nd brisker fellows in my life ; and
says he, I hive been round the Tower, and
seen the avenues of it ; and I do not think it
will be hard, in a little time, to possess ourselves
of it : but, says he, they are in the vrrong way,
yet we are engaged to be ready for them in a
Ibrtnight, and tberefore, says he, now we must
apply ourselves to H as well as we can. And
therenpon I believe thev did send into the
' IcountrV ; and the duke of Monnoouth told me,
lie spake to Mr. Trenchard, who was to take
particular care of Somersetshire, vrith this cir-
cumstance : Says he, I thought Mr. Trenchard
had been a brisker fellow : tor when I told him
of it, he looked so pale, I thought he would
have swooned, when I brought him to the
Inrink of action \ and said, I pray go and do
what you can among your acquaintance ; and
Iruly, I thought it wV)uld have come then to
action. But 1 went the next day to him, and
he said it was iittpossible ; they cosM not get
ihe genilemeiiorthe country to stir yet.
Ld. JRuik/Z. Hy loid, 1 think I h«ve very htfd
measure, here is a great deal of evideooe by.
hear-say.
X. C. J. Thi^ is nothing against yon, I de-
clare it to the jury.
A^t, Gen. If yon please, my lord, "go on in
the method of thne. This is nothing against
you, but it's coming to you, if your loraship
will have patience, I assure you.
Ld. Howard. This is just in tbe order it was
done. When this was pot off, then they were
in a great hurry ; and captain Wakot had been
several tunes with me, and disoouved of il.
But upon this disappointment they said, it
should be the dishonour of Ihe lords, that thev
were backward to perform their parts; but still
they were resolved to go on. • And this hail
carried it to the latter end of October. Aboat
the 17th or 18th, captain Walcot came.to me,
and told me, now the^ were resolved poaitiveljr
to rise, and did beheve, that a smart patty
might perhaps meet whh some great men.
Therenpon I told the duke of it ; I met him in
the street, and went out of my own coach into hia,
and told him, that there was some dark intima*
tion, as if there might be some attempt upoa
the kind's person; with that he strnck fcM
breast with a great emotion of spirit, and said.
God-so, kill the king ! I will never suffer that.
Then he went to the play-house to find air
Thomas Armstron|[, and send him up and
down the city toput it off, as they did fonneriy ;
and it was done with that sacoess, tiiat we were
all quieted in our minds, that at that time no-
thing would be done: but upon the day tha
king came from Newmarket, we dineil toge-
ther ; the duke of Monmouth was one, and
there we had a notion conveyed among ua,
that some bold action should be done that day ;
which comparing it with the king's coming, wa
concluded it was designed upon me kimr. And
I remember my lord Grey, says he. By God,
if they do attempt any such thing, it can't
fail. We were in great anxiety of mind, till
we heard the king^s coach was come in, and
sir Thomas Armstrong not being there, we ap-
prehended that he was to be one of the jiaitj
(for he was not there). This failing, it was
then next determined (which was the last alarum
and news I had of it) to be done upon the 17th
of November, the anniversary of ^peen Eliza-
beth ; and I remember it by this remark 1[
made myself, that I feared it had been disco-
vered, because I saw a proclamation a Uttle be-
fore, forbidding public bonfires witiioot leave
of my lord mayor. It made some impressionB
upon me, tiiat I thought they hail got an inti-
mation of our intention, and nad the^efiyre lor*
bid that meeting. This therefore of the 17th
of November being also disappointed, afid my
lord Shaftesbury, being told things weoe not ripa
in the country, took flitpping and got away :
and from that tim^ I heard no more of him ttll
1 heard he was dead. Now, So*, after this #6
all b^;an to lie under the same sense and approi-
hensions that my lord 8hafteid»inry did, that wa
had gone fo far» and comipnnicaM it to «^
60S} STATE TRIALS, 35 Chaklss U. , l6%S.^ar B^k TVeaun. t<?10
miiy, that h w«s iiii*f« t» niake a retreat;
audi diis beto^ oouidered, it was also oonai-
' dered, that so great an afiair as that was, oon-
aslioff of such infinite particiilars, to be ma-
naged with flo laiieh finsness, and to have so
many parts, it would be necessary, that there
ahmud be some fienoal ooancil, that should
lake UBon them the care of the whde. Upon
* these tlioiights we resolfed to erect a little Cabal
among onnebes, which did consist df six per-
•ons ; and the persons were, the dnke of Blon-
moalAi, IDT lord of Bssex, my lord Bnndl,
Mr. Hamnden, jon. Algemoone Sidney, and
*niyself.
Ait, Gen, Aboot what tiaie was this, when
you settled this coonefl?
JLd. Hewmrd, It would hare been proper for
me in the next place to tell yon that,' and I was
coming to it This waa aSout the middle of
Jan. last (as near as I can remember^ ; for
about that time we did meet at Mr. Hambden's
house.
Ait, Gen, Name those that met
Ld. Eomard, All the persons I named beAre ;
diat Was the duke of Monmouth, my lord of
Eesex, my lord' RosBeU, ooL Sidney, Mr.
Hambden, jun. and myself. When we met
there, it was presently agreed what their proper
proTiBce wai, which Was to have a care of the
whole t and therefore it was necessary some
general thin^ should ftJl under our care and
oondoot, which cotitd nht possibl^ir be'oonducted
bjMidiYidinl personi. The things that did
principally challenga this care, we thought
woe tnesa: Whether the insonrection was most
pn^^ 10 be bcq^ua in London, or in the
country, or both at one instant. This stood
m&a several difierent reasons : It was said in
the ceontry ; and I remember the duke of
Monmouth insisted upon it, that it was impos-
■iUe to <Wose a fomufd, well-methodized, and
flovcmeniorce, with a rabble hastily got toge-
ther ; and tiberefore whaterer numbers could
be gathered in the city, woiild be suppressed
mnuly, before they could form themselrcs:
werefore it would be better to begin it at such
a diitsmy item the town, where they mieht
have an opporlonity of fondn^ themsefVes, Ll
woaU not be sulject to the hke panic foar, as
in the lawn, where half an hour would convey
the» news to those finroes that in another half
hour would be ready to suppress them.
Ati, Gen. Wils this defemuBed among you
all?
Ld. Howard, In this manner that I tell
yotty why it was necessary to be done at some
leasonaUe distance from the town. And from
tbenoe it waa hkewise coqsidered, that the
heiMT so remote from the town, it would put
the King imon this dilemma, that either the
king would send his forces to subdue than,
evooi; ifbe did, he must leare the city naked,
idio being proxim* dispotitioni to action, it
waold give Acm occasion to rise, and come
npon the back of the king's forces; if he did
•ot send, it woul4 give them time to form theft"
number, and be better ordeced.
IQU IX.
Ait, Gen, My lord, we dQ not desire all
your discourse and debates : what waa your
other general thing ?
Ld. Howard. The other was, What coqih
tries and towns were the fittest and most dis-
posed to action : and the third, what arms were
necessary to be got, and how to be disposed.
And a fourth, (wnidli should have been indeed
first in considefUtion) propounded by the duke
of Monmouth, that it would be absolutely ne«
oessary to Iwve some common bank of 35 or
30,000/. to answer the occasions of such all
undertaking. Nothing was done, but these
things were offered tMn to our consideratioii,
and we were to bring in our united advice coih
ceming them. But the last and greatest wasu
how he might so order it, as to draw Scotland
into a consent with us ; for we thought it n^
cessary that aQ the diversidn should be given*
This was the last ^
Att. Gen, Had you any other meetmga f
Ld. Howard, We had, about ten days afkr
this, at my lord Russell's.
Att, Gen, The same persons ?
Ld. Howard, Every one of theaame persona
then meeting. «
Att, Gen, What ddiate had you there f
Ld. Howard, Then it was so »r, aa we came
to a resolution, Jhai some persons should be
sent to my lord Argyle, to settle an understand-
ing with him ; and that some messengem
should be dispatched into .Scotland, that should
invite some persons hither, that were judged
:most able to understand the estate of ScHrtland,
and give an account of it. The persons agreed
on were sir John Cockram, my lord Melvile^
and another whose i^me I have since been
told upon my description. Sir Cambel.
For thu purpose we md order a person should
, be thoufi^t on that was fit —
Att, uen. Do you know who was qen^ and
what was done upon this resolution P
Ld. Howard* i have heard (I never saw him
in six montha before) that Aaron Smith was
aent.
Att. Gen, Who was intrusted to take care of
that business?
Ld. Howard. Col. Sidney. We in discourse
did agree to refer it to colonel Sidney to have
the care ofsending a person.
Att, Gen, Who acquainted you Aaron
Smith was sent?
Ld. Howard. Col. Sidney told me he had
sent him, snd given him sixty guineas for his
journey.
Att, Gen, What more meet^i^ had you ?
lA, Howard, We did then connder that these
meetings might have occasioned some obser-
vation upon us, uid agreed not to meet again
till the return of that messenger. He was
gone, I believe, near a month before we heard
any thing of him, whiah we wondered at and
feared some miscarriage ; but if his letter had
misaarried, it couM have done no great hurt,
for it carried only a kind of cant in it ; it
was under the tfisguiie of a plantation in Ca-
rolina.
2R
€iQ STATE TRIALS, 35 Charlbs II. le^B.-^Tiial oj WUKam^dRuuell/lGn
Att. Oen. You are sure my lord Russell
was tbore ?
Ld. Howard. Yes, Sir: I wish I could say'
he was not.
Att. Gen. Did he sit there as a cypher ?
What did my .lord say ?
Ld. Howard. Every one knows my lord
Russell is a person of great judgment, and not
rery lavish m discourse.
8erj. Jeff. But he did consent P
Ld. Howard. We did notput it to the vote,
but it went without contradictioD, and I took
it, that all there gave their consent.
Sol. Gen. The raising of money you speak
of, was that put into any way P
Ld. Howard. No, but every man was to nut
tfaemselv^ upon thinking of such a way, that
jnoney might be collected witliout adminis-
•tering jealousy-
Att. Gen. Were there no persons to under-
take for a fund P
Ld. Howard. No, I think not However,
it was but opinion, the tiling that was said was
iocctiely, rather than any Siing else, that my
lord of Essex had dealing in money, and there-
fore he was thought the most propter person to
lake care of those tbinjgps ; but this was said
rather bvvway of mirth, than otherwise.
Att, Gen. What do you know else, my lord P
Ld. Hawmrd. I was going to tell you, I am
Aow «t a folk stop. For it was tax weeks or
more before Smitn's return, and then dreW on
the time, that it was neoeawryfor me to go
into Essex, where I had a small concern;
there I staid about three weeks ; when I came
back, I was informed that he was returned,
and sir John Cockram was also come to town.
X. C* J» Did you meet ailer this P .
Ld. Howard. No, my lord, I tell you. that I
was forced to go three weeks ubon tne ac<-
. count of my estate, and afterwards I was ne-
oessitatfsd to go to the Bath, where I spent five
weeks ; and the time of coming from the
Bath to this time, is ^\e weeks more ; so that
all this time hath been a perfect parenthesb to
me, and more than this 1 Know not.*
■^»iB«a«w
* On aquGStion as to the admissibility of
evidence of confidential communications (as to
which, see in this Collection the Duchess of
Kingston's Case, a. p. 177 6J Jord Keoyon
thus noticed this testimony oi loi^ Howard :
** If a' friend would not reveal what was im-
parted to him in confidence, what is to become
of many cases tven affecting life, e. g. Dr.
Ratcliff's Case. And if the privilege now
claimed extended to ail cases and persons, lord
W. Russell died by the hands of an assassin and
.not by the hands of the law ; for his friend
lord Howard was permitted to give evidence of
confidential conversations between them : all
good men^indeed thought that he-sbould have
gone almost all lengths rather than have be-
trayed that confidence ; but still if the privi-
lege had e]Etended to such a case, it was the
business of the Court to interfere and prevent
the evidence being given«" See Wiuon v,
9wta]J, 4 T. Rep. 758, 9.
L. C. J. My lord Russell, Now,' if yoar
lordship pleases, is the time for you to ask hiia
any questions.
Ld. Rusteli. The most he hath said of me,
my lord, is only hear-say ; the two times w«
met, it was upon no formed design, only to
talk of news, and talk of things in general.
L. C. J. But I will ten you what it is he
testifies, that comes Dearest vour lordship, that
so you may consider of it, ii yon will asK any .
questions. He says, after my lord ShafWa-
Dury went off ^all before is but induc^ent, as
to any thing tnat oonceme your lordship, and
does not particularly touch you; alter Itii
goinff away, he says) the party concerned with
my tord Shaftesbury did thmk fit to mak*
choice of six persons to carry on the design
of an insurrection or rising, as he oaMs it, hi
the kingdom ; and that to that purpose, choice
was made of the duke of Monmouth, my lord
of Essex, your lordship, my lord Hovaitf,
colonel Sidney, and Mr. Hambdenj
I^. Rutseu, Pray, my lord, not to intemipe
you, by what party (I knoir no party) were .
they chosen P
Ld. Howard. It is ver^ true, we were w^
chosen by oonunnaity, butdid erect ouraelvet
by mutual agreement, one with aoelher, into
this society,
Ld. RmsIkU, We were people that did meet
very often. -
X. C. J. Will yotv lordship please to have
any other questions asked of my lord Howard P
Ld. Ruuelli' He says, it was aformed desigv,
when we met about no such thing.
JL €. J. Be says, that yoa did consult
amons: yourselves, about the raiskig of men,
and where therieing should be firsts whether
in the city of Looim, orhh^ more foretgn
parts, that you hadeeveral delitas cooccpihig
it ; he does make meuliOD ef eOM ^f the dnka
of Monmouth's argoments^for ittflkiDg formed
U) places from die city ; he says, you did all
agree, n^ to do any thing further hi it, till yoo
had oonsideied how to raise money aiidaxma :
and to engage the kingdom of Scotland in this
business with you, .that it was agreed among
yon that amessengvr should be sent into the .
kingdom of Scotland. Thus fhr he gees upon
his own knowledge, as he saith ; what he
says after, of sendmg a messenger, is by report
only.
Att. Gen. I beg your pardon, my kird.
L. C. J. It is so, that which he heard con-
cerning the sending of Aaron Smith.
Att. Gen. Will you ask him any qioeatiiimsP
Ld. RutulL We met, but there was no de-
bate of any such thing, nor puttbg any thing in
method. But my lord Howard is a man that hath
a vohiUe tonnie, talks very wdl, and is foil of
discourse, and we were delighted to hear Ikhn.
Att. Gen. I think yoor lordship did mentioB
the Cambdls P
Ld. Howard. I did stammer it oat» but not
without a parenthesis, it was a person of tiw
alliance, and I thooght of the same of the
Argyles.
613] STATE TRIALS, 35 Ohailb^ U. . l£a3.-/«r High Irtatan. 16U
Ld. EuneU. I desire your lordship to take X. C. J. WTy knd Russell, the king'« <»nii-
DOtiee, that none of these oiea I ever saw ; sel do think to i«st upon this^ evidence that
my lord Melvjlei have seen, but not npon this they have given agaicst your lordship. I
account
Mr. Atterhury sworn.
An. Gen. Aaron Smith did go, «nd Cam-
bell be went for, ii here taken. This is the
messenger. Pray, what do yoalmowof the
apprehending of the Cambelk ?
Atterimty. If it please vour lordship, I did
n0t appreUend sir Hugh Cambell mysdi; bat
he is now in my custody ; he was making his
escape mitofia woodoionger's house, both he
and bis son.
Ait. Gen. How long did he own he had
beep ai London ?
Atterhury. Four days, and that in that time
be had been at their lud^ngs ; and that be
and his son^ and one Bailey, came to town
together.
Att. Gen. My, lord, we shall besides this
(now we have fixed this up(m my lord) give
you an account, that these persons, that were
to rise, always took them as their pay-masters,
and expected their assistance. Mr. West, Mr.
Keding, and Mr. Leigh.
Mr. Wett^ sworn.
Att Gen. That which I call you to, is to
knew whether or no, in your managery of this
Pkit, you understood any of the lords were
concerned, and which ?
Mr. West. My lord, as ia my lord Russell, I
never bad any conversation with him at all, but,
that I have heard this, that in the, insurrection
in November, Mr. Ferguson, and colonel
Bumsey., did tell me, that my lord Russell in-
tended to go down and take his post in the
West, when Mr. Trenchard had failed them.
L. C. J. What is this ?
Att. Gen. We have proved my lord privy
to the consults ; now we go about to prove the
nnder-actors did know it.
West* Thev ilways said,. mV lord Russell
was the man they most depended u|K)n, because
he was a pecson looked upon as of great so-
briety.
Ld. "Ruisell. Can I hinder people from mak-
ing nse of jny name ? To have this brought to
influence the gentlemen of the jury, and
inflame them against me, is hard.
X. C. J. As to this, the giving evidence by
hear-say, will not be evidence ; what colonel
Rumsey or Mr. Ferguson told Mr. West, Is no
evidience.
Att. Gen. It is not evidence to convict a
man, \£ there were not plain evidence before ;
but it pbunly confirms what the other swean :
hut I think we need no more.
Seij. Jeff. We have evidence without it, and
win not use any thing of garniture ; we will
leave it aa it is, we won't trouUe your lord^ip
any further. I think, Mr. Attorney, we have
done with onr evidence.
* 8ee what Burnet says of this maii> at
^, i^ #f Ibia Tohitt«.
would nut your lordship in mind of those
tilings that are material in this case, and prov*
ed against your lordship. Here is colonel
Rumsev does prave against your .lordship
this, That he was sent u^n an ei-rand, which
in truth was traiterous; it was a traiterous er-
rand sent from my lord Sbaftes'^ury by lum to
that meeting. He does swear your lordsliip
was at that meeting: and he delivered his er-
rand to them, which was to know, what ac-
count could be^ven concerning theclesign of
the insurrection at Taunton ; and he says, your
lordship being there, tliis return was made,
that Mr. Trenchard had failed them in his un-
dertaking in the business, and therefore my
lord Shaftesbury must be contented, and sit
down satisfied as to that time. Mr. Sheppard
does likewise speak of the same time, that
your lordship was there with the rest of the
persons, the duke and others ; that there was a
discourse concerning; an insurrection to have
been n^ide (though he is not .so particular, as
to the very notion of it ; as colonel Rumsey is);
as to the time they do agree.
Ld. Russell. Col. Rumsey is not positive that
I said or heard any thing.
' L. C. J. My lord, it ^roo will have a little
patience to hear me, I will tell you what it is
presses you ; there is this which I have men-
tioned; and Mr. Sheppard does say, there was.
a paper purporting a declaration then read
among the company there, which was to be
printed upon the rising, setting forth the op-
pressions and grievances of the nation ; and
then my Iprd Howard (after a great discourse
concerning the many designs of my lortf
Shaf^shury) comes particularly to your lord
ship, anA says, that six of you, as a choset
council among yourselves, (not that yoi
were actually chosen, hut as a chosen coun-
cil among youradves) did undertake to ma-
nage the great matter of the insurrection, and
raising of men, in order to surprise the lung's
guar£, and for to rise (which is a rebel-
Bon in the nation). He says, that you had
several consults concerning it. I told you the
sieveral particulars of those consults he men-
tioned : now it is fit for your lordship, and it is
your time, to give some answer tb these tilings.
Ld. Russell. My lord, I cannot hut think
myself mighty unfortunate, to stand here charg-
ed witli so high and heinous a crime, and that
intricated and intermixed with the treasons and
horrid practices and speeches of other people,
the king^s counsel taking all advanta^esj and •
improving and heightening things against me.
I am- no lawyer, a very unready speaker, and
ahogeiher a stran^^r to things of this nature,
and alone, and without counsel. Truly, my
lord, I am Very sensible, I am not so provided
to make my just defence, as otherwise I should
do. But, my lord, you are equal, and the
gentlemen of the jury, I think, are men of
cpnsciencei i tiiey are 'strangers to me, and I
• >>
^ > •
«1S] STA'^THIALB, SSCharlssU. iGBS^Tiiat ^ WUlimm Lori RusiM, t£l6
hope they Taliie innocent blood, and will con-
sider the witnemea that swear against me,
«wearto savetheir own Irres} for howsoerer legal
witnessed (hey may be aocoanted, they can't
be credible. And for col. Rnmsey, who it is
notoriously known hath been so highly ob-'
\ liged by tne king, and the duke, ibr him to be
capable of such a dengn of murdering the
king, I think nobody will wonder, if to save
his own life, he will endearour to take away
mine ; neither does he swear enough to do it;
and then if he did, the time, by the 13th of
this king, is elapsed', it must be, as I under-
stand by the law, prosecuted within six months ;
and by the 25 £. 3, a design of levying war is
DO treason, unless by some oyert-act it appear.
And, my lord, I desire to know, what statute I
am t9 be tried upon ; for generals, I think, are
not to be fi^one upon in these cases.
jL. C,J. (To the Attorney General.) Mr.
Attorney, yon hear what it is my lord objects
to this evidence ; he says, that as to those wit-
nesses that testify any thing concerning him,
above six months before he was prosecuted, he
conceives the act of parliament, upon which he
takes himself to be indicUsd, does not extend to
it ; for that says, that within six months there
ought to have been a prosecution ; and my lord
tells jou, that he is advised, that a design of
levymg wlsir, without actual levying of war,
was not treason before that statute.
Att, Gen. To satisfy my lord he is not in-
dicted upon that statute, we go upon the 25
£. 3. But then for the next objection, surely
my lord is informed wron^. I'o raise a re-
bellion, or a conspiracy, within the kingdom,
is not that which is called levymg of war in
that statute, but to raise a number of men, to
break prisons. Sec. which is not so directly
' tending against the life of the king. To pre-
pare forces to fight against the kiner, that is a
juesign, within that statute, to kill the kinff ;
mnd to defflgp to fJepose the king, to imprison the
king, to raise the subjects against the king,
these have been settled by several resolutions
to be within that statute, and evidences of a de-
sign of killine the king.
Ld. Russeu, My lord^ this is a matter oflaw ;
neither was there but one meeting at Mr.
Sheppard's house.
Ati. Gen. My lord, if you admit the fact,
and will rest upon the point oflaw, I am i^ady
to argrue it with any of your counsel. I will
acquaint yonr lordship how ihe evidence
stands. Tnere is one evidence since Christmas
last -
Ld. Kutsell. That's not to the business of
8heppard*s house. My lord, one witness will
DO) convict a man of treason.
Att, Gen, If there be one witness of one
set of treason, and another of a second, an-
other of a third, that manifest the same treason
to depose or destroy the king, that will be suf-
usient.
JL C. J. My lord, that has been resolved :
ibe two witnesses the statute requires are not
tb the same individaal act, bdt to the same
treason ; if they be several acts dedathir the
same treason, and one witness to each of Aeai,
they have been reckoned two witnesses within
the statute of Edw. 3.
Serj. Jejf: If my tord wfll call his witpf
Ld. lUuieii, Thisistaddngof twotrsaiNDS
together'; here is one in Vevember by one wit-
ness, and then you bring on another with a
discourse of my lord Howard, and he says the
discourse nasbed for pleasnre.
X. C. J. If your lordship do doobt whstfasr
the fact proved against your lordship be treason
or not within the statute of £. 3, and you are
contented that the fact be taken as proved
against your lordship, and so desire ooimsel
barely upon tiiat, that is matter of law, yon
shall have it granted.
Ld. RuiteU, I am not knowi|ij|^ in the law. |
think a is not proved ; and if it was, I think
its not punishable by that act I denra
counsel may be admitted upon so nine a jieint.
My life lies at stake; here's bat one irUness
that speaks of a ipessage.
S./(^. The fact most be left to the jnry;
ire if I
therefbro B* my lord Russell hath any
to call in opposition to these matters, let him.
L, C. J. My lord, there can be no matter of
law, but upon a fact admitted and stated.
lA.Rutsell. My lord, I do not think it proved :
I hope you will be of oonnselibr me ; it is very
hard for me, that my counsd may not speslk
for me in a point oflaw.
jL. C. /. My lord, to hear your eonnsel
concerning ibis fact, that we cannot do, it
was never done, nor will be done. If yonr
lordship doubts whether this fact is treason or
not, and desires your counsel may be heard to
that, I wUl do it.
Ld. RuuelL I doubt in law, and do not see the
fact is proved upon me.
SoL Gen. WH your k>rdship please to call
any witness to the matter of fact P '
Ld. "RuuelL It is very hard a man most lose
his life upon hear-say. Cotonel Rumsey says
he brought a message, which I will swear I
never heard nor knew of. He does not say be
spake to me, or I gave him any answer.
Mr. 8heppard remenobers no such thing : he
was gone to and again. Here is but one wit-
ness, and seven months ago.
Att. Gen. My lord, if there be any thing
that is law, you shall have it.
Ld. RuMiell. My lord, colonel Ramsey the
other day before the king, could not say, tnat I
heard it, I was in the room, but I came in late,
they had been there a good while ; I did not
stay above a quarter of an hour tasting sherry
with Mr. Sheppard.
L, C. J. Read the Stetute of 25 £. 3. e. S.
My brothers desire to have it read.
CLffCr. 'Whereas divers opinions have
< been before this time, in what case tmson
< shall be said, and ip What not : The king, at
< the request of the Lords, and of the Con*
< moos, hath made a dedaratkm in the naan-
( ner as hereafler foUoweth : that Is tn say.
61 7? STATE TRIALS, 35 CHABtBS U. ifiSS.— >U» Bigk TfrtMim. £6i S
when m nan doth oompaw or ^nagine tbe
death of our lord tbe king, or of our lady his
queen, or of ^Mir eldest son and heir; or if a
man do violate tbe king's companion, or t)ie
king's eldest daoghter unmarried, or the wiie
of the king's eldest son and heir ; or if a man
do levy war against pur lo>rd the king, in his
reabn, or be adherent to the king's enemies in
his realm, giving to them aid and comfort in
the realm, or elseivbere, and thereof be prov-
able attainted of open deed by people of their
condition : and if a man counterfeit the king's
great or privy seal, or his money : and if a
man bring ialse money into this realm, coon-
terfeit to the money of England, as the. money
called Lushbarffb, or other like to the said
money of EngUrnd, knowing the money to
be false, to merchandise, or make payment in
defecit of our said lord the king, and of his
people : and if a man slea the chancellor,
treasurer, or the king's justices of the one
bench or tbe other, justices in eyr^, or justices
of assize, and all other jiistices designed to
bear and. determine, bein^ in their places
during their offices. And it is to be under-
stood, that in tbe cases above rehearsed, that
ought to be judged treason, which extends to
our lord the king, and his royal majesty.'
X. €, /. My lord, that which is urged
against you by the king's counsel, is this. You
are accused by the indictment of compassang
and desDgning the king's death, and of en-
deavouring to raise an msurrection in order to
it; that t&t they do say is, that these oonn-
sela that your lordship hath taken, are evi-
dences of your compassing tbe king's death,
and are ovei't-acts declanng the same; and
upon that it is they, insist your lordship to be
guihy within that statute.
lid. RuitelL It is in a point of biw, and I de-
are counsel.
Att, Gen, Admit your consultations, and we
will hear them.
L. C. J. I would set your lord^ip right,
for probably you may not apprehend the law in
this case ; if your counsel be heard, they must
be heard to this, that taking it, that my lord
Russell has consulted in this manner, lor the
raifling of forces within this kingdom, and
naakii^f an insurrection within this kingdom,
as colonel Rumsey and my lord Howard have
depoaed, whether then this be treason, we can
hear your counsel to nothing else.
Im. JRuttell, I do not know how to answer it.
Tile point methinks must be quite otherwise,
that uiere should be two witnesses to one thing
at the -same time*.
Att, Gen. Your lordship remembers, in my
lord Stafford's case, there was but one witness
to one act in England, and another to another
in France.
■ ■ T ■■ ■ ■ ■ ■
* See the Resolutions of the Judges in Lord
Blafford's Case,-vol. 7, p. 15S7, of this Col-
lection. See, too» East's Pleas of the Crowb,
c. 3,s.^y64y65.
Ld. RusielL It was to the same point
Att. Gen, To the general point, the lopping
point,
Serj. JejferieB, There was not so much evi-
dence against him, as there is against your
hnrdship.
L, C. J. My lord, if your lordship will aaj
any thing, or call any witnesses to disprove
what either of these gentlemen have said, we
will hear your lordship what they say : but if
you cannot contradict them by testimony, it
will be taken to be a proof. And the way you
have to disprove them, is to call witnesses, or
by asking questions, whereby it may appear to
be untrue.
Sol. Gen, If yon have any witnesses, call
them, my lord.
Ld. AuselL I do not think they have proved
it But then it appears by the statute, that
levying war is treason, but a conspiracy to levy
war is no treason ; if nothing be done, it is not
levying war within tbe statute. There must
be manifest proof of the matter of fact, not by
inference.
Att. Gen> I seethat is taken out of my lord
Coke. Levying war is a distinct branch of the
statute; and my kvd Coke; explains himself af^r*
wards, and says, it is an assuming of royal
power, to raise for particular purposes.
Just Withint. Unless matter of fact h^
agreed, we can never come to argue the law.
Ld. Russell. I came in lafe.
Sol. Gen. Pray, my lord, has your lordship
any witnesses to call as tb this matter of ftct. _
Ld. BMSsell. I can prove I was out' of town
when one of tbe meetmgs was ; but VSx. Shep-
pard cannot recollect the day, for I was out of
town all that time. I never was but once at
Bfr. Sheppard's, and there was nothing under-
taken of viewing the guards while I was there.
Col. Rumsey^ can you swear positively, that I
heard the message, and ^ve any answer to it ?
L. C. J. rro Colonel Rumsey) €ir, did my
lord Russell hear you when you delivered tbe
message to the company ? Were they at the
table, or where were they ?
Col. B^msey. When I came in they were
standing at the fire-side; but they au came
from the fire •fide to hear what I said.
Ld. RusselL Colonel Rumsey was then
when I came in.
Col. Rumsey. No, my lord. The duke of
Monmouth, and my lord Russell, went away
together ; and my lord Grey, and sir Thomas
Armstrong.
Ld. Rtuseil. The duke of Monmouth and I
came together, and yon were standing at the
chimney when I came in ; you were there be-
fi>re me. My lord Howard hath made a long
narrative here of what he knew. 1 do not
know when be made it, or ^when he did reool -
lect any thing ; "^ but very lately, that he did
declare and protest to several people, that he
knew nothing against me, nor of any Pk>t' I
could in the feast be questioned for.
L. C. J. If you will have any witnesses
called to Ukat, you shall, my lord.
Cl9] STATE TRIALS, 55 Charles IT. iSSS.'^Tnalcfiratiam iMrdRuisell, [620
Ld, Anglesey, I have told you what happened
in my hearing^. '
Then Mr. Howard ttood ap.
X. C J. Come, Mr. Howard, what do yon
know?
Mr. Howard, I must desire to say some-
thing of myself and m^r. family first: My lord
'and! have been very iotimate, (lot only as
relations, but as dear friends. My lord, I have
been of a family known to Hbve crcat respect
and duty for the king ; and I thinlc there is no
tamily in the nation so numerous, that hath
expr^sed greater loyalty; upon which ac-
count I improved my interest in my lord How-
ard ; I endeavoured, upon the great misunder- .
standing of the nation, (if he be here, he knows
it) to -persuade him to apply himself to the
king, to serve him in that great difficulty of
state, which is known to all the world. I
sometimes found my lord very forward, and
sometimes I sotlened him ; upon which parly,
and upon his permission, and more upon my ,
own inclination of du^, I made several appli-
cations to ministers, of state, (and I can name
tliem) that my lord Howard had a great desire
of serving the king in the best way of satisfac- .
tion, ana particularly in the g^eat business of.
his brother. I wondered there should be so
much sharpness ibr It mattei' of opinion^ and I
told my loitl so, and we had several disputes
about it My lord, I do say this before I come
to the thing. After this I did partly by his
permission, and partly by my own iocliuatioa
to serve the king, because I thought my lord
Howard to be a man of parts, and saw him a
man that had interest in the nation, tell ny
lord Feversham, that I had prevailed with a
relation of mine, that may be he might thfnk
opposite, that perhaps might serve the king in
this great difficulty^that is emergent, and par-
ticularly that of his brother. My lord Fever-
sham did receive it very kindly, and I wrote a
letter to him to let him know how I had sof-
preaches tl^ere,*^ and does^ the offices of the i tened ray lord, and fHat it was my desire be
Ld. RasselL My lord Anglesey, and Mr.
Edward Howard. .
My Lord iln^/es^ stood up.
L, C. J. My lord Russell, what do you ask
my lord Anglesey ?
Lord Russell. To declare what my lord
Howard told him about me, since I was con-
fined.'
Ld. Anelesey* My lord, I chanced to be in
' town the last week ; and hearing my lord of
Bedford was in some distress and trouble con-
cerning the affliction of his son, I went |o give
him a visit, being my old aopiaintance, Of
some 53 years standincf, I believe ; lor my lord
and I were bred togetuer at 3Iaudlin-College
in Oxon ; I had not been there but a very litUe
while, and was ready to go away again, after I
had done the goodi office I came about ; but
ny loid Howara came in, I don't know whe-
ther he be here.
tid. How^d, Yes, here I am to serve your
lordship.
Ld . Anglesey. And sat down on the other side
of my lord ot Bedford, and he began to com-
fort my lord ; and the argumentslie used for
his comfort, were, My lord, you are happy in
having a wise son, and a worthy person, one
that can never sure be in such a Plot as tliis,
or suspected for it, and that may give your
lordship reason to expect a very good issue
concerning him. I know nothing against him,
or aov -boidy else, of such a barbarous design,
and therefbre your lordship may be comforted
in it I <lid not hear this only from my k>rd
Howard's month, but at my own home upon
the Monllay after, for I nse to go to Totteridge
for fresh air ; I went down on Saturday, this
happened to be on Friday (^y lord being here,
I am glad, for he cannot forget this discourse) ;
and when I came to town en Mofiday, I un-
derstood that my lord Howard upon that very
Sunday hadheen at church with my lady Cha-
irortb. My lady has a chaplain, it seems, thai
church ; but my lady came to me in the even-
ing^ This I have from my lady-
ni
from
my
X. C. X My lord, what^ou nave
lady is no kind of evidence at all.
Ld. Anglesey, I don't know what my lord is,
I am acquainted with none of the evidence, nor
what bath been done : But my lady C ha worth
came to me, and acquainted me, there was some
suspicion — :
8eij. Jefferies. I don't think it fit for me to
interrupt a person of your honour, my lord,
but' your lordship knows in what place we
stand here: >Vhatyoucansay of any thing
you heard of my lora Howard we are willing
to hcai*, but the other is not evidence. As the
court will not let us offer hearsays, so neither
must we that are for the king permit it*.
^i^iiM
* " But the court did let them offer hearsays ;
Ibr lord Howard went on with hearsay evi-
dence, even after lord Russell complained of
it, p. 608." Note in foitner Edition.
rfiould sp^ak with my lord at Oxon. My lord
Feversham gave me a very kind account when
he came again, but he told me— —
L. C. /. Pray apply yourself to the matter
you are called for.
Mr. How(trd. This it may be is to the mat-
ter, when you have heard m^; for I think I
know where I am, and what I am to say.
X. G. J. We must desire you not to go on
thus.
Mr. Howard. I must satisfy the world, as
well as I can, as to myself, and my fi^nily, and
pray do not interrupt me. After this, my lord,
there never iKissed a day for almost—*
X. C. J. Pray speak to tfiis matter.
Mr. Howard, Sir, I am coming to it.
X. C. J. Pray, Sir, be directed by the court.
Mr. Howard. Then now, Sir, I will come to
the thin^. Upon this ground I had of my
lord's kmdness, I applied inyself to my lord in
this present issue, on the breaking oiA of this
Plot. My lord, I thought oertainly, as near
€21}
STATE TRIALS, 55 Charles IL l68d.— /or Htg^X TVeoMm. , [6m
IS I conld discern hi'm,- (for be took it upon his
bonoor, his iuitb, and as much as if ne had
taken an oath before a magistrate) that lie
knew notbing' of any man concerned in this
business, and particularly of my lord Russell,
whom he vindieated with all the honour in the
world. My lord, it is^true, was afraid of bis
own person, and as a'friend and a relation, I
concealed him in my house, and I did not tliink
it was for sach a conspiracy, but I thought he
was unwilling to go to the 'Tower for nothing
again : So that if my lord Howard has the same
soul on Monday, that he had on Sunday, this
cannot be true, that he swears against my lord
Uussell. This t say upon ray reputation, and
honour ; and something I could say more, he
added, bethought my lord Russell aid not only
nniustiy sufler, but be took God aiul men to
witness, he thought him the worthiest person in
'the world. I am very sorry to hear any man
of my name should be guilty of these thmgs.
Ld. RutselL Call Dr. Burnet. Pray, Dr.
Burnet, did you hear any thio^ from my lord
Howard, since the Plot was discorered, con-
cerning me ?
Dr. Burnet. My lord Howard unh with me
the night after the Plot broke out, and be did
then, as he had done before, with bands and
eyes lifted up to heayen, say he knew nothing
or any Plot, nor belieyed any ; and treated it
with scorn and contempt
Ld. Howard, My lord, may I
teff?
Serf. Jef, No, no, my lord, we don't call you.
JL C J^. Will you please to haye any other
witnesses called ?
Ld. Russell. There are some persons of
•quality, that I have been very well acquainted
and conversed with, I desire to know of them,
if there was any thing in my former carriage,
to make them 'think me like to be guilty of
this ? My lord Cavendish.
L. Cavendish, I had the honour to be ac-
quainted with my lord Russell a long time. I
always thought him a man of great honour,
and too prudent and wary a man to be con-
cerned in so vile and desperate a design as this,
atad from which he would receive so little ad-
vantage : I can say nothing more, but that two
or three days since the discovery of this plot,
upon discourse about colonel Rumsey, my lord
Russell did express something, as it* he had a
Tery ill opinion of the man, and therefore it
itf not likely he would entrust him with such a
lord in private, about these pubti
speak for my- ' Bat I have always found that ra
L. RuttefL Dr. 'Kllotson. [He appears.
X. C /. What questions vrould you ask him,
my lord P
X. Russell. He and I happened to be yery
conversant. To know whether he did ever find
any thing tending to this in my discourse.*
* See the admissibility of evidence of this
•Oft considered in the arguments as to the
admission of the *' Letter to k>rd Ashbuiton,"
on the fourth day of the Trial of Mr. Home
Tooke, A. D« 1694, in this Collection*
L: C, J. My lord caUsyoalas to his life, and
conversation, and reputation.
Dr. Tilh^on. My lord, I have been many
years last past acnnainted with my lord Rus-
sell, I always judged him a person of great
virtue and inCerrity, and by all the conversation
and discourse 1 ever had with him^, I always
took biro to be a person very far from any such
wickfd desis^n be stands cbai^ged with.
L. Russell. Dr. Burnet, if you please to give
some aocoont of my conversion.
Dr. Buntet. My lord, I have had the honour
to be known to my lord Russell several years,
and be bath declared himself with much oo^-
dence to me, and he always upon all occasions
expressed himself against all risings ; and when
l>e spoke of some people that would pro-
voke to it, he expressed himself so determined
a^nstthat matter that I think no man could
do more.
L.C.J. WIN your lordship call tny other
witnesses ?
L. Russell, Dr. Cox.
Dr. Thomas Cox stood up.
Dr. Cor. My k>rd, 1 dU not expect to have
been spoken to upon this account. Having
been very mnch With my }ot6 of hrte, that is,
for a month or six weeks before this jdot came
out, I have had occasion to speak with my
A_ _ M. ^ _ .m.^ matters:
, ray k>rd was
against all kind of risings, and thought it tb*
greatest folly and madness, till thmgs should
come in a parliamentary way. I have had
occasion often to speak with my lord Russell
in private, and having myself been against all
kind of risings, or any thing that tended to th«
disorder of the public, I have heard bun pro*
fess solemnly, he thought it would ruin th«
best cause in the world to take any of thes^
irre^larways for the preservmgof it; and
particularly m^ lord hath expressed himself
occasionally of these two persons, my lord
Howard and colonel Rumsey : One of them,
^cofenel Ramsey, I saw once at my lord's
house, and he offered to speak a little private-
ly. But mv lord told me he knew him bnt a
little : I told him he was a valiant man, anA
acted his part va&ntly in l^ortogal. He said
he knew him little, and that he had notbing
to do with him, bnt in my lord Shaftesbury's
business: He Said, for my lord Howard, he
was a man of excellent parts, of luxuriant
parts, but he had the luck not to be mnch
trusted by any party. And I never heard bhn
say one word of indecency or immodesty to-
wards the king.
L. Russell. I would pfay tfie duke of Somer-
set to qpeak what he knows of me.
D. of Somerset, I have known my lord
Russell for about two years, and have had
much conversation with him, .and been ohea
in his company, and never heard any thing
from him, but what was very honovtablei
kyyal, and just.
L. C, J. My lord doas say, thst he has
623] STATE TRIALS* S5CHJkKhESlhl6i3.^^nrUlafWUKamLardRu8$eU, 16U
known mv lord RuaseH for about tiro years,
and hath nad much oonyersation with him, and
been much in his company, and never heard
any thinff from him, but what was honourable^
and loyal, and just in his life.
Foreman of ilu Jury. The gentlemen of the
jury desire to ask my lord Howard somethi&g
upon the point my lord Anglesey testified, and
to know what answer he makes to my lord An-
glesey.
L. C. Baron, My lord,, what say you to it,
that you told his fa&er he was a discreet man,
and he needed not to fear his engagement in
any such thing P
14. Howard. My lord, if I took it right, my
k>rd Anglesey's testimony did branch iteelf into
two parts, one of his own knowledge, and the
oUier by hearsay : as to what he said of his
own knowledge, when I waited upon ro^ Iwd
of Bedford, and endeavoured to comfort him,
concerning his son, I believe I said the words
i|Qiy lord Anglesey has given an account of, as
near as I can remember, that I looked upoir his
lordship, as a man of that honour, that I hoped
he might be secure, that he had not en-
tangled himself in any thing of that nature.
My lord, I can hardly be provoked to make
my own defence, lest this noble lord should
suflter, so ^villlng 1 am to serve my lord, who
knows 1 cannot want affection for him. My
lord, 1 do confess I did say it ; for your lord-
ship wdl knows under what circumstances we
were: I was at that time to outiace the thing,
both for myself and my party, and I did not in-
tend to come into this place, and fict this part.
God knows how it is brought upon me, and with
what unwillingness I do sustain it; but my
duty to God, the king, and my country, re-
quires it ; but I must confess I am very sorry
to carry it on thus lar. My lord, I do confess
I didsay so, and if I had Ken to visit my lord
Pemberton, I should have said so. There is
none of those that know my lord Russell, but
would speak of my lord Russell, from those
topics of honour, modes^, and integrity, his
wMe life deserves it. And I most confess, I
did frequently say, there was nodiing of truth
in this, and 1 wish this may be for my lord's
advantage. My lord, will you spare me one
thing more, because that leans hard upon myre-
putation ; andif the jury believe that I ought
^DOt to be believed, for I do think the reli^on of
an oath is not tied to a plaee, but receives its
obligation from the appeal we therein make to
Go<^and,Ithink,if i called God and Angels to
witness to a falshood, I ought not tobe bdieved
now: but I will tell you aa to that; your lord-
ship knows, that very man that was committed,
was committed for a design of murdering the
king ; now I did iay h<m on that part, fur I
was to carry my knife dose between the
paring and the apple ; and I did say, that
if I were an enemy to my lord Russell, and
to the duke of Monmouth, and were called to
be a witness, I must have declared in the pre-
flenoe of Ciod and man, that I did not believe
•itlMroftheinhadaDy dM^ to murdsr the
long. 1 hare said this, because I wouM not
walk under the character Of a parson, that
would bepeijuredattheexpenoeofso noble a
person's life, and my own soul.
Ld. RuueiL MylordClifibni.
L, C. /. What do yon pleaso to ask my lord
Clifford.?
Ld. RuMselL He bath known my conversa-
tion for many years.
lA, Clifford, I always took my lord to be a
very wortny honest man ; I* never saw any thing
in his conversation to make me believe other-
wise.
Ld. RusMelL Mr. Gore.
Mr. Luton Gore. I have been acquainted
with my lord several years, and conversed
much with him ; in all the discourse I had witi|
him, T never heard him let any thing fall, that
tended in the least to any rising, or any thing
like it ; I took him to faie one of the best sods,
one of the best fathers, and one of the best mas«
ters, one of the best husbands, one of the best
friends, and one of the best christians we had.
I know of no discourse concerning this matter.
Ld. Rustell. Mr. Spencer, and Dr. Fitz-
' Williams.
Mr. Spencer. My lord, t have known my
lord Russell many years, I have been many
months with him in his boUse ; I never saw any
thing by him, but that he was a oMist virtuooa
and prudent gentleman, and be bad prayers
constantly twice a day in his house.
£. C. J, What, as to the general conver-
sation of his life ? my lord asks you, whedier it
hath been sober P
Mr. Spencer. I never saw any thing but very
good, very prudent, and very virtuous.
Ld. RutteU, What eompany did you see used
to come to me ?
Mr. Spencer. I never - saw any but bis near
relations, or his own ftmily . I have the honour
to be related to the family.
Then Dr. Fiix-WilUttnu^ stood up.
Ld. Ruuell. If it please you, doctor, yav
have been at my house several times, give an
account of what you know of me.
Dr. FiU'Wilfiams. I have had the know-
ledge of my lord these 14 yean, from the tim«
he was manied to his present ladv, to wfaooe
fiither, eminent for k>yaltv, I had a relatkMi
bj service; I have had acquaintance with
hiB both at Stratum, and Soutnampton Build-
ings ; and by all the conversation 1 had with
him, J esteemed him a man of that virtue, thajt
he could not be guilty or%ueh acrimeasthe
conspiracy he stendsdiarged with.
' - ' —
* He had been chaplain to the earl of South-
ampton, the father of Lord RusaeU's wife Lady-
Rachel. By hei be was much esteemed, and
tiiegreater rart of the published coUection of
Letters of Lady Rachel Ruasdl, coaaiits of
correspondence oetween them. AfWiP the Re-
volution he was deprived of his canonry of
Windsor and other praf erment for not taking tha
oatba to King WilhiiaaAd Que^Mary.
695]
STATE TRIALS^ 35 Charibs IL l6BS,^fir tS^TktOion.
[62<f
X. C. /. M7 lord, does your lordsklp caU voj
more witneiseB ?
• Ld. Russell* No, my lord, i will be very short.
I shall declare to voor lordship, that I am one ,
that hare always nad a heart sincerely loyal
andafiectionate to the king*, and the govern-
ment, the best govemroent in the world. 1
pray as sincere^ finr the kind's happy and
long' life as any man alive ; and for me to go
about to raise a rebeliibn, which I looked npon
as so widced and onpracticable, is unlikely.
Besides, if I had been mclinedto it, bv alltne-
obeerralion I made in the country, there was
DO tendency to it What some hot headed
people have done there, h another thing. A
rebelUoo cannot be made now as it has been in
formpr times ; we ha:re few great men.* I
was always for the government, I never desired
any tbins' to he redressed, but in a parhamen-
tary andfegal way* I have been always aoainst
innovations, andf all irr^nlarities whatso-
ever ; and shall be lis long as I live, whether
it be sooner or later. Qeutlemen, I am now
in your hands eternally, my honour, my life, and
aU ; and I hope the heats and animosities that
are amongst you will not so bias you, as to
make yoo in the least inclined to find an inno-
cent man goilty . I call to witness heaven and
earth, I never bad a design against the Idng's
life, in my life, nor never shall have. I think
there is nothing proved against me at aff. I
am in your 1mu&. God direct you.
Soi, Gen, My lord, and you gentlemen of
the jnry, the prisoner at the bar stands indicted
for high treason, in conspiringthe death of tbe
kii^. . Tbe overt-act that is laid to prove that
conspiracy and imagination by, is the assem-
bhai^ in council to raise aims against the king,
and raise a rebellion here. We have proved
that to you by three witnesses. I shall endea-
vour as clearly as Pcan, to state the substance
of the evidence to you, of every one of them, as
they have ddireredit.
The first witness, colonel Rumsey, comes,
and hetells you of a message he was sent of
to Mr. Shei>|ianl's house to my lord Rnssell,
with seyeral other persons, who he was told
would fate there assembled together : And the
message was to^ know what readiness they
werem, what resolutions they were come to
ooneeming the rising at Taunton >* By this
you do pereeiTe, that this conspiracy had made
some progress, and wa» ripe to be put in ac-
tion. My lord Shaftesbury, that had been a great
CMitriyer in it, he had pursued it so iiur as to be
ready to -rise. This occasioned the message
from my loid ShoHesburv to my lord Russdl,
and those noble persons that were met at Mr.
Sh^ppazd's house, to know what the resolution
wasconoemingthebanness of Taunton, which
you have beard explained by an undertaking
of Mr. Trenchard^s : That the answer was,
they were d^ppointed there, and they could
not then be ready, and that my lord Shaftesbury
■ > I . Ill I 1 1 1 11 I I'll " ■ "
* Aocordins^ to Dahrymple, ** There are now
no great menleft in England.",
vou IX.
most be content. This messaoe was delivered
in presence of my lord Russdl ; the messen-
ger had notice my lord Russell was there ; the
answer was given as from them ail, that at;
present they could not be ready because of that
disapponitnaent.' Cokmel Rumsey went ^r«-
ther, and he swears there was a discourse con-
ceding the surprising of tbe guards ; and the
diike of Monmouth, my lord Grey, and sir
Thomas Armstrong went to see what posture»
they were in, wh^er it were feasible to sur-
prise them« and they found them very remiss ;:
and that account they brohgbt back, as is:
proved to ^ou by Mr. Sheppaid the other wit--
ness, that it was a thing veiy feasible. But t»
conclude with theisubstence of €olonel Rum«
sey's evidence, he sa3rs, my lord was privy to*
it, that he had discourse among the rest of it,
though my lord was not a man of so great dis-
course as the rest, and did talk of a rising. He
told you there was a rising determined to be
on tbe 19th of November last, which is the
substance of Colonel Rumsey's evidence.
Gentlemen^ the next witoess is Mr. Shep-
pard, and his evidence was this : He swear»
that about October last, Mr. Ferguson came
to him of a message from the duke of Mon-
mouth, to let him know that he and some other
persons of quality would be there that night ;
that accordingly they did meet, and my Ibid
Russell was were likewise ; that they md de-
sire to be private, and his servants were sent
away; and that he was the man that did at-
tend them. He swears there was a discourse
concerning tbe way and method to eeize the
guards ; be goes so far, as to give an account
of tbe return of the errand the duke of Mon-
mouth, my lord Grey, and sir Thomas Arm-
strong, went upon,' that it was feasible, if they
had strength to do it- Then he went a little
farther, and he told you there was a paper read
that in his evidence does not come, up to my
lord Russell ; for he did not say my lord Rus-
sel was by, and 1 would willingly repeat no-
thing but what concerns the pnsoner. This
therefore colonel Rumsey, and Mr. Sheppard,
agree in, that there was a debate among them
how to surprise the guards, and whethei* that
was feasible ; and Mr. Sheppard is positive as.
to the return made upon the view. .
The next witness was my lord Howard : H«
gives you an account or many things, and
many things that he tdls you are by hear-say.
But I cannot but observe to you, that all thw
hearsay is confirmed by these two positive wit-
nesses, and their oaths agree with 'him in it ;.
for my lord ShaAesbury told him of the disap-
pointment he had met with from thes^e noble
persons that would not join with him ; and
then he went from my lord Shaftesbury to the
duke of Monmouth, to expostulate with him
about it, (for my lord Shaftesbury then was
ready to be in action) and that the duke said he
always told him he would not engage at that
time : This thing is confirmed to you by these
two witnesses. Colonel Rumsey says, when,
he brought the message from niy lord Sbaf«
2S
si?] STATE TfllACS^ 35 Chaelsb II. l69S^HM^WUIimn L^ Itifiadt [6fl
Cesbdry, tbe answer mm^ey ware not ircaAjr,
my lord must be contented.
Nexthegoes onwilfaada80oiineomitierDiB||^
my lord s£kfietbinry, ^thatdkws not immedi*
Atel^reomeuptotbepnmieraitbe'bur, bat it
maDifesto there was a design at that time) be
had 10,000 brisk boys (as be called then^
ready to ^llow bim upon the hohliDg up his
finger« But it was thought not so pendent to
begin it, unless they could join all dieir forces ;
80VOU hear in this they were disappomted ;
anil partly by another accident too, my brd
Howard hacf an apprehenlion it might he dia-
covered ; that was upon the proclamation that
came out forbidding bonfires, to prevent the
ordinary tumults that used to be upon those
occasions. Then my lord Howard ffoes 00,
and comes particularly to my lord KusseD :
for upon this disappointment, you findi my
lordBnaftesbury thought fit to hie gone. But
aft^r.that, the design was not bid aside;
for you hear, they only told him all along,
they could not be ready at that time, but the de-
sign went on still to raise arms, and then they
took upon themselves to consult of the me-
thods of it ; and for the carrying it on, with
the grater /lecrecy, they chose a select coun-
cU OT six, which were the duke of Monmouth,
my lord of Essex, mv lord Howard, my lord,
Russell, Mr. Hambden, and colonel Sidney.
That*accordingly they met at Mr. Hambden's,
^there was their first meeting) and their consul-
tation there was, how the msurrection should
be made, whether first in London, or whether
first in tfie country, or whether both in Lon-
don and in the country at one time. They had
some debates among themselves, that it was
fittest first to be in Uie country ; forif Ifaekuig
should send his guards down to suppress them,
then the city, that was then as well disposed to
rise, would be without a* guard, and easily ef-
fect their designs here.
Tbeir next meeting was at my lord Russell's
own house, and there then: debates were still
about the same matter, how to get in Scotland
to their assistance ; and in order to that, they
did intrust col. Sidney, one of thdr council,
to send a messenger into Scotland for some
persons to come hither, my lord Melvile, sir
Hugh Cambell, and sur John Cockram. Ac-
cordingly col. Sidney sends Aaron Smith (bat
this is only what col. Sidney told my knrd af-
lerwatds, that he had done it ;) but you see
the fruit of it Accordingly they are come to
town and sir Hugh CamMl is taken by a mes-
senger upon his arrival ; and he had been but
four days in town, and he had changed his
lodging three times.
Now, gentlemen, this is the substance of the
evidence that bath been produced against my
lord Russell. My lord Russell hath made se-
yeral objectkms, that he was accidentally at
this meeting at Mr. Sheppard*s boose, and came
'•bout odiCT business; but I must observe to
yoo, that my lord Russdi owned, that he came
aloog with the duke of Monmoutn, and, I think
he said, he went iway wMi him too. You oh-
■erve what Mr. Sbeppaid^a evideiioe was : Ifr .
Ferguson came to teii him the duke of Men*
BMWth would oome; and accordingly the doka
of Monmouth did oome, and brought bis compa-
Dion along with him, which was my lord Ras*
sell and cenainly they thai met upon so secrit
an afiUirf would never have btouffht one that
had not been concerned. Genmmen, thara
are other dejections my lord hath made, and
those are in noint of law ; hot before I consto
them, I would observe what he says to the ss^
cond meeting. My tord does not deay, bat
that he did meet both at Mr. Hambden's housa,
and my fcird's own ; I think my lord said tbsy
did meet only to discourse of news ; and ny
lord Howard being a man of excellent dis*
course, they met for his cooyersation. Gsa*
demen, you can't believa ^at this designed
meeting was for jisthing ; in this close secret
meetmg, that they hadno oontrvranee amoog
them. You have heard the witneas, heswcara
positively what the conversataon was, aid jwx
see the fruit of it, sir Hugh Cambdl's condog
to town^ and absconding, when it is discovered.
Now my lord Russdl insista upon it, that sd-
mittiog these fiicto be proved upon him, they
amount to no more than to a oonspiiw^ toloiy
war, and .that that is not trvason within the
Statute of 95 £. 3, and if it he only wHUb
the statute of the 13 of this king, then it ii
oat of time, that direoto the proaecotion to bi
within six months: The Uw is phiinly otherwhe.
The Statute of the Idth of this kinff I will
not now insist upon, tkough I bc^eveil that be
strictly looked into, the ciausj) that says tbe
prosecution shall be within six months, doss not
refor to treason, hot only to the other ofenees
that ve hi|[hly pmiishaM^ by that Slatele.
For thepronso runs thus :
' IS Cfar. 9. Pkrovided ahvaya, tfaatDOMnoD
be proseonled for any of the oflbnoes n this
act DMntioned, other dian such is srs nsde
and declared to be high treason, unlesi it be
by order of the kii^ miyesty, his bears or
successors, under hn or their mtm mannii,
or by order of the council table 6f hia mdeily,
his heirs or successors, dmected unto tbs at-
torney general for the tinte being, or some
other council learned' to his m^^esty, his
heirs or successors, for thetimebemg: Nor
shall any person or pensna, by virttoe of iMa
present act, uicur any tha penalties berriB
oeforb mentioned, uniess he or they be pro-
secQted withm six months next afiierthed^
fence oommittad and indicted thereof widda
three months aAor such prooocation; any
thing herein contained to tire eootnfy Mt-
withstanding.'
lliis word (nor) is a continuation of the
former sentence, and the exceptkm of bigb
treason will go through all, and exeept tw
out of the temponry limitation of troasoa:
butthis is high treason irithm ^1^-^-^
conspire to -levy war, is an overt-aottotes^
thedesiffn ofthedeathofthe krag. Asdflw
error of my lord GokBlsidfa psssttly lod vf
lord into thia. oistahe. Dot Ihis, gaAMH
GS9) STATB TRIALS, ^5 Ch aeli* lU t6a$«-/ir Higk TTnam.
hath been determined ; it was reacdf ad by «U \
the judges ia the case of my lord Cobham,
1 Jac A conspinuey to levy war against the
king's person, (as this' was a conspiracy to
seise tfaegiMids) what does that tend to but to
seize the kiny? ^nd that always hath been
taken to be high treason. But there are some
things called levying of wai* m law, that
are not so directly against the king, as if a
Dmnber of men go abmit to levy men to over-
throw all inclosureBy this by the generality of
the intent, and because of the conseouences,
is accounted levying war against the kmg. A
conspiracy therefore to levy such a war, which
by oonstructiott- only is against the king, per-
baps that may hot be suoi an overt-act, as to.
teniy the imagination of the death of the
king; but o(her oonspirades to raise war
i^;aunst the kin^ have always so been taken.
It is the resolution of all the judges in my lord
Dyer's reports, the case of Br. Story : A oon-^
spuracy to invite a forei^ prince to make an
nvasion, though no inrasion follow, is an overt-
act to prove the conspiring the death of the
king; and as it has been so taken, so it hath
been practised but of late days. Jo the
King's-bench I take it the indiotment against
Plonket that was hanged, he wasjndicMted for
conspiring against tbeufe of the king, at^d his
char^ went no ftrther than for raising of arms,
and mviting the French king in, and he sof-
feied. This is acknowledged by my lord Coke ;
for he himself said in the paragraph before
that out of which this advice to my lord Russel
is extracted, that a conspiracy to invite a lb-
reign prince iko invade the kingdom, is a con-
spiracy against the life of theltnng. And in
the next paragnq»h, he says an overt-act of
one treason cannot be an overt-act of another
treaeon. But constant practice is against him
in that ; lor what is more common 3ian to in-
dict a ana Ibr imagining the death of the king,
and to asagn the overt^act ia a conspiracy to
laise arms against the king ? And sometimes
they go oii rad say. Did levy war against the
Idag* Now by my lord Coke's rale levying
vaE| iialew the indictment be particular Ibr
that, is not an overt-act Ibr the com|ias8ing tiie
death of the king; but the contrary hath been
resolved by all the judges, in the case of sir
Henry Vane, and it IS tae ooustant practice to'
ky it 80 in indictments. It would be a strange
eonstnictiony if this should not be high treason.
Ik is agreed by every body, to take the king
nrisoaer, to seize the king, that is a compass-
Bgof the deiUh of the%ng; and to sit in
eoiuMal to conspire to effect that, that is an
overt^act of the imagination of the death of
the long:, now no nan can diatinguiBh this
case firmn Uiat : and this consoltaliQO amounted
la an this, far j^ly thither it tended. The
consahotion was to seize upon the king's
ginrds ; that could have, no other stop bu4 to
seize upon the king's person, and brmg him
into Iheir power. As to the kUKpg of the kiag«
I am apt to think that was beknr tne honour o£
thtpwiMriitlbohirft botthis wmpiiismr
9
[630
son: if they designed' only to bring the king
into their power, t&il he had consented to sudb
things as should be moved in parUament, it ia.
equally treason as if they had agrrad directly
to assassinate him. Therefore 1 think there u
nothing for you to consider, but. ip see that the
fact be fully jn-oved ; and I see nothing that
bath been said by my lord Russell, Uiat doeaT
invalidate our evidence. He hath produced
several witnesses, persoiis of honour ; my lord
Anglesey he tells you of a discourse my lord
Howard had with m\ lord of Bedford ; that h?
toU my lord of Bedlord that he needed not to
fear, for he had a wise and understandipg son,
and could not think he should be guilty of any
such th^ng as was laid to his charge. This la
brought to invalidate my lord Howard's tes-
timony. Gentlemen, do but observe, my lord
Howard was as deep in as, any of them, and
was not then discovered : is it likely, that my
lord Howard, that lay hid, should discover to
my lord of Bedford, that there was a conspi-
racy to raise arms, and. that he was in it?
This would have been an aspersion upon my
lord of Bedford, that any such thing should
have been said.
Mr. Edward Howard is the next, and be
proveb. That my k>rd Howard used solemn
protestations, that he knew nothing of this
conspiracy. I did observe Uiat worthy gently
man in the beginning of his discourse (for it was
pretty Tong) said first, that he had been seveand
times tempting my lord Howard to come over
and be serviceable to the king ; and if be knew
any thing, that he would come and confess it
Why gentlemen,^ Mr. Howard, that bad eome
to mm upon these errands formerly, and had
thought he had gained hiiu, I conceive you do
not wonder if my lord Howard did i«ot reveal
himself to him, who presently would bavejdui*
covered it, for for that errand he came. But if
my lord had had a design to have come in and
saved his life, he would have made his submisr
sion voluntiirily, and made liis discovery : but
my lord tells nothing till he is pinched in his
conscience, and confounded with the guilt,
(being then in custody) and ^en hetelb.tb^
whole truth, that which you have heard this
day.
Gentlemen, this bath been all that hath bean
objected against the witnesses, except what is
said by Dr. Burnet ; and, he says, that mjr
k>rd Howard decUu'cd to him, that he believ^
there was no Plot, and laughed at it. Why,
gentlemen, the Doctor woiSd take it ilt to be
3iought a persoii fit to be mtrusted with the
discovery of this \ therefore what he said to
him s^fies nothing, for it. is no more than
this, that he did not discover it to the Dpctor.
But the last objection (which I see there has
been a great many persons of honour and
quality c^led to) is, tnat it is not likely my
lord Russell should be guilty of any thmg of
tlus kind^ being a man of that honour, virtue,
and so httl^ blameable in bis whole conver-
sation. I do confess, gentlemen, tlus is a thing
thi^iwtbvfighl iAi(« Butcoofiid^i gn the
631] STATE TRIALS, 35 Charlbs II. iS^S.'-TrialofWaiUim Lord RutteU, [659
' ot^r band, my lonf Russell is but a man^ and
hath hffi human frailties about him. Men fall
by several temptations ; some out of revenge,
_ ^some by mali^, fall into such offences as these
are : My lord Russell is not of that temper, '
and therefore may-be these are not the ingre-
dients here. But, gentlemen, there is another
great and dangerous temptation that attends
people in his circumstances, whether it be
Eride >9r ambition, or' the cruel snare of popu-
trity, being cried up as a patron of Noerty.
This hath been a oangerous temptation to
many, and many persons of virtue have fallen
into It, and it is the only way to tempt persons
of virtue, and the devil knew it ; for -he that
tempted the pattern of virtue, shewed him all
the kingdoms of the world, and said, * All
* these will I give thee, if thou wilt fall down,
* and worship me.' Though he be a person
of riitue, yet it does not milow, but his viitue
majT have some weak part in htm ; and I am
afraid, these temptations hare prevailed upon
Bo^'lord : for I cannot jfive myself any colour
ef'^objection, to disbelieve alithese witnesses
who give in their testimony. I see no con-
tradiction, no correspondence, no contrivance
at aH between them. You have plain oaths
before you, and I hope you will consider the
weight of them, and the great consequence
that did attend this case, the overthrow of the
best government in the world, and the best and
nooat unspotted religion, which must needs
hare suffered ; the greatest liberty, and the
{freatest secui^ty for property, that ever was
an any nation, bounded every way by the rules
of law, and those kept sacred; I hope you
wiN consider the weigbt of diis evidence, and
consider the consequences such a conspiracy,
if it had ti^en effect, might have had. ' And
«o^I leave it to your conindecatibn upon the
evidence yon have heard.
Seij. Jefftriei. My lord, and you ffentlemen
of the jury, this cau^e hath detained your
lordsbiji a long time, by reason of so many
witnesses being called, and the length of the
^lefence made by the prisoner at the bar ; and
if it liad not been for the length, I would not
, liave imured your patience by saying any
^iQg>^ Mr. Solicitor having taken so much
fains in it It is a duty incumbent upon me,
under the circumstances I now stano, to see
af any thing hath been omitted, that hath not
been oAserved to you ; and I shall detain you
with very few words.
Gentlemen, you must give me leave to tell
50U, it is a case of great consequence, of great
consequence to that noble person, tluit now is
at the bar, as well as to . the king ; for it is
<iot desired by the king, nor by bis counsel, to
have von influenced in this matter by any
thing but by the truth, and what evidence yon
liave received. You are not to be moved by
compassion or pity ; the <tath you have taken
is to go according to your evidence ; and you
ar» not to be moved by any insinuations that
ATO offered by us for tlie king, nor by any insi-
^MiatioDs hy the prisoner at the bar; but the
truth, according to thrtesfimiNiy given, must
be your gfuide.^ How far 'the law will affect
this question, that we are not to apply to you ;
for that we are to apply ctarselves to tne Cowt:,
(they are the judges 'in point of law) who will
take so much care in their direction to yon,
that you may be very weH satiified you wiU
not easily be led into error. For the instances
that have been put, I could put several others ;
but I vrill take notice only of one thing, that
that noble person at the bar seems to object.
Gentlemen, it is not necessary there should '
be two witnesses to the self- same fact at the
self- same time ; but if there be two witnesses
tendinff to the ^If-same fact, though it was at
severaltimes, and upon several occasions, they
will be in point of law two witnesses, which
are necessary to convict a man for high treason.
Gentlemen, I make no doubt this thing is
known to you all, not only by the judgment of
all the judges in England, but the judgment
of the lords in parliament, when 1 doubt not
the prisoner at the bar did attend in the case of
my lord Stafford, wherein one witness gave an
account of a conspiracy in Euffland, Tuiber-
vile of another in Fiance ; ana by the opi-
nion of all my lords the judges approved in par-
iament, that was enough, and he was con*
victed.
The question is, Whether we have suffi-
ciently proved this matter ? Gentlemen, I
must tell you, we rake no gaok, nor bring any
profligate persons, persons that wanted faith
or cr^it before this time. I must tell you,
that notwithstanding the fair notice that hath
been given to the prisoner'at the bar, (that you
see he hath taken an advantage of it, he hatb
given an account of a private conversatioBy
which my lord Howard had before that noble
person (hat was witness, since he was taken)
ne has not ffiven you in any proof hitherto ;
nay, I say, he has not pretended any thine in
the world: wheivfbre you, ffentlemen, that
are upon your oaths, should take it upon your
consciences, that two men, against whom there
is no oljection, should come to damn their
own souls to take away the life of this gco-
tleman, when there is no quarrel, no tempta-
tion, wherefore these gentlemen should come
in the fisuBe of a court of justice, in tha face of
such an auditory, without respect to that infi-
nite Being, to whom they appeal for confima-
tion of the truth of their testimony : and if
they had the faith of men or Chiistaans, th^
must necessarily conclude, that if they did
swear to take away a man's life that was rono-
cent, God would sink them down presently
into hell. ' ^
Gentlemen, in the next place, I must ae-
ouaint you, that the first witness, colonel
Rumsey, it is apparent, that he was takai
noiiee of by the prisoner as a man fit to be
trusted *, he was engaged by my lord 8haAea-
bury : but, savs he, would any man believe,
that that man that had received so many marks
of the kmg's favour, both in advantage to hk
estiUe, his honour, aod person, could be
635]
STATE TRIALS, 35 Chables IT. iGSS^ar High Treason.
[654
coiitimii^ sack ui helUsh design as this ?
Geotlenien^ if y,oa ^1 argn^ from such un-
certain cenjectures, theo at) criminals will
come off. Who should think that my lord of
Enex, who had been adranoed so much in his
estate and honour, should be guilty of such
desperate things ! which bad he not been con •
seious of, he would scarcely have brought
himself to that untimely^ end, to avoid the
oMthods of public ju jtio^.' Colonel Rumsey
tells you, my lord 8hallesbury was concerned
in this conspiracy. I am sorry to find, that
there have been so many of the nobility of this
hmd, that have liyed so happily under the be-
nign iatluence of a gracious prince, should
make so iH returns. Gentlemen, I must ap-
peal to you, whether in your observation you
foond colonel Rumsey to be over-hasty, and
anover-zealons witness? He did not come as
if he came in spite to the prisoner at the bar ;
you found how we were forced to pump out
every thing; bot a^ler he had been pres^
over and over again, then he came to it : so
that I Observe to you, that he was an unwill-
ing witness.
Gentlemen, give me leave to observe to you,
the prisoner at the bar, before such time as
Mr^ 8hephard came up an^ gave evidence
against hub, says he, I came only by accident,
only to taste a parcel of wine. Mr. Shephard,
when he oomes op, he tells you, there was no
SDch design. Fergruson, that was the person
be kept company with; the revei-end dean,
and the rest of the dergr of the Church of
England, they were not fit to be trusted with
it ; but this independent parson, Ferguson, he
gives notice of me coming ofdiese persons;
and in pursuance of this notice, they all come,
they come late in the evening, not in the pos-
ture and quality they used to go ; for you find
they had not so much as a coach. Is it prtf-
baUe they came to taste wine ? Wherefore did
tiiey go up into a room ? Where&re did they
order Mr. Sheppard, that none of the bo3rs
should come up, but that the master must fetch
tfie sugar and wine himself? Wherefore you
may perceive the action they were upon ;
there were only to be stich persons as haul an
aflection for such a cause. You find, pursuant
to what colonel Rumsey says, that there was a
direction to take a view of the guards, that sir
Thomas Armstrong comes Imdc, and makes
this report : says he, I have taken notice, they
are ip such an idle careless posture, that it is
not impossible to surprise them. This Mr.
Sheppard he does not come, nor does he
appear to yon to come here ont of any vindic-
tive humour, to do the prisoner at the bar
any hurt.
In the next place; we have my lord Howard ;
becomes and positively tells you, afier he had
given an account, (for you observe there were
two parts to be acted in this horrid tragedy ;
there was first the scoundrel sort of people
were to bo'eoncerned to take away the life of
ibe king «nd the duke, the great persons were
io head the parQr m the lisiiig) they put them-
sel^des in proper postures, each 5f tiiem con-
senting to something -of the surprize, inas<
much as you observe, that sir Thomas Arm-
strong, and some other persons, might not be
tmst^. They come ^nd resolve themselves
out of a general council, and they meet in a
particular council of six, looking upon them-
selves as the heads of the parhr : and I must
tell you, many of them, (we live not in an age
of such obscurity, but we know diem) how
fond haye they been of the applause of the -
people ! As that person encouraged himself
yesterday, they were LiberatoresFatria, that
could murder the kin&r and the dulce.
My lord, I must take notice, that this noMe
lord IS known to have an intimacy widi him ;
you observe with how much tenderness he is
pleased to deliver himself, how carefully be
reports the debates of the particular consults of
the persons to be intrusted m the management ;
he tells you, that noble lord, the prisoner at the
bar, was pitched upon, and Algernon Sidney,
a man fiimous about the town ; for what ? To
call in parties from some of his majesty's other
dominions, peitons we know ripe enough for
rebellion, to assist. Parsiiantto this, you find
persons sent of a message for some to come
over, whereof some are in hold : so that for all
dark and obscure sort of matters, nothing can
be brought better to light, than this of taking
an matters together, with the concurring cir-
cumstances of time and place.
Gentlemen, 1 must confess this noUe lord
hath given an account by several honourable
persons of his conversation, which is a very
easy matter. Do you think) if any man had a
design to raise a rebellion against the crown,
that ne would talk of it to the reverend divines,
and the noble lords, that are known to be of in-
tegrity to the crown f Do you think the gen-
tleman at the bar would have so little concern
for his own life, t6 make this discourse his or-
dinary conversation? No, it must be a particular
consult of six, th&t must be entrusted with this.
I tell you, it is not the divines^ of the church of
England, but an independent divine, that is to
be couoemed in this ; they must be persons of
their own complexion and humour : For men
will apply themselves to proper ins^uments.
Gentlemen, I would not labour in this case ;
for fiir he it from any man to endeayour to take
away the life of the innocent ! fuid whereas that
noble lord says, he hath a virtuous good lady,
he hath many children, he hath virtue and ho-
nour he puts into the scale ; Gentlemen, I
must tell you, on the other side, you have con-
sciences, religion ; you have a prince, and a
merciful one too ; consider the life of your
prince, the hfe of his posterity, the conse-
quences that would have attended, if this vil-
jainy had taken effect. What vronid have be-
come of your lives and religion? What would
have become of that religion we have been so
fond of preserving ? Gentlemen, I must put
these things home upon your consciences. I
know you will remember the horrid murder
of the most pious priace the nuurtyr, kii^
^ I
t3S] STATE TRIALS, 35 Cuaeles II. l6ss<T^7iial of WiUim L&rd RusieU: [636
Charles Uie first How hr the pnictices^.of
those persons have influenced the several pu-
nishments since, is too great a secret for me to
examine. But now I say, you have the life of
a merciful king, yon have a. religion, that every
honest man oi^t to stand .by, and I am sure
every loyal man will venture his life ^nd ibr-
■ tune for. You have your wives and children.
Let not the greatness of any man corrupt you ;
but disdyirge your consciences both to God and
the King, and toyou^ posterity.
L. C J. Gentlemen of the jury, the prisoner
at the bar stands indicted before you at High-
treason, in compassing and designing the d^th
of the Idi^, and declaring of it by overt-acts,
endeavoonng toiiiise insurrections, and popular
commotions, in the kingdom here. To this he
hath pleaded, Not Giultv. You have heard
the evidence, that hath been against him ; it
hath been at large repeated by the kind's coun-
sel, which will take off a great deu of my
trouble in repeating it to you again. I know
' ypu cannot but talus notice of it, and remember
it, it having been stated twice by two of tb«
king*s. counsel to 3'ou ; 'tis long, and you see
what the parties here have proved. There is
first of all colonel Iturosey, he does attest a
meeting at Mr. Sheppard's nouse, and you hear
to what purpose he says it was ; the.messi^
that he brought, and the return he had ; it was
to enquire concerning a rising at Taunton;
and thSu he had in return to my lord ShaiWs-
bury was, that Mr. Trencbard had failed them,
and my lord must be contented ; for it could not
be that time. You hear, that he dees say, that
they did design a rising ; he saith there was a
rising designed in« November, I think he sattk
the seventeenth, noon the day of queen Eliza-
beth's birth. You near he does say, there was
at that meeting some discourse concerning in-
specting the kmg's guards, and seeing how they
kept themselves, and vrbether they might be
surprised ; and this, he says, was all in order
to a rising. Hesavs, that at this my lord Ros^
sell was present. Mr* Sheppard does say, that
my lord Kusseli was thece ; that he came into
this meetiBg with the duke of MoiUMiutb, and
he did go away with the duke of Monmoirth he
believes. He says, there was some diwonrse
of a risinff or insurrectioii, that was to be pre-
cnced wi&n the kingdom ; but he does not tell
you the particukrs of any ^ng, he himself
does not My lord Howard afterwards does
come and tell you of a great discourse he had
with my lord niafteshury, in order to a rising in
the dty of Loudon ; and my brd tjhaftesbnry
did value bimsdf mightily upon 10,000 men hie
hoped to raise ; ,and a paat deal of diacourae
he had with my lord Shaftesbury. This he
does, by way of induoonent, to what be says
ooncenung my lord RusmU. The evidence
i^giinst him is some consults, that tiieie were '
by six of them, who took upon themi as he
says, to be a council &r the uianagwmant of the
insurrectioa, that was to be pvoauned in this
kingdom. Ue instancw ib tvro^ that wara lor
this purpose, the one of them at Mr. Famb-
den's house, the other a^ my lord Russell's
house. And he tells you at these meetfngs,
there was some discourse of providhig treasure,
and of providing arms ; but they came to no
result in these things. He tells vou, that there
was a deaiffn to send for some of the kixigdom
of Scotland, that might join with them in this
tiling. And this is, upon the matter, the sub-
stance of the evidence, that hath been at large
declared to you by the king's counsel, and what
you have Jieard. Now goitlemen, I must tell
you, some things it lies upon us to direct you in.
My lord excepts to these witnesses, because
they are concerned, by their own shewing, in
this design : If there were any, I did direct
(some of you m^ht hear me) yesterday, that
that was no sufficient exception against a man's
hang an evidence in the case of treason, that
he himself was concerned in it ; they are the
most proper persons lo be evidence, none being
able to detect such counsels but them. You
have heard my lord Russell's witnesses, that be
hath brought concerning them, and ooncerbing
his own integrity and course of life, how it has
been sober sAd civil, widi a great renect to re-
ligion, as these genUemen do all testify. Now
the question before you will be. Whether upon
this whole matter you do believe my lord Rusr
sell had any design upon the king's life, to de-
stroy the king, or takeaway his life ; for that is
the material part here. It is tised and given
you (by the kind's counsel) as an evidencs of
this, that he dia consj^ to raise an unsurreo-
ti<^, and to cause a naiiig of the people, lo
make as it were a rebellion within tke natioD,
aUd to surprise the king's guards, which, say
they, can have no other end, but to seize aail
destroy the king ; and 'tis a gpneat evidenee (if
my lord Russell did design to seise the Idog's
ffuards, and make an insurrecstion in the king-
dom) of a design to surprise tbe kind's perscHk
It must be left to you Upon the whole mattsr :
you have not evidence in this csaae as there wss
m the other matter, that was tried ib themom-
lag, or yesterday, against the conspirators to
kill the kinpr at ttie Rye. There was a direct
evidence of a consult to kill the king, that is aot
given you in this case: This is an act of con*
triving rebellion, and an insurrection whhla
the kingdom, and to seize his guards, which is
uiyed an evidence, and surely is in itself ai|
evidence, to seize and destroy tne king.
Upon this whole matter, this is ]m to TOff*
If you believe the prisoner at the bar to nave
conspired the dea& of the king, and in order to
that, to have had these consults, that these
witnesses speak of, then you must find hinr
Guihy of this treason that is laid to his charge^
Then the Couit adjourned till four o'dockf
ui the afternoon, when the Jury brought the
said lord Ruasdl hi Guihy of the said High*
See the Acoomnr of kNrd Russbll's SarnaticM
and £xicunoM,ate Blagun'a TMt 6cc p. W*
657] STATE TRIALS^ 35 CHAtLBS U. vBM.^Trial sf Mm tttmu. [53S
298. The Trial of John Rouse,* at the Old Bailey, for High Treason :
35 Charles II. A. D. 1683.
hb whole kiiwdoin of England to cause and
proeare, and insarrection and rdwllioo,
a^inst onr said lord the king to move, and
stir up within this kingdom of England ; and
to fuml and perfect the said most horrihle
treasons, and traiterons conspiracies, imac^-
nations and purposes aforesaid, the said John
Kouse, and William Blague, then and there,
and diters other days imd times, as well be-
fore as after, as fiuse traitors, maliciously,
traiterously and adrisedlj, they did assemble
meet together, and consult between them«
selves, an|i with the said other traitors, to the
jiuvrs aforesaid unknown, and with them did .
treat of the taking and seizing the Tower
of liondon, and of and tor the executing and
perfecting their treasons, and traiterons com-
passingB, imaginations and purposes aforesaid :
andthatth^SiesaidJohn House, and William
Vagoe, as false traitors, maliciously traiterous-
ly and advisedly, then and there, and divers
otlierdaysandtiiiies,aswefl befoceasafter,they
and cither of them did undertake, and to the
said ether traitors did promise fbr themsebes
to he aiding and assistmg in the executioii of
the treasons and traiterons compassmgs, ima-
ginations and pnnioses aforesaid; and in
providing arms and armed men to fulfil and
perfect the said treasons, and traiterons com-
passings, imaginations and purposes aforesaid.
And the said most wicked treasons and trai-
terons compassings, imaginatioiis and pur-
poses afhresaid, to fulfil and bring to pass,
they the said John Ronse, and Wiffiam
Bume, as fklse traitors, maliciously, traite-
rousiy and advisedly, then and there did pro*
cure and prepare arms, to wit, blunderbusses^
carbme^ and pistols, ag^unst the duty of their
allmance, against the peace of onr sorereign
lord the kine, his crown and dignity, and'
against the mrra of the statutes in diatcase
made and provided, &c.'
CLofCr. What sayest thou, John Rouse f
Art thouguilty of this High Treason, whereof
thou standestmdicted, or Not Guilty ?
Bjouse, Not Guilty. '* '
CI. qfCr. Culprit, How wilt thou be tried >
Route, By God and my country.
CI. of Cr, God send thee a good ddiverarice.
What sayest thou, William Blague ? Art thou
Guilty of this High Treason, wh^l«of thou
standest mdicted, or Not Guil^ ?
CtLpL Blague, NotGutkyr
CL ofCr. CulpHt, How wik thon be tried f
Blague. By God and my country.
CI, qfCr. God send thee a good, deliver-
John ROUI^E, and Winiam Blague, being
■et to the bar, and having held up their hands,
the Indictment was read as follows :
< London. The jurors for our sovereign
lord the king, upon their baths, present, That
John Rouse, late of London, gent, and >^ il-*
iiam Bhigue, late of liondon, gent, as false
traitors, against the most illustrious and ex-
cellent prince, our sovereign lord Charles S,
by the grace of God, of England, Scotland
France and Irekuul king, their natural lotd ;
not havinj^ the fear of God in their hearts,
nor weighing the duty of their alliance,
but bong moved and seduced by the instiga-
tk)n of the devil ; and the true dnt}r, and na-
tural obedience, which true and faithful sub-
jects of our sovereign lord the king, towards
aim our said lord the king, do • bear, and
of right ought to bear, wholly with drawing ;
and wj^ tlieir whole strength intendins^ tne
peace ai|d common tranquiUity of this xbg-
dom of Encrland to disturb, and war and
rebdlion against onr said lordthe king to move
and stir up, and the government of our said
lord the khig within this kingdom of England
to subvert, uid our said lord the king frooi his
tide, honour and kingly name m the im-
perial crown of this bis kingdom of England
to put down and deprive, and our said lord
the king to deadi and final destruction to bring
and put, the Xd day of March, in the year
of tne r6ign of our sovereign lord Charles 2,
kin? of England, &c. the five-and*thirtieth,
and divers other days and times, as wdl be-
fore as after, at the parish of St. Michael
Basaishaw, in* the ward of Bassnshaw, Lon-
don, maliciottsly and traiterously, with divers
other traitors, to the jurors aforesaid unknown,
did conspire, compaiss, imagine and intend
our said lord the king Uieir supreme lord, not
only of his king!]^ state, title, power and go-
▼ernment of this his Kingdom of England to de-
prive and throw down ; but also our said lord
the king to kill, and to death to bring and put ;
and the ancient government of this his lang-
dom of England to change, alter, and wholly
fo snbrert, and a miserable slaughieramongst
the subjects of our said lord the king through
* See the Note at the beginning of Waloot's
case, page 519 of this volume. Notik says of
this Rouse, " He was a thorough paced traitor
aiidkKdced upon to be paymaster of the mob ;
a Wappinger and good at mustering seamen,
nnd'in order to have good magazines of arms,
and ammunition, he was in the front of a dnign
to surprise the Tower and Whitehall. This
hung uppn the . R ve Conspiracy, but was not
■D directly a part or it as to roll widiin Reeling's
notice, and was discovered bdbrehe appearea."
Esameny 585;
ance.
Friday, July IS, in the afternoon, the Court
being met,4ina Proeiaitiation made.
CLqfCr. Set^J[iobn Rodse, and William
Blague,^ the bar. ""Ton the prisoners at the
63$] STATE TRIALS, 35 CHARLfiS II. l6S3^TriaI of John Ronse, [640
bar, tbese g^d men, that yoa hear called, are to
pass between our sovereign lord the king upon
trial of your several lives and deaths ; if you
will challenge them, or any of them, your time
is, as they come to thebooK to be sworn, before
the^ are sworn. Nicolas Charlton.
Blague. I hope I shall only speak for my-
. self.
i. C. X (Sir Francis Pemberton.) Yes, you
shall be heard.
Rouse. My lord, I have had no fiberty so
much as sending for my wife. Monday morn-
ing they gave me notice of trvLl ; but I have
had no advantage of that notice : I presumed
it is meant we should have the liberty of sub-
jects : but though notice was then given, yet I
had not ttie Uberty of sending for any body till
Wednesday : H was eight or nine of the dock'
on Wednesday night, that one came and told
me, I should nave no liberty of counsel, unless
I had it from the court ; and yssterdav morn-
ing I found, that captain jBlague apd I were
joined in one indictment, which alters the case,
with submission to the court. What time I
have had for trial has been to short, I have not
been able to get my witnesses ready. 1 desire
nothing but as an Englishman.
X. C. J. As. an £nghshm&u ! You can de-
mand no time to prepare for trial ; for those
that will commit crimes, they must be ready to
^answer for them, and defend themselves. It
is matter of fact you are charged with ; you
knewlongago wliatyou were to be tried for ; for
you were taken up, and charged with high trea-
son. You might then I'easooably consider what
kind of evidence would be again&t you : if you be
fin innocent person, you may defend yourself
without question : but if you have done an ill
thing, the law does not design to give you time
to shelter yourself under any subterfuge or make
any excuse, or to prepare any witnesses to
testify an untrue thing tor you.
Rouse, My lord, 1 only be^ a little time, I
do not design to make any qvasion. That I am
innocent, I thank God I am.
L, C. J. We cannot give you any fkrther'
time, unless the king pleases ; we are bound
to try those he brings before us.
Serj. Jefferies. Because captain Blague docs
not desire to be joined to tne other ; we that
are for the king are. contented, that Rouse be
tried first.
Then captain Blague was taken away, and
after several persons challenged by Rouse, the
Jury that were sworn, were, Rol)ert Bedding-
iiddf, John Felling, WilUam Windburv, Theo-
philus Man, John Short, sen. Thomas "Nicholas,
Richard Hoare, Thomas Barnes, Henry Rob-
bins, Henry K^empe, Edward Raddish, Edward
Kempe.
CL ofCr, John Rouse, Hold up thy hand.
Youof the iury, look upon the prisoner, and
hearicen to his cause ; be stands indicted, —
Prout antea to his indictment Mutatis miiton-
dis; upon this indictment, he hath been
arraigned, and thereunto pleaded Not Guilty ;
and for his trial, put himself upon bisooon-
try, which country you are ; your charge is to
inqnire, See.
Mr. Jones. May it please your lordship, and
you gentlemen ot the jury, the prisoner at the
the bar stands indicted for hi^b treason, in coa-
spiring the death of tlie kmg; and in order
thereunto, consulting how to seize the Tower ;
and in providing or arms, in order to destroy
the king, and subvert the government : If we
prove it upon him, you are to find him guilt}'.
Serj. Jcfferies. Tne prisoner at the bar was
(as you have been acquainted) in that horrid
conspiracy, whereof several of tlie conspirators
have been brought to trial, and received a
verdict surely according to evidence. Tlie
prisoner at the bar did b^r a proportion among
the rest. It does occur to your memories,
there were several undertakers, that undertook
several btatioQs ; some whereof were to under-
take the blackest part of this horrid villainy, by
tlie taking off the king and his royal hiffbne»«
his brother ; otliers (in order to the same design)
were to seize upon the king's guards, and so %i»
deprive hinv of all manner of defence whatso-
ever ; and to prevent all persons to make any
defence against them, as you heard, there was
another part to be acted ; therefore the town
was to be divided into several divisions; I
think there were twenty ; but the most
numerous and beneficial parts were tbongtit
to be about Wapping. A particular part of
the evidence was, That the Tower was to be
seized, and the king's arms there ; I know yoa
observed, that they took notice of a particular
place of the Tower, that was most capable of
access. This Rouse is a gentleman very well
known, 'tis not the first time he hath lieen at
this bar: .He was here at a time when the
common justice of the nation could not be ob-
tained in this place, insomuch that the judges
who came to execute justice,, had more reasoo
to fear being executed upon the bench, than
the prisoner at the bar. It may easily appear
how far Mr. Roose was concerned, (I dop^'t
love to aggravate matters, he has crimes
enough^ he was reckoned pay-master to this
ijd>ble, ne was to take care to manage those
persona that were to seize upon the Tower.
He is a mani of great skill in that subfect, a
doctrine wherein he was well tutored under a
lord you heard mentioned this morning ; but
he is in his grave, and so I shall say no more
of him. We shall give yon an account of a
design he had how to compass this business.
Black-heath was looked upon as a very con-
venient place, where there was to be a goUoi
ball; fi>r which the seamen were to puiy in
great numbers, and he tliat won the prize was
to have the golden ball ; but his eye was upon
the Tower afi this while. He thought to allure
these silly seamen by the advantage of the
honourable winning or this ball, and when they
were freighted with the success of this meet-
ins*, then it was proper to attack the Tower.
We shall prove the other prisoner, that
was at the bar, engaged with this prisoner
' 1
£41] STATE TRIALS, 35 CflAKLtfrlL l^BS.^/arJSghTrgai^^ {Sa
St the In^. We aball not. only prore thU,
Init ^that Mr. Rouse hath been always of an
inclinatioo against the government. We shall
call you witnesses, that he hath undertaken to
dispute by what, authority the king comes to
gDYern in England ; that he hath said, < he
' had forfeited his government ;' that he told
. an ordinary miscreant, one of his levellers,
* that he had as much right to the crown as he
• had.' Mv lord, if we prove this matter to
jrour lordship, and the gentlemen of the jury,
it wBI be high time for us to endeavour to pie*
serve the crown upon that royal head, upon
wiiich all loyal men desire it should flourish as
lonff as the son and moon endure.
fir. .Burton. Call Thomas Leigh. [Who
was swom.3
Mr. Jonet, Pray give us an account what
you know concerning Mjr, Rouse.
. Mr. Norik, Of any design against the king,
and providing arms.
Rouse. If you please, my lord, one word
before he speaks ; I hare an exception against
bim. I wonder with what confidence you can
look in my face at this tirae ?
Kin^t CounteL Nay, nay, speak to the
poart.
IUm$e, My lord, he is a persouy-that before
be was taken up, was swore by two pei'sons to
have'a hand in the plot ; one was Mr. Keeling,
Ibe other Mr. How, of Old-street ; and then
being taken up, and conscious to himself, that
be was guilty of such notorious crimes, and
knowing I was pretty well acquainted with
him, he was deaaly afraid I should come and
swear against him, and thereupon he took the
boldness to swear against me first.
Mr. North, My lord, he hath offered nothing
of ob|eption.
Rtmte, I suppose, with submission to the'
court, without be have his pardon, he is no
evidence in this case.
Serj. Jej^. Come, tell us all you know.,
Mr. Leigh. If it please you, my lord, 1 have
been concerned in this conspiracy, I know
sooMthing of it: but I believe Mr. Kouse knows
a great deal more. Mr. Rouse takes me to the
King's- head tavern in Swithin's alley, where
Aflef some time, Mr. Goodenough came, where
tfiere was aclui>of men that were in the con-
spiracy. I had seen Mr. Goodenough before ;
he acquainted me, that there was an apprehen-
■oa our rights and privileges were invaded,
and it was time to look to ourselves ; for po-
pery was designed, and arbitrary power ; and
therefore he desired to know. Whether I would
engage in &at affair to prevent it ? And withal
he Iwd me, the city of London and Middlesex
IVBS difided in twenty parts ; and he asked me
Ifi engage in one part. I told him, mv ac-
quaintance did not lie where I lived ; but I
would get a part where my acquaintance >vas.
Lacqoainted ur. Rouse aQd Mr. Goodenough
what men I had spoke to. . Mr. Qoodenough
told me, Uie design was. to set up the duke of
Honmouth, and kill the king and the duke of
York ; but that all parties must not know of it:
VOL. IX.
but that we must tell some people, here was
like to be a foreign invasion,, and ask them,
what readiness they were in ? And if we found
they were like to )>e compliant in that, then w^
night , discourse with them, about the other
oaatter. I discoursed with sevei-al men about
this affair : and he told me, the lord mayor and
aldennen were to be killed immediately, (esp^'>
cia:ly the present lord niayur^ sir John Moore)
and their bouses plundered, and there would be
riches enough, and that would lielp to maintaiu
the army ; and .we went on further in this dis^
course. Then I acquainted Mr. H#juse with
this business^ but he knew of it before;, and
he did tell me, he could provide arms for lut
100 men, and sai4l, nothing was to be done un*
less the king was seized ; saying, we remem*
ber since 41 the king went and set up his
standard ; therefore (says he) we will seize
them, that they' shall not set up their standard.
But (savs he) I am for seizing them, but not
for shedding their blood. Mr. Rouse went off
with that discourse ; says he, I must speak
with Mr.. Goodenough, and some of those that
are principally concerned. Mr. Rouse ac-*
quainted me, that it was a very convenient
thing to have a ball played upon Black- Heathy
and to that end we must speak- to some. sea-*
captains ; and (says he) I will engage ten, and
they shall manage that affair, and he that wins
the ball take it. But when tbey have so done
every captain shall take his paity, and tell
them, they have other work; and then go
with long-boats and arms, and seize th#
Tower. 1 acquainted Mr. Goodenough
with this, and Mr. Croodenoogh asked ms
the charge of the golden ball. Mr. Rouss
had told me, it would be ten or a dozen
Eounds. Mr. Goodenough said, if it was 40/.
e would be at the charge of it all. (Several
such discourses Mr. Rouse bath, in my bear*
ing, spoke to several men at the King's Heal
tavern. I understoood I was sworn against ; I
heard of it at the King's- Head tavern, in his
company and Mr. Goodenough's. Mr. Rous«
directed me to go to tlie Sun tavern near Moor*
gfate, and he would come to me; and there Mr4
House and Mr. Goodenough came to me ; and
Mr. Rouse told me, I should lie at his house;
Mr. Rouse cut off my hair, and went to Mr.
Bateman's and fetched me a perriwi^, Mr.
Rouse and 1 went several times to view the
Tower, and took Mate Lee along with us. "So
Mate Lee directed us to Traitor's Bridge, and
he said, that was an easy place, and he would
undertake to dp it witti 100 men, so they
had but hand-gTanadoes. We bad. some time
before that, appointed to meet at Wapping to
speak with the sea captains. Mr. Rouse met
the first day in order to this business at the Am*
sterdam coffee-house, and there Mr. Rouse mi t
with two sea captains (as he told me) that ^veie
to officiate in this business, and the two captains
betook to the Ant^l and Cmwn inTreadneedle
street. A small time afler, about an hour and
a half, or thereabouts, Mr. Rouse came, (I am
not positive, whether Mr. Goodenough was
2T
» \
iS4g] STATE TRIALS, 35 Charles II. i683.^7Wa/ of John Raiue, |}644
vras the first man that ever I beard pit^ose,
that tbe king and Che duke should be 9e(iured ;
and there is another thing come into my mind ;
Mr. Rouse hath heed a traveller, be did pre-
sume to say, and has said to me, and in com-
pany, ihat the king was sworn in France and
opam to bring in popery and arbiirary power in
so many ^ears, and tiieretbre it was no ^ to '
take him off; and he told roe, he had it'under
his own hand.
Rouse, It was impossible, my lord.
Serj. Jeff, I do believe it. I do not believt
he thought thee fit to be a secretary,
L, C. J. fjook you, if you woM hare any
thing asked him, propose it to me.
Rouse. What place was it I began to speak
of any thing of this design ?
Leigh, Tlie King!s-head.
Route. Who was with us ?
Leigh. Mr. Goodenough and several others.
Route. Was it discoursed of before them ?
Leigh. No, you never discoursed of it before
them P
Rouse. You discoursed of going an bay-
makingvin the country ; says you, I will trust
them one alone ; but says yoU, I am nnder an
oath of secrecy, not to communicate it but to
one at a time, but I make bold to acquaint yoo
with it: I give you an account what I beard
from his own mouth.
L. C. J. Look you, what you heard iroiii
him will signify nothing, unless you arp abl«
to make proof of it by other ^vitnesses: If yoa
will ask him any questions, you shalL Wm
will hear what you can say for yourself at last :
But you must not erade the Icing's evidence
with any. discourse at random .
Rouse, Did I ever put you upbn any tbiogf
of this nature ? Did you not tell me there was
a design to overturn the government, bn^ yo^
would not shed blood P
Ijeigh. I will answer : I cannot be positive,
whether I came to Mr. Rouse, or he to me.
I had been in Iiis company several times be*
fbre, and whether he discoursed it first to me,
or I to him, I qannot tell ; but when that point
was discoursed, he was very zealous to get ten
captains, sIkI tfiat the ball might be played,
and the Tower taken.
Rouse. Did ever Mr. Goodenough, and yot|
and I, meet upon such an account?
Leigh. Yes, at the King's-head tavern.
Rouse. I can take my oath, I never saw Mr»
Goodenough but twice m your company, and
I never knew you till May last
Seij. Jeff. You came to a very strict alliance
by that time it came to June.
there or no) and told me, he had spoke to both
the sea captains, and they were willing ; but
•ne was going to New- Jersey^ and therefore
Ifee work must be done before he went, or he
could not asststr Another time he appoint^
Mate Lee to m^ at the Anchor in napping.
I' did speak to Mr. Goodenough, but he did not
meet us, so that we could not go down that day:
but Mr. Rouse always undertook that business
to get ten sea captains, and get arms for 100
men. After I was sworn against, and went to
Mr. Rouse's house, the next day Mr. Nelthrop
and Mr. Qpodenough came to me to Mr. Rouse*s;
says Mr. Rouse, be not discouraged, let the bu-
siness go on. I was directed by Mr. Nelthrop
and Mr. Goodenough, whenever I was taken
.into custody, I should deny all, and it could
not touch my life. I thank him for his kind •
ness : I lay well, and eat well, at his house,
my k>rd : butliowever I will tell the truth. We
met afierwards several times, and went to cap-
tain Blague's and the rest of the company, but
nt different places. We had an account, that
Mr, Goodenough Vas in the north raising men,
and' that the duke of Monmouth was there-
abouts, and that a deliverance should be wrought
fyr all this.
X. C. /. About whattime was this?
Leigh. In last June. The design was so
laid, that I was told it was to be done in a fort-
night. They never agreed on a way or method
of killing the king : but they told me, they hdd
1,000 horse ready in the country ; and that there
was 500 horse, or thereabouts, ready in the
town ; and that the king should be killed cottaing
fipom Windsor. Now they were contrifing
how to send arms, that they might not be sus-
pected, to some private place ; they were to be
sent in trunks to some private house, and there
they were to arm themselves in the night; and
some brickmen were to go to Windsor to know
when the king came, and give, information ;
and 90 they wei:^ to set upon him in some conve-
nient place, and both were to be taken off, to-
S^ether, the kmg and the duke; and Mr. Rouse
aid,lake them off, and then no man can have
commission to fight for them.
Serj. Jeff. He is a politician every inch of
him.
Mr. Jones. What did he employ you to do ?
Leigh. I was employed by Mr. (.loodenough
to make all the friends I could in this enfragc-
ment. I went into Spitalfields, and engaged
some weavers and oUier people. They pro-
mised me a gratuity, but I never had any
thing.
Serj. Jeff. If Mr. Rouse has a miiid to ask
him any questions.
Rouse. I will, my lord.
L. C. J. Propose your questions to the
court.
Rouse. I'zsk him, by the oath he has tak:.>n,
whether ever I spake with him of any desl;;Ti
•gainst the king and government P I ask you,
wnefher you did not b^n with me P
L. C. /. You hear nis question ; answer it.
Leigh. For tiiat I answer^ That Mr. Rouse
Mate Lu sworn.
Serj. J^. Tell my lord and the jury what
you know, the whole truth and nothing bat the
truth.
Lee. The whole truth I will telL About sl
week before Midsummer, or thereabouts, I
met Mr. Rouse, I think it was in Pope%-heail
alley, going to look after captain Blague : 8ayn
Mr. Rotise I have ANnethmg to say lo joog
€45] STATE TRIALS^ 35 Charts II. mz.-^/ar High JVe§wn. {64$
hvt he did forbear speaking it then ; so I went
ta the Kin^'s-Lead tavern by the Exchange ;
we went into a little room. Says he, There is
^something I would have you do. ^hat is that?
says I. ^ !Says he, Cannot you get some sea-
^n^n fittuaff to make commanders of 8hi|>s P I
did not UBdcrstand Mr. Rouse's meaning in it ;
but I thought >lr. Rouse beiu^ in employment,
might put me in,- being destitute ot employ-
ment, as well as other men. 180 after we did
appoint to meet at Wapping, at the sign of the
Blue Anchor in Wapping dock. I^ys Mr.
Rouae, If I come not at ten of the clock, do
not look for me. Says he, Can you get no
men that are fit to make commander* of ships?
Says I, I have no acquaintance with aiiv ; Ido
Dot know but two or three : But, says J, I will
aee what I can do. -I Mailed for Mr. Rouse
and Mr. Lei^ next day (both were to come).
The next day I asked nirn, what he intended
by the commanders of the ships? Where
would he have those ships? He answered,
some of the king's men of war, that lay at
Deptford and Woolwich to make guard-ships.
Says I, What will you do^ if you have no
powder and shot? If you coiild take the Tower,
then yon might provide them with every thing
fitting. Says Mr. Rouse, We must secure the
Tower aad Whitehall both, or we can do no-
ihinff. Says I, Mr. Rouse, where is your oath
of ulegiance then, that is to the king ? Says
he. We wiU secure the VmSy that ne shall
come to no damage, and he shall remain king
•till. If Mr. Rouse hatl^ any thing to object
against what I say, I desire to hear it : I speak
liothing but the truth.
Ser). Jejf. ' J)'\d you meet with him at any
other time ?
Lee- This was the first time he put out any '
such thing to me, concerning any such couc
trivance.
Seg. Jeff, Did yon meet with him after-
wards?
Lee, Yes, we had some discoui*se, it was
to the sakne effect ; but it signifies nothing ;
and my memory being shallow, I do not exact-
ly remember it. I know I must give an ac-
count of this, before a greater court than this.
Mr. Burton. Mr. Corbin.
Seg. Jeff". I did acquaint you, my lord, that
there was occasion to make use of e\ idence
against the prisoner at the bar ; 1 gave you an
account how that evidence was not received.
Jfow I desire to give you proof, that the con-
tinual inclination of this inan^s heart was the
kiTliog of the king, and destruction of the go-
rernment.
^ Mr. ThomoM Corbin sworn.
Seij. Jeff, Pray, Sir, tell my lord, and the
fentlemenof thejury, what meedugs you had
eretofore with the prisoner about the year
dgfaty-one or thereabouts. See whether you
know him.
Corbin, What I have to say against Mr.
'Rouse, is only what I gave in evidence to the
.court beiinre.
Rouse, When was that?
Corbin, In 1681.
X. C. /. Pray, what do you know of him T
Don't tell us what you gave in evideoee ; but
you are on your oatb to speak truth, not what
you said then. '
Corbin, My lord, some few days before the
members for tne city of London went for Oi>
ford, I happened to appoint a gentleman (one
Mr. Wyat) to meet me at Sir. Lech's, ift
Comhill. Mr. Rouse came by, I knew him
very well ; he was concerned m the commis-
sion for disbanding the army as well as I. He
came in, and suuted not only me, but the
master oif the shop, with. How do you do f
He entered into discourse, and said he intend-
ed to go for Oxford, and that he had agreed
with Sie coffee-men about town, to furnish
them with news: says he, there are sereral
gentlemen resorting to your shop ; it would do
well, if 'you had it. Says Mr. Leech, What
shall I give you ? Says he, if you will go to
the tavern we will at^ree it over a glass of wine.
But Mr. Rouse told me he had a kindness t6
beg of me : and (says he) I would have you
engage some of your fiiends jko deliver them
speedily to such a person I shall appoint, de
die in diem ; for, says he, if they be aehvered
by .the ordinary letter-carrier, they won't turn
to account nor give satisfaction. By-and-by
Mr. Wyat came m (that I was to meet at the .
stationers): Mr. Wyat asked me. What I
thought of the sessions? Mr. Rouse made ,
answer, he did foresee it would be a very short
sessions. I^ys he, these frequent prorogations
and dissolutions of the parliament won't avail
him ; for whatever the king has, the parliament
gave him, and they may take it away when
they please. One bid him have a care what
he said ; and he replied the kins had^ forfeited
his crown, and had no more rignt to it than he
had./
L, C. /. Mr. Rovso, if you would ask him
any questions, pray direct yourself to us, and
we will ask them.
Rouse. I desire he may he asked, what was •
said befoi-e aud after ?
L, C. J. Can you tell him ? Do you know
there was any previous or subsequent discourse
to this, that might any way alter it?
llouse. It was the same question propounded
in eighty-one.
Just. Withins. Pray, did he say the king
hail forfeited his crown ?
Corbin. Yes, and when he was rebuked (pr
it, he reiterated it.
Seg. Jeff] We will trouble your k)rdship
but with one piece of evidence more ; only to
give you an account. Mr. Rouse is a man very
well Known in the city of London ; yet nhen
there were ouicers came to seize him, be had
torgot his name of Rouse, aad (lid not re-
meiuber it. 'Swear William Richardson, '
(which was done). Pray, teil my lord aud4be
jury, whetiier you were at the taking oi' this
Mr. Rou2«, and what name he went by ?
Richardson. I was upon the fourth of Jqly
^47] STATE TRIALS, 35 Ctt AHLEs 11. l6sJ.'—T\rial of John Rtmie, [6^
my Very ezpressiion : Bnt withal I demanded^
\Vhat he meant by inrasion ? And that I in-
sisted upon several times: For, says 1, 1 know
of none, and J hope there is none like to be. J
took' an aocoant of this in characters, and hare
acquainted his majesty and the coancit with it.
5 gentleman : I He replied to me : wiys he, I wonder you am
P He said, a stranger to such a thmgf.^ 'Tb true, says he,
that is 3ie word aroes up and down : But, says
he, there is another kind of invasion naeant by
some men. I asked him. What other invasion
do you mean ? He answered presently, Don't
?' ou know ? Are you a stranger in England f
n Israel P Says he, there is an inyasion upon
our rights and liberties, and all we liave;
Whereupon I was a little startled. This was
at the King's-Head tarpm. Another time 1
desired him to explain his meaning, being a
stranger to it, when I expressed my readings
to serre the king upon such an occasion, in
those words. They that know me, know that
I am not in the tapacity of raising an hundred
urms ; but I intended it, as God knows, in op-
instant t6 search fof one Armiger, and coming
]fco widow Hay's coffee- house, (1 think they
eall it) the Widov^ told nie, there was no man
in the house \ I went down the street, and came
back agHin, and one said, he saw a man go
into the garden . says he, do you stay here, and
'I will go and see : he saw this
says he, what is
Jcmnson : I asked him, and he said, Johnson.
I told* him, we must have an account of him.
8ome said, they did not know him. We went
to the Half-Moon tavern, in Aldersgate-
f treet ; he sent for other men ; they said, they
did know him; 1>ut ^hey^could say nothing in
his behalf.
* 8eij. Jeff", fs that the man, Johnson P
/ Rkhardton. That is the roan, that said his
name was Johnson.
X. C /. Look you now, Mr. Rouse, this
' is your time to s^eak for yourself: what hv^e
yon to say to this that is charged lipon you ?
^ You hear the first witness does say, That you
would have engaged him in a design of raising
of men ; and you told him, you^ designed to I position to a foreign invasion : But, I thank
surprise the Tower ; and to that purpose he God, I took characters day by day, and with m
surveyed it ^ith you ; and you tola him what resolution day by day to discover it : But he
your design was j'ou met Bfr. Goodeneugh has got the start of me, for fear I should swear
about; it was to raise men. Goodenough was a^nsthim. He insisted still upon it, That our
for killing the king; you, it seems, at first, rights and liborties were invadeu; and that wtfB
was but for securing the king, and making him the invasion all along intended ; and that Was
do what you please ; but aflerwards, it was the way to hook in persons, only upon that
come to an higher matter; and then you had pretence of a foreign invasion. I asked him,
found out a way to engage some captains to in what manner he meant invasion P Sayahe^
seize the Tower, and others were to seize
Whitehall; both were to be done at once.
What say you to this, (here are three wit-
nesses that testify very strongly against you)
and the device you had to get men to Black-
heath to secure the Tower P
Rouse. My lord, I stand here for my life ;
it never entered into my heart, nor came out of
my mouth ; but he came to me several times
about it, and I opposed it. At last he dogged
me so often, that he ^ave me occasion to ask
him tKe meaning of it. The first place I saw
bim in, was the KingV Head (as hesaith truly)
in Swithiu's-alley . There were several persons,
(as they met there every day upon their private
occasions) that is true. He asked me a strange
<|uestion, (that was the first time that 1 heard
of it) Whether I was willing to oppose a foreign
invasion, that was like to be made speedily ?
And, Whether I would engage in the defence
of it P And this he did two or three timed
afterwards. To which I replied, Sir, I and
every honest man are bound (as we are sub-
jects, and have taken the oaths of supremacy
and allegiance) to engage in such a thin^ you
put me upon, that was, to engage against a
foreign invasion. The next time, he asked me.
How far I would assist, if such a thing should
fall out as a 'ibreign invasion. 1 wondered to
hear it so often repeated ; 1 answered, I never
hud hut one swcrd for several years, ^ough I
have had sccasion for many in other countries ;
but I make no question but by the assistance of
wj fHends, to raise «n faimdred armr, that was
What with their doctrmes on one hand, and
oppression on the other, they lie so heavy, that
we oan*t bear it no longer. Says I, Wnat dl»
you mean hy this P What course do yoa
think of P What can you propound to your-
self to extricate yourself out of these troubles
you so much complaib of? Tq which he an-
swered. You are a stranger to what is a-fooc,
and hath been a- foot, a great while. Do yoa
not know the persons that are enj^aged in the
design? (I was a little inqusitive to know
what was meant by the persons) No, (says I)
positively, I know not what you mean ; I am a
peifect stranger to these persons, and this de-
sign ; and I wished him, and all others, (as
they were men and christians) that they would
take care of opposing the government they
lived under, that was my very words. 6ays
he, that we have considered verywdl, and
how to secure the * two things ;' and, says he,
you shall see we will do it &xtrously, withoot
shedding a drop of blood : Nay, says ho, not
the blood of the duke of York, though be be
the i(eriest dog in England. - I desired him to
explain hirosdf He answered, "Hie mischief
of it is, we can't agree among ouiselves ;. for
it was us and we at every word ; so I con-
cluded he was of the cabal* and dub, that met
together on this design ^(tiiat hath come before
your' iMdship) ; and I am pretty confident
there was such a hellish design, though I
thank God, I had no hand in it. Said 1, who
are the persons P Pray declare the bottom of
TOtt come to me about> ono day after
«49)
STATE TRIAI^ $& Charlbs II. 1^83.«^/or High Treason. [^50
miiotber. With much ado, he told me, Mr.
ChMdenoagh was one. After thig discoarae, I
nerer ^w BfK Gkwdenougb but twice ; once
was at the King's- Head tavern, wtiere I bdiere
was twenty ; the second time, wa^ a day or
two afler 1 saw tbepit)clamation, and his name
in it. So much I speak of Mr. Goodenougfa.
I asked him the names of the other persons,
that were engaged in this design ; and says he,
I most GoncM them, ibr 1 am under an obliga-
tion : But the first time I saw the proclama-
tion against colonel Rumsey and the others,
says he, 1 was deadly afhad I was in the procla-
mation ; but (says he) all these persons are con-
cerned, and several others. Thereupon be told
me, that when they met they came to this re-
solotfon of seizing the Tower, the aldermen,
and taking of London. Says I, Pray what
money have you to carry on this? Money .^^
Oh, nys he, w^ don't want money ; says he,
Mr. Goodenough hath assured me there is
40,000/.
X. C. J. I/)ok you, yfdu invert all his dis-
course : He hath sworn it asfaiost you. Have
y«n any evidence in the world P You are not in
a cApadty to swear agaiust him.
Ifottse. My lord, he hath turned it upon me,
he spake to me ahfvays in' private.
L. C. /. Look you, you have fixed but upon
one penoo^ here was Mate Lee, that gives a
yisety shrewd evidence against you ; Did he
come and teach you ? Sy he use these words ?
IRause. My lord, I have nothing to say
^punst Mate Lee, I hope he is an honest man.
Bat I having a design to discover this whole
thing, and having so much out of Leigh the
dyCT—
L. C. J. What did you use these words to
him for then?
Rouse, To satisfy the gentlemen that put
me upon it, that I might come to the bottom of
the design.
Jost WUhim. You say you know a great
deal more : How came it to pass you never told
the king one word of this till after you was
laken ? ^
Rouse. I hare told '4 smce I was taken.
Solicitor GeneraL (Mr. Finch.) Pray, when
jon had got to the bottom of all this (as you
call it) why did you deny your name ?
Rouse. J did not deny my name.
^Setj. Jeff. He hath as many names as he
has designs, and they are abundance.
Rouie I did not know they 'were officers. I
did not think there was any obligatioD upon
me to tell every man my name.
X. C. J. You hear what evidence is given
against you concenung your discourse in
1d81 ; which jthough it be not the tbing for
%frhich you are directJy called m question, yet
Sf you coirid dear yourself of it, it would im-
post yen mudi, for that does shew your spirit,
^d that vou have had a long while a design
jjiggainst the king's life, if that be true; there
tore it would be very fitting that you purged
' ymxtm^ of itj and that you could some war
«r otter give m answer to what yeu mm^
< That the king had forfeited his ctrown, tod
* had no more right to it, than one of those
' sorry persons you spoke po :* and to saV the
parliament might * take - away the king's au -
< thority.' These are strange treasonable ex* •
pressions.
Rouse. My k>rd, though this thing be re* •
vived, which was out of doors two years since^
and I suppose it is well known to your hnrd^
ship, who was then upon the bench. As I
was told, there was a word in the indictment
called Colloquium : he was asked what disr •
course pamed before : but if Mr. Corhin. would
remember himself^ I do confess I did say
these words ; but the words that followed
before.
Just WitheM. What doyou mean, the east
before the horse P
Rouse. Mr. Wyat waa mgin^' of several
discourses, the popish grandeur- m deposing
kings ; and 1 gave this answerin these words :
' Sir,' (says I) * If it were in the power of any
* pope to depose the king, then he might a9
' well take away the crown off the nng'a
* head ; but he hath no such power ; if he had .
* that power, says I, then the Crown of £ng*
*■ land IS your's as much as his.'
Sol. Gen. What was the Colloquiuro, when
you said the parliament might taxe it :^way ?,
Rouse. I never said that.
X. C J- I have heard a great deal of yonr '
discourse : if you think you can make any
of it good by wimeases to your advantage, cab
them.
Rouse. My lord, I have not had time to
collect my wimesses. How can it be supposei
I should call witnesses ? I don't know tlrhe-
iber they are here. Here are witnesses called
to prove a matter, wbereot upon a trial two
years past I was acquitted.
Just. Withens. Pray do not go away with
that, h<^re are two witaesses since.
X. C. / You were told, that was not the
thing laid to your charge now, th^t does only
shew the temper of your spirit, and how your
inclinations nave been all alongf. Look you,
tbiB you are now charged with, is a design to
seize and kiO the king, and to that purpose to
have entered into a conspiracy witii Goodcr
nough and others, for the raismg of n^en, and
the making of a rebellion and insurrection here
in. the kingdom ; whereby you might have
seized not only the king, but bis fort here, the
Tower, and made yourselves masters of his
ships, and so entered into a perieot war with
him in his own kingdom, to the destruction of
himself and the government You hear what
the witnesses say aeuinst you.
Rouse. 1 do declare, in the presence of God
Almighty, before whom 1 must stand, it never
enteted into my heart.
Mr. Jones- If that would do, we should bare
none hanged.
Rouse. I appeal to toiu* lordship, and this '
honourable court, whether it is likely for me,
who am such a silly person, to engage in such
a devilish desigp, especially being, oooeem^
651] STATE TRIALS, 35 Chables II. l6S3.^Trial of John Roiue. [652
Jlouse. It never entered into my heart Be
pleased to a&li him if he was not arrested by
one Keeling, and what was the account of it ?
Leigh, No.
House. I mean sworn against.
Leigh. I will gire your lordship an account
of it. Mr. Goodcnough, Mr. Rouse, Mr.
Pachin, and I, had been at the King's-head
taverq \ a man came and told me, a man had
been at my house, and that oqe swore against
me, imd it would be dangeroys to go home. A
while after comes one Armiger, and be told me,
Mr. Baieman was gone one way, and he ano>
ther, to seek for mc, and desired me to hai e a
care of ipyself. With that Mr. Rouse, Mr.
Goodenough, and Mr. Pachin, came out to me.
Mr. Rouse directed me to go to the Sun tavero
atMoorgate, and I went; Mr. Rouse, Mr.
Goodenough, and Mr. Pachin came to m^. I
told them I would meet my wife, but tbejr
would not let me go on by any means, but sent
one Mr. Thomas, a coffee-man, for my wifi^.
She came and told me, Mr. Goodeiough had
sworn against several people, or he was sworn
against. I went to Mr. Rouse's house, whe^
Mr. Goodenough came to me. Mr. Rouae
would have had Mr. Goodenough staid there
all night : Mr. Goodenough sent for his wifip,
to kmw if his brother had sworn; she ac*
^uainted him, he had not sworn : Mr. Rouaie
invited him to lie with me. He shewed me»
behind the bed, a window to go into another
man's room, to make my escape, if any man
shopld come to search the house. I lay. thene
on Saturday. Mr. Goodenough and Mr. Nel-
throp came to. me ; Mr. Goocbnough told me,
he had lain at Mr. Nelthrop's all night, but
h^ had seen his brother^ and he had not sworn
against me: I heard that Mr. Keeling had
sworn atpiDst me, and did say, in dis^oorae,
if I did light of Keeling, I would kill him.
Rouie. I desire to auL him another question :
when he was told he was sworn against, what
did he say ?
L, C, /. He tells you before-hand, that he said
he would kill Keeling, if he coiUd me^t him.
Rouse, He says Mr. (xoodenough and Nel-
tfarpp came to my hoTise.; ask him if I was
in the house, or saw Mr. Goodenough ?
' Leigh, I am not positive whether be caw
them tcMzether, but that be saw Mr. Goode-
nough there the Friday night, for he invited
him to lie with me.
X. C. X Pray, what was your reaaon in
putting mate Lee upon the inquiring out men
to make masters ofsbips ?
Rouse. To satisfytbe gentleman, bedause he
told me, there was such a design in hand, to
get to Uie bottom of that design, that so his
majesty might come to no damage. ^ Pray,
my lord, liow could I acquaint the king, or
any justice of peace, what he meant hy it,
unless I understood it ?
L. C. J. Have you any thing more to ask f
Or would you have any witnesses called ?
Route. My lord, i^ is my unhappinesa I
have AO witnesses.
with no ^lerson in the world about it ; for 1
deckre, it I was upon ten thousand oaths, I
aever had any discourse with any person in
the world about it. In the next place, I never
was in any meeting, though I nave beard of
several darkly that they met in London, and in
eeveral clubs, but I could never ^d out the
places. I desire to ask him, whether he knQjirs
with whom 1 did concern myself.
JL C. J. Look you, did you never meet him
with any company concerning any of these
treasoDaUe designs that you have spoken of ?
Leigh', I willgive your lordsliip and the jury
air acoeiint. w. House acquainted me he
oottkl make ten sea-captains ; I acquainted
Mr. Goodenough with it. He told me lie
WooU have a golden bdl, and told me the
ehaige. We went to the Angel and Crown
teverD, from thence he came to meet Mr.
^kiodenough, to tell him what he had said to
these captains. The next day he met Mr.
Ctoodeuough ; and Mv. Goodenough, Mr.
Rouse, Mr. Pachin, and I, went from Joseph's
«oIRm- bouse in Exc^n^- Alley, and hedis-
«Mirsed about gettmg of these captains.
Rou$e. Who was present ?
Leigh. We never discoursed the matter
lointty, but singly with one man. »Mr. Rouse
and Mr. Goodenough went into a room apart
above stairs, and dioeoursed this matter (as 1
beheve) half an hour.
Rouse. How do you know what divourse
I had with Mr. GsNodenough when you was
not present ?
Leigh. Mr. Goodenough thanked me for
htinging him acquainted wuh you.
L, C. L How do you know what discourse
tiieyhad?
Leigh, l knpw only what Mr. Rouse told
me ; Mr. Rouse told me, that he would engage
ten sea-captains, that a ball should be plaj^,
and every man tidte his dividend.
L. C. X Did he tell you be had disoonrsed
this with Mr. Goodenough ?
RoH&e. Did I teUyou so ?^Leifh. Yes, Sir.
X. C. J. You speak of several in company,
ene Pachin and otners.
Leigh. We went from the King's-head
tavern, for there was company we did not like,
though we discoursed there but of hay-
making, and getting nen to help the country
Deoole
X. C. J. What did you meanhy that ?
Leigh. That was toget men for this business.
L. C. X What did he say the intention was
«f raibtng these men ?
Leigh. Mr. Rouae hath frequentlv and often
acquainted me, that the king liad taken an
4mlti in Franoe and Spain to bring in pcypery
emd arbitrary power in -so many years, and
that he had not done it, made the Popish party
'«iigry, but that he would do it.
X. C. X Well, what design was there in
ntsingof men, sJid sei2ing me Tower ?
Le^h, He told me all dbings must be done
teeether. Hie king and the duke must be
eeuMMl, lor thit w»a Ihe principal work, .
«53] SPATE TOIALS, 35 Charlbs tl. lUS^TriaiofWittkmBUgve. [fe^
Set}, Jeff. He hath eonfessed the ' treason
MKMIgh.
L. C. /. look yrta, gentlemen of the Jury.
Yon hear that thb* person at the bar is indicted
finrlugh treason, in conspiring the king's death,
and declaring this by o^ert^acts, that is, en-
deaTOuring to raise men here for to seize the
Tawer, and to make an iitsurrection here, and
a rebellion within the kingdom : you hear two
positive witnesses of what they hare heard from
bim : he did endeavour, saysliee, to bring him
into it, add he told htm tlie whole design, he
did declare to him the manner how tbev in-
tended to seize the king, and the duke of York :
Air. Goodenou^h was one of the persons that
confederated with him, one of (henr, but se-
veral others they bad. They had covert terms
to dis^ise this, by getting the country people
in their harvest. lie told them of a design he
had to get the seamen, a thousand of them to-
gether, td seize the Tower and Whitehall, both
at a time. /And you hear that mi^te Lee had
the same discourse in substance with him, of
endMvourin^ to aeize the Tower, md get amw
fbr to seize the king's ships, to raise a thoosaiid
persons for the effectmg of this. Atl these
things yon have heard proved against hira ; ke
gives no answer to any of then, but only tells
you, that in troth he did not say these things
to them ; bat they, that is the hrst, Lee, said
these things to him. He hath no evidence at
all' of it You hear Kkewise (which does agree
with this case) the teatimony by the other per*
son concemiiig his discourse m ei&fhty-one :
how he said. The king had tbrfeHed his crY>wn»
and had no right to it ; but the pariiament gave
him his authority, and mi^t take it away.
All th^se discourses they aavoor of a wicked
spirit as can be in the whole world. I must
leave it to yon, whether you believe him
guiky. •
The Jury presently gave their verdict that .
he was Guuty.
See an Acooant of his Sentence and Eze«
cation after Blague's Case.
• I
999. The Trial of William Blague,* at the Old Bailey, for High
Treason : 35 Charles II. a.d. 1683.
William blague havmgbeen arrai^ed
on Thursday, July 12th, pleaded Not Gmlty,
and pot himself upon his country, was brought
td the bar again, Friday July IS. He made
nd chaflenges, and the former junr was sworn :
vis. Robert Beddinfffield, John Felling, Wm.
WinA^mr. Theophuns Man, John Short, sen.
Thomas Nicholas, Richard Hoare, Thomas
Barnes, Htonr Bobbins, Henry Kempe, Edw,
Raddbh, and Edward Kempe.
Clerk. Gentlemen of Ae Jofy» look upon
die pciioiier, and hearken to his charge. He
stands indicted by the name of William Blague,
late of London^ gent that he^ together Mdth
John Rouse, &o.
Mr. Iforth, Gentleman, yon that are sworn ;
tfie prisoner at the bar is charged with com-
paasmg the death of the king, and conspiring
to raise war and, rebellion, to destroy the go-
Temment, and take possession of it ; that he
d&d conspire with one Rouse, and several otiiers
not yet known, to bring these things to pass,
and being joined together, to seize the Tower^
and to provide several arms. To this he ^ath
pleaded Not Goihy, &c.
Seij. Jefferie*. My lord, and you gentlemen
of the jniy, we shall not need to trouble you
much with the prisoner at the bar, for diis pri-
soner, with him that went before, were to un-
dertake that part of this horrid conspiracy re-*
lating to the seizing the Tower, because the
same witnesses that were against the former,
are against the prisoner at the bar. We ^all
iot need to trouble you with the hiktoiy, we
* See the Note at the beginmng«f Wak^s
Case, p. 519, of Ijhis rMnme.
will cause o«ir witnesses to prove it. Do yoa
hear, Leigh ? you must tell my lofd and the
jury what the prisoner at the bar vras con-
cerned in.
L, C. J. What do you know of any treason«>
aMe practices of his ?
Leigh, I will aoquabit yoor lordship, and
the gentlemen of the jury, that capt. Blagiye
and Mr. Rouse were nequentiy at the tavern.
I presume numy times they came in about
business, and sometimes there were discourses
to carry on this conspiracy. Mr. Rouse told
me, he had acquainted capt. Blague with it,
about getting ten sea captains ; captain Blagne
told hun, they had better engage one or two
ships to shoot mortar-pieces into the Tower,
which would presently destroy it; and dis-
coursing vrith capt. Blague about the -affair, he .
told me he would be tMdy in a fortnight or
three weeks.
Capt. Blague, My lord, will you please to
afdt what time that was ?
L. C. /. You shall have any question asked *
by-and-by.
BUfgue. Very weD.
Leigh. Capt. Blague t6ld ne, he would be
ready in a rartntjfht or >KMnething more, and
he had an intention to lay m about (bnrteen
gmis in his own. ship that he had bought, he
would have twenty-fbnr in it, and lay it on
Southwark side against the Tower, fie would
Tenture his ship, bu| they must see they were
provided with money for the seamen. I ac-
quainted Mr. Goodenoogh wHh this, and' Mr.
Goodenough desirei to speak vrith capt.
Bla^ ; Itold capt. Blague of it,atid we took
coach at Slocks-market, and went totheKing's-
bead in Chanq^ry-Laiie, whero we met witi^'
I
$55} STATE TRIALS, 3S Chablbs H. 1683.— Tritf/ of WOUam Bhg^, [6s9
Mr. Ridiard Goodenocurfa, and Mr. Francis
CkKideDOugh. Capt. Blague asked, what
mooey they bad provided; they said, about
40,000/. says capt. Blague, the seamen, will
swallow that up immediatelv.
X. C. X What did capt. Blague say ?
Zei^. Mr. Goodenough and capt. Blague
discoursed about the matter at the Kiog's-
head favetn at Chancery-Iiane end, and the
discourse about the matter was, how to seize
the Tower ; he then told them a^^, Ihe only
way was to do it with mortar pieces, that he
would venture his own ship, and provide two
hundred men.
X. C. X What did he say about moi^ey ? •
Leijgh. He asked what money was provided,
he said, there was about 40,000/. then he said,
that would be easily swallowed. Mr. Good-
ejfiouffh said, that there .would be more pro-
▼ideaat anv time. Captain Blagpie and Mr.
Goodenough, both of them drank a ^lass or
two of wine together, and so at that time we
parted. I met with captain Bhigue again, and
he bid me, for God's sake, don't discourse be-
ibre my mate such a«one, but my mate Lee is
a very honest fellow : said he, I will undertake,
CDce in twenty times, to dismount them six
guns that iac^ towards Surry side, which I
understood to be about Traitor's-Bridge, he
would undertake to dismount them. What
discourse OEmtain Blague and Mr. Goodenough
bad apart 1 can't tell, but Mr. Goodenough
told me, he would fet some other captains to
engage in that afikr. That business Uras lel>
tohim and I, and I was desired to be frequently
widi captain Blague, for the manasing this
affair of the Tower ; and, savs he, 1 have a
commission, though not in England, by land
as well as by sea.
X. G. X Will you ask him any thing. Sir P
Now he shall be asked any thing that you will
propose. First, you do propose to Ilim, about
what time this meeting was. What say you
to that?
Leigh. If it please your lordship, I believe it
Wifi towards the latter end of May, or the be-
ginning of June.
Blague. If you please, my lord, I will give
yon a journal or narrative of all my proceed-
ing*. V
X. C. X Will you ask him any more, than
fhatP
Blague. No, my lord.
Sen. Jef. We will call mate Lee. This
mste Lee was the man that might not be trust-
ed. Mate Lee, tell my loi^, and the gen-
tkaien of the jury, what diseoorae you nave
had with the prisoner at the bar, captain
Blaguoi abaut seising the Tower.
Mate Xee. I shall. Sir. The first disoourse
that ever I understood, was one time he and
I was riding in a coach, says capt. Blague ope
of these dpjs we shall have a ball to toss. I
did not know the meaning of this ball, till af-
terwards Mr. House, and Mr. ha^ and I
«ame together, and be told me of tossing a ball
»poo Snck-heaUi. Tbea I begaa to under*
stand it AndaAerthift, I can't tdl whether it
was before that captain Blague and I walked
before the Tower, and discoursbg of this, my
way was to acale the Tower, and take it that
way ; says captain Blague, the best way is to
shoot mortar-pieces on Southwark side ; this
was all the discourse.
Serj. Jeffl Can you say any thing about tk»
ship?
Lee. Nothing about the ship^ but about mor-
tar-pieces on Southwark side.
Seg. Je^ What time was that?
. Lee. icannot be positive, about six wceka
ago, or less.
• Seij. Jeff'. The first time was in the coach ?
Lee. That was about the ball, I did not un«
derstand it, only tossing up a ball ; I did not
understand the noeaning of it, till afteriranl»
Mr. Rouse and Mr. Leigh and I came toge-
ther.
X. C. /. How came you to discourse with
him concerning the best way of takinir the
Tower? "^ ' *
Lee.. Mr. Rouse and Mr. Leigh and I, and
captain Blague had been tmther. We dis-
coursed about taking the Tower. . And wo
had this discourse among .oursdves, which
was the best way to take the Tower ? Mr
approbation was scaling-ladders, and hand-
mnadoes, that was the best vray; capt^
Blague's way was with mortar-pieoes on
Southwark side.
X. C. J. To what intent was this discourse,
had you any former discourse with any per-
sons ?
Lee. Not at all, if it please your lordship.
The first discourse I had was with Mr. Rouse
and Mr. Leigh.
X. C. X And was that about taking the
Tower?
Lee. To surprise the Tower, and Mr. Leigh
and Mr. Rouse and I went down to view the
Tower.
X. C. X Then afterwards captain Blague
came in about the way to take it?
Xee. This discourse with capt. Blague, about
the Tower, was between him and I. I do^'i
remember it in any other company.
X. C. X What was your biuiness with cap*
tain Blague?
Xee. My business was ^nihi capt. Blaffue,
to be his mate, and I was conversant with nim
at the Exchange, the Coffee-house, and the.
King's-head tavern. And we had discourse
about these things.
X. C. X Come, captain Bhgue, would yoa
have him asked any question ?
Blague. My lord, otherwise I had gone to
sea soon after i came home; hut so It was, that
I had an occasion for Pennsylvania and New >
York, and coming one day to the Exchange, I
met Mr. Rouse, whom I nad not seen in 16 or
17 years before, for Mr. Rouse had made a'
voyage to Virginia with me about 90 year%
ago/Now, my lord, meeting with Mr. Ifimse,
I luu) .an occasion then to dfie up twoorthveo
hundred pounds, and kno^g Mr. Rouse mh
657]
STATE TRIALS, 35 Charliss
m broker, I did eonpby him to procure it me,
bat he did not ; however, daily i came to him
to dispatch Afaat affair ; and Mr. Rouse being a
iban for a tarem, I went to the King's- head
tavern and- the Sun tavern, if he was not at one
plac^ I foimd him at another, in order to per-
fect this businers. So, my lord, when I came
into his company, several people used to be
with him that I nevef saw in my life, and Mr.
Rouse would say, sit down a httle, and I will
go with you presently ; so I would sit down,
and drink agjass of wine, and go to the places
where the aflair was to be managed ; after I bad
done thus several days, and to no purpose, I
did it myself. Now, my lord, Mr. Rouse in
ttiat time brought me acquainted %vith Good-
enough, because Goodenough was in his com-
pany, and Mr. Leigh, not that I ever saw Mr.
Goodenough in my life before, and not as Mr.
Ldgh says, that 1 ever was with him at the
I>r^;on.
JLoMh. The King's Head tavern in Chan-
ceiy-£ane.
Blague. I was just coming home when Mr.
Leigh was going to meet widi Mr. Good-
enough, and I went in there, and todc a glass
of wine, and bid him farewell, and so went
home. When I was with Mr. Rouse, I was
asking, what people they were that were in his
company, he saia very honest men, drank a
tfUtts ot wine :uid went away, and still I found
ttiem together. I was saying to this Mr. Leigh
here if you will go along in^ith me, you shall
S've me as much for your passage as any of
e rest of ^he passengers do. Now, at this
time, my tfbip was not in my possession ; this
very day ihree weeks I had it in my posses-
skm, and now at this very day she is in the
carpenter's hands, who is here now, I suppose.
i. C. J. WeU, go on.
Blague. Now, Sir, whereas Mr. Leigh re-
ports, that I discoursed with Mr. Goodenough
ooBoeniing any public afiairs, or any thing
tending to the disturbance of the peace, then
I am not a christian. Besides, ' Sir, I did not
speak twenty words, or ten words at the time,
hat, your servant Sir, or, here is to you, in a
glasB of wine ; imd this I do speak in the pre-
sence of God Almighty. And when I came
into a room, I never staid longer than Mr.
Rouse, ibr my business was with him, and so
went ^Mut my own affairs, As ibr Mr. Good •
enough, I believe, I was three times in his
company before I could remember his name ;
and I w«uld ask Rouse several times, Whatdb
YOU call that man ? But in reference to the
Tower, diat Mr. Leigh speaks of, that must
be touched at. I do remember very weU, I
shall I^ no means palliate it, if I were pre«
aoitly to die ; coming up irom the ship, we
were cominff by water, indeed I should have
liad possession of the ship a fortnight before,
if they had done me justice ; I had 3 or 300/.
ibr them before ; but coming irom the ship,
we were coming up by water by the Tower, I
do not know how it was, I spake it to the wa-
terman. This place ia not well fortified, and if
VOL. IX.
II. 1M3.— /of iiigh freatml. [658
any occasion should happen, this plac^tSed in
more peril and jeopardy than any place of th^
Tower, and so it does. It is an easy matter for
any to give their sentiments whetner they be
accept^ of or no. This is the very' thing I
Skid, and then they were talking of a French
war, and the like. Then I said, You silly
fools, if they should take it, it is but going
over a t'other side, and throwing half a dozen
bombo's to tbem, and set them out again.
But, however, mate Lee, if he remember, I
told him the same thing at that same time ;
and I told Mv^ Leigh, it was a pity, a thousand
times, that place was uot better fortified.
But as to what Mr< Leigh says, to have 200
men in a poor pink, I have refused several in
that very ship, because I could not stow 100
men, ^omen and children, and that I should
press. 200 men in th^t ship, that will not hold.
And besides, it is a pink, let any one look upon
her, and see whether tiiat ship be fit'or no to
take in 200 menr. But whereas they say I had
arms, and such things, I bought the ship and
arms together, I had four blunderbusses, two
javelins, and half-pikes, that i^ all.
L. C. J. You forget to anstver several
things; you had discourse about a bank of
money.
Blague. A bank of money, my lord, I ncvei
discoursed of. And as to the ball that my
mate speaks of, my lord, I know no more
what it means to this very day, than one that
nevcT saw a hall.
L. C. J. Look you, Sir, you were with Mr.
Leigh, this Mr. lieigh has sworn ; he says,
you told him, that you would undertake to get
200 mftu, and you had bought 14 pieces of
ordnance already, and that you would vrithin a
fortnight's time, do yon i^member, bring your
ship to Sonthwark, and be ready to beat down
that part of the Tower.
Biai(ue. My lord, 1 have told you already;
the ship was not mme to bring till this day
three weeks.
L, C. J. That was within compass, for they
tell you this discourse was about a month
ago.
Blague, It was in May, my lord, they talk
of.
X. C. J. No, they speak of about a month
ago, you were to have them in a fortnight's
time. What says the first Leigh, what time
does he speak of?
Leigh. If it pl^ue'* your lordship, he said,
his ship would be ready in a fortnight's time,
or thereabouts.
L C. J. How long was that ago ?
Leigh. About a month or five wedcs.
L. C. /. To what purpose did you meet Mr.
Goodenough so often, to discourse about this
matter of &e Tower ?
Blague. My lord, I never met widi htm at
all, but when I came to Mr. Rouse about this
business of the 200/.
L. C. J. Mr. Leigh, what say you concern-
ing his inquiry for money ?
Leigh. If it please your kntbhip, Mr.
2U
«59> STATE TRIALS, 35 Chaeus* M- l6S5^Trial iff miUM Blagme, [fifio
Goodenoagh and tfie captain met at the King's-
Head tavern, they met several times apart, oat
of company, and discoursed of the nuainesa
apart, Mr. Ooodenough -ojiked roe for the
captain many times ; I told him what the cap-
tain said to me. Mr. Goodenough took the
captain ont, and discoursed him ahout this
amur. Mr. Goodenough hath told me several
times,'' the captain would be very serviceable.
The captain asked, what money there was;
I told him about 40,000/. and he said, that
would be quickly gone. I enquired of Mr.
€roodenou£^h again, and fir. Goodenough told
'me, there was more money in Holland.
JL C. J. What money was he to have?
Leigh. Two hundred men. — The captain says,
I named him before the king and comicil to be
at a meeting at the Green-Dragon tavern. It
is true, I did aopiaint the king and council, that
Mr. Bouse had business at the Green-Dragon
tavern. But this was at the time of my ah- {
aconding, 1 could not tell where to meet him
again.
X. C. J. What guns did he say he had pro-
Tided ?
' Leigh. If it please your lordship, he said, he
had 14 guna in the slup, and would make them
up 24 : He would undertake in twenty shot
to dismount them guns.
L. C. J. Where was this discourse you had
with huB about this 300i.
Leigh, If it pleiise your lordship, it was at
aeverai tones, one was with Mr. Goodenough
at the King's-head at the oorajBr of Chancery-
lane.
X. C. J. Look you. Sir, by the oath you
have taken, did he undertake . to raise men,
iuid assist with his ship ^n takine the Tower ?
Leigh, If it pleaseyour lordship, he told me
Jbe would so do It. He uAd me, he would have
d4ffun8.
Jury. Did the captsin tell you so ?
Leigh, Captain Bia([ue that is here.
Blague^ fHy lord, m reference to the 300
men, uis is tne thing that I would answer, I
could not stow 100 men, women and children*
L. C. 3, Two hundred men, he says, for this
serrioe. .
Blague. Yes, my lord, I mean so. Who
can yon have to say so brides yourself?
Leigh. If it please your lordship, this dis-
course was only with Mr. Rouse, Mr. Good-
cnouffh, capt Blsgue and !•
Blague. My knrd, Mr. Leigh said before
the king and ooimcil, that he was never along
with me but onoe, and of what I said then, he
could tell only he was there when I went to
look for Mr. Rouse. How can these ex-
pressions go together P
Leigk. My kwd, aa to that before the long
and council, I did say, I was not mrt with
captain Blague and Mr. GoodenousL, at ihe
Kmg's-head tavern, but captain Bu^^ and
Mr. Goodenough were there several times, and
Hhfix were apart by themselves $ and thaf I
had discourse with captain Blague and Mr.
Goodenough, and^aame with them onoe lo the
King's-head taTon.
Z. C. X What did captain 91agne tell yoa.
of what discourse he bad with Mr. GmmI*
enou^ ?
Leigh. Capt. Blague did, teB me, that we
must have a great care, or else we should be all
ruined, and Siat his sh^ should be ready, vad
always encouraral me. And, si^s he, when I
have done the business, I have been a oaptaha
ashore in another country, IJiave been in com*
mission in another country ashore, and can tett
how to manage men ashore as well ils aboard.
Another thing was, after all this, some ttma,
when I' understood I was swonk agamst, I was
indeed, the captain says right, to have gone
with him a passenger, and wi^ with him seve-
ral times, I gave him a report how the Tower
might be taken by ladders and granadocs, aad
he told me, that Nelthrop's brother came to see
him, and did infoim me, that neither Mr.
Goodenough nor his brother was taken, and
that the duke of Monmouth was in the cwSaatry^
and quickly would come.
X. C. J. Who told you this?
Lei^h. Captain league,
Ser). Jeff. This is a pretty matter to smii^r
at, captain.
Blague. I will assure you. Sir, there is ne
truth in it
Sen. Jeff. Would you smile the witnvsee
out of their oaths?
L. C. J, Look you, Mate Lee,' What say
you to this ? In your judgment and voisr
thoughts, was the discourse concerning tnlring
the Tower in a iesting vraW
Lee. No, and it sluul please your lonlship, I
was in earnest in discoursing of it ; my way
was, .as 1 told your loidshtp before, scsliag*
ladders and hand-granadoes.
L. C. J. Had you any talk before of snr-
prizing the Tower ?
Xce. No, my lord, by nobody but Mr. Rmmc
and Leigh.
X. C. J. What had they spoken to yea can-
ceming surprising the Tower ?
Xee, Ml*. Rouse spoke to me of getting
some seamen, that mignt be fit to make niastem
of ships ; and I asked him, what he would do>
with those seamen to make commanders of
ships ? He said, to put them aboard the Idag'a
men of war, and make guard ships of them:
I said, what can you do with them to nmke
guard-ships, when there is neiflier powder^
shot nor ammunition? But, said I, if ye«
can take the Tower, you may do wdl eMugii :
So that our discourse was about taking tiie
Tower.
X. C. X Was capt Blague with Toa then?
Lee. What discourse we had swmt taking
the Tower was between ourselves.
X. C. X How came you to discourse oosh*
coming this ?
Lee. This was our common disooorse. I
suppose the instigatioo ought be by Mr. Route*
I waa acquaintea with Mr. Rouse, by gwog
with captain Blague ; this was my first, die*
course with Mr. Rouse and Mr. higbi to*
gether,
^1] SiKATE TRIALS^ S5 CHAltKB IL 1 $ts:^ftr ESgk Treatm.
[66a
L, C. J. Who WM with ymt whoi yoa dis-
CWII WMJ it felt ?
Xce. There ««s mily Mr. RMne and Mr.
liBigh ; I can be pontire that captain Bkgue
wat not: But this captain Blaffoe did say,
when I gave my wa^ of takings uie Tower by
nealinpf-laddera, and hand-grauMoei ; No,nyB
cnptaui Blagae, it IS a belter way to have mortar
pieeea over the water, and shoot into the
Tower.
•Serj. /cC Harh yon, IViend, did Le^ or
Rouse telf you, that Btagoe was made pnry to
it?
Lee. ImideratDod nothin|^ ef it, but what
we disooorsed together ; for I was arqnainteri
with nono of the cabal, but Mr. RonseandMr.
Ix«h.
r. C. J. What did you discourse about ?
Zee. Abont tafcinff the Tower. I won't
midxit, lam uponnly oath.
L, C. J. Therefore we would havo the truth
ontofyon.
Lee. I did gather from Mr. Rouse and Mr.
Leigh, that Uie intention was to taice the
Tower f
L C. X GtTO some aooonnt how yon and
JUigue came to discourse of such a thing as
this is, and inoider to what design.
Lee. The design was to take Uie Tower.
L.CJ, Did Bfaigne and yon discourse it to
this purpose?
Lee. Captain Blague and I disooorsed it to
Hmt pmose of taking the Tower.
Sol. Gen. Did you discourse of it as a tidng
that might be done, or that was intended to be
Lee. We did discourse of it as a thing that
miffht be done, or was intended to be done.
2». C. /. Now captain Blague, if yon hare
any thing to ask him you may.
viofpite. Ask huD, whether thm were any
psyections or pro? isions made for the taking of
n ; and whether or no there was any resolntion
taken that the Tower shouU be taken.
Lee. AnH shall please your lordship, the
king's majesty wsAjA me, when 1 said what
oapiafii Blague said, abont taking the Tower
with mortar -pieces ; if it please \oar majesty,
■nd 1, 1 do not know whedier there was any
aneh thinf disooorsed, that 1 did not hear.
L. C.J. Well, was there anything pronded
er '4sB^riied in order to it ?
' Lee. An*t please your lordship, there was
BSthing of men or guns pro? idea, that I did
know or hear of.
8ei}. J^. How many times did yoo talk
with oaptam Blaine aboutthis ?
Lee. Bef eral tmies.
L.C.J, Had you any order from an^ other
fonons Ibr to discourse captain Bbgoe m order
to this?
Lee. No, an't shall please your lordship, to
the best my knowledge I had no order; fn*
ikitf were commonly toi|;ether, captain Blague,
Mr. Ronse, and Mr. Leigh, and I came to
ttton wh«n 1 had bushwss with captain Blag^oe.
L. C. J. Did you ever discourse this llung
with efftain Bbgoe befinm them^
Lee. Icannotbepoatifointhft.
Sol. Gen, Did those other persooa, that yon
said yon discoursed wiih, enflmje tou ?
Lee. Mr. Rouse and Mr. lieigh, and I went
betakn.
out to view dieT(9wer, how it
8oL Gen. Did they engage youP
Lee. Yes, ther did eaufege me.
Jury, My kNtt, we desire to have the witness
asked, WhedMT the Captain knew he went to
▼iew the To^er ?
L. C. /. Had he any intimation you went
to Tiew the Tower ?
Lee. My lord, 1 cannot be posiliTe in that:
some tune after we met tite Captain, and did
teUtho Captain, we had newed the Tower;
but I do not remember what obsenrations wo
made.
Serj. Jagf. Nor what he said to you?
Lee. No, nor what he said to me upon it.
X. C. J. Look yoo, Mr. Lee, Mate Lee„th«
Captain told yon of this ball that' was to be
thrown upon Blackheath: How kmg ago wad
it?
Lee. An't please your lordship, I oiiinot be
positire. it nftf fire or six weeks ago, I thmk
It was mlast time I rid afeng widi him to the
King's head tar em. f wen| to Chanoery-lane
and you gave me coach-hire for nothing, and
then you spoke of tossing up the bikll.
LC.J. What was it he said?
Lee. This was all. I did not know hai mean*
ing, neither did he eaqnress his meanmg. He was
saying, to the best of my remembrance, we
shall see a ball tossed up. I do not remembet
he said upon Blackh«ith; tiie eonftrmation
of it was by Mr. Rouse and Mr. Leij^h ; thei|
1 came to understand what the ball did mean*
Sir Joiaet Bntler. With his lordship's lea?e
did you speak firrt to the captain about the
Tower, or did he speak to you ? Was it yoor
motion to him, or his to yon P
Lee. I do not know but it might be my mo-
lion to him.
BIr Jamet Btuter. Then, my lord, give me
leave to ask another. How were these mortar*
pieces to be brought up, tobepbnted on Soitfh-
wark side, to play upon thewatt of the Towerf
Seij. Jef That was the other man, fiKr
•Fames.
L. C. J. Is there any diuiff more that yim
wouM have asked of any iif these witneaseaf
or hare you any witnesses of your own ?
Blague. My lord, the witnesses that I hate-
iu reference to the number of men, are here.
I desire, my knd, you will be (deased to oidcr
them to come in, to know upon what aeoount
I shipped them.
Jufy. My lord, pny let tis aak the otbeip
Lc^h one question.
L.C.J The first Leigh.
Jury. Wedeske to know, whether he fafltef
any thing of the ball, or tossing it ?
X. C.J. He hath toU you a long atoiy
ofit • ^
Leigh. The story of Blackheath laoqnahiteA'
yon with i^ about Mr. Rouse. There was a.
goMen ban to bo phiyed upon BkMkbii^, •
6631 STATE TRIALS, ^5 Charles IL l683.— TKa/ o/mUim Blague, [6fl4
thousand seamen to be at the pUiyins of this
baU, teta sea captaini to manage these thousand
seamen, and after the play was over, erery cap-
tain to take his division apart, and treat them
with punch, and after that was done, to tell
them they had other work to do, ard to hare
lonjif-boats and arms ready, to go and seize the
Tower.
Jury. Did captain Blague acquaint you
with this ?
. Leigh. Mr. Rouse told me, captain Blague
was acquainted with it: I never discoursed
with captain Blague about it. Captain Bkgue
told me, the best way was to set a ship on the
other side, and shoot mortar-pieces into the
Tower.
L. C. J. What would you have Mr. Wright
asked.' • '
Blague. My lord, please to ask him upon
what account lie was shipped.
X. C. J. Was you shipped upon the captain's
ship, and upon what account P
Wright. An't shall please your honour, I
was shipped upon him almost tour months and
three weeks ago.
L. C. J. Upon what account?
Wright. I was shipped upon him upon the
account of New York, £ngland and Holland.
L. C. J. Well, what use do you make of this
evidence ?^
Blague* Only, my lord, if you please to
ask the rest, whether I have shipped any
more men, or spoke with any more than these
'are?
Wright. Xtk'i like your honour, I have wait-
ed upon the captam ever since I have been
shipped : I have waited upon him in London,
at the coffee-house, about business : since I
have belonged to him, I was in pay, although
we bad not a ship in possession : sometimes at
the mayor's court office, Mr. Briggs, .some-
times with Mr. Rouse, who had something to
do for captain Blague. I kept at |he coffee-
house commonly every day from eight or nine
a clock in the monung. Sufficient persons
know me in Lomjkin. I have kept at the
coffee-house from nine or ten o'clock in the
morning till four or five in the afternoon, and
so I have satistied him about what people have
inquired after him.
Blague. Call lUtbert Chappel.
X. C. J,. Captain Blague, what would you
have him asked ?
Blague. Carpenter, declare to my lord how
k>ng you have been with me, and upon what
accouht I sfainped you ?
Chappel. Four months and an half.
. X. C. /. What bendes f
ChappeL We were to f^o to New York. I
have been shipped fopr months and an half to go
to New York. We came to the coffee-hou^
in Birchin-LAue.
- X. C. /. WeU.
0 Chappel. We hare had the ship a month in
our bands next Monday.
L.Q.J. Is she fitted?
^^A<9!P«^- NOysheifi^Botfitt^. ..
X. C. J. Was she in a eonditioh to have done
any service upon the water ?
Blague. Carpenter, do you hear what my
lord says f
ChappeL The ship is a small vessel about
150 tun, between that and 100.
Blague. My lorcT asks you, if she be iiTa
condition to do service.
L. C. J. Was she capable to do any service
upon the water ?
Chappel. No service at all upon the water she
could do three weeks ago.
Serj. Jeff. A ship of 150 or 200 tun, would
hold a great many people ; she was to lie still,
that was the mischief.
ChappeL We haled her down to the car-
penter's yard; she is now in a conditioQ to
work. -
X. G. /. Have you any more men ?
Blague. Doctor, upon what aocooot were
you shipped ?
Bellinger. For New York, England and
Holland.
Blague. When were you shipfied ?
Bemnger. Seven week's ago.
X. C.J. When weFe you to b^n your
voyage?
Bellinger, I belonged to the captain before
he had a ship.
X. C. X But when did you reckon to begin
your voyage ?
Bellinger. That I cannot tell.
Blofue. My bill upon the Exchange doth
specify it. Sir.
Jurjf. Pray, my lord, will you ask if he have
any guns aboard and how many ?
X. C. J. What say you ? What guns are
there about the ship r
Bellinger. Fourteen, • Sir, and four wooden
ones.
L.C.J. What are they?
Bellinger, Six above deck, four in the hoU.
Blague. They are Saker guns.
X. C. J. Saker f ^Blague. Yes, Sir.
Blague. Richard Clarke, what voyage bad
wef^Clarke. New York.
X. C. J. Surely it doth appear, that thew mea
were shipped a great while ago.
Blague^ Some of them have had a depen-
dence upon n^ a great while, one hath depend-
ed upon me 1 believe seven months.
X. C /. Have you any thing more to ny ?
Blutnie* No, my lord.
X, C../. Lookyou, gentlemen, you thatara
of this jury ; this gentleman is indicted for con-
spiring the death of the king, md doii^ soma
acts in order to it, that is, eiMeavoniing to anr-
ftrise the Tower and raising of men, and pKpfr-
ring of shipning and guns, and this on paipoae
to surprise tne Tower . Thatthere was an evil
design, a very wicked notorious design of seiz-
ing the king's person and kiUing the king,
that is moat certain, you have heard it Sj
a^freat many witnesses, and it is a thine, 1
think, not to be doubted of by any. Thd
<iaestioo .is, whether this man be gmlty oC
it, and bat^ undertaken any thing in .a rela*^
6S5] STATE TRIALS^ 35 Charles II. l6$3.--/or High Treason.
ikm to it ? Look yba, you onght to ha?e in
such cases of higb treason, as yon have been
told, you OQfffat to hvre two witnesses against
% persoD. Here are two witoesses proaucecl,
one of them does speak rery shrewdly to the
case, and tells you, be bad it fVom this person
himself; thatte had spoken with Croodenough
about this matter about surprising the Tower,
and tiiat it was an easy thing to surprise
the Tower, and that he could do it ; ihat
he had a ship refidy, and he would under-
take that SOO men should be ready ' with
mortar-pieces from Southwark side, to throw
them and beat down the Tower, so that it
might have presently been down. First,
Hr. Leiffh doth say, that the captain there' at*
the bar, ttiat he was oftentimes with Mr. Good-
enough, and Mr.' Rouse, and others, who it is
plain were in ^at design, both Rouse and
Goodenough was, and that he heard 'Good-
enough say, that the captain had undertal^ it,
and he says that the captain had discourse with
Goodenough about ii. He says, the captain
asked him, in order to^this, what money could
be raised, and he told him there was 40,000/.
«iid the captain told him, that was but a
small matter, the seamen would eat up that ;
and Goodenough told him, there was a greater
bank in Holland, that would be brought over.
So that this endence goes a great way. Bnt
then, gentlemen, you must consider whether
yon have another evidence or not^ There is a
person that you Call Mate'; the Mate doth give
adark Idnd of an evidence : he does say here,
that be and the captain had discourse about
the way of taking the Tower, and he be-
lieves it was in order to take the Tower ; bnt
he doessa^, when he heard it, nobody was pre-
sent but himself, and he was of one opinion
how the Tower might be taken, that is, by scaling
ladders and hand-granadoes ; and that the cap-
tain was of another opinion, whether it might
be the better taken by mortar-pieces, thrown
from Southwark side ; but whether the captain
had any notice of this design of taking it, he
cannot tell, or whether he had any acquain-
tance oonoeming it. So that this evidence does
8«em to be somewhat dark. Whether this
were sportive, or a trial of thdr skill, or whe-
ther it was a desisn to have counsel and advice
one of another, wnicbw^ to take it, Imust
leave it to you ; whether it was done vfith an
intent and design, for to find ont the best way
in Older to the taking of it But if it were only
a discourse at lai^ere between them, and endea-
rour to try t^eir ^ud^ments one with another,
andspeakiogtheir minds one with another in
4bat case, then this evidence doth not come home
to make him guilty of the plot of taking
tfae Tower, or taking away the king's
life. He^tells you, he did speak of a Ixdl
to be thrown un ; but whether he ever
heard of the other aesigu that Leigh speaks of,
the first Leigh, Thomas Leigh, of throwing up
a ball by seamen, in order to the taking of the
Tower, he knows not. Ldgh toys, the first
witiien, he does not know any thug whether
[666
this 'man at the bar was ever acquainted with the
ball or not. If upon what you have heard, you
believe there are two witnesses to prove this
gentleman at the bar guilty of this design of
surprising^ theTo%ver, and killing the king, and
taking the Tower, in order to it in this
manner; then you ought to find \}\m guilty:
but if you have not two witnesses, that do tes-
tify the thing, then, Gentlemen, under two wit-
nesses a man cannot be Guilty,
After which tho Jury whbdrawing to con-
sider of their verdict, iii a short' time returned,
and brought him in Not Guilty.
Saturday I4th July, Lord Russell was brought
to the bar.
CL of Cr, William Russell, esq. hold up
,thy hand. (Which he did.) Thou hast been
indicted tor high ti'eason against our soveveiffn
lord the king, and thereupon hast pleaded Nat
Guilty, and for thy trial hast put thyself upon
the country, which country hast found tnee
^Ity. What canst tliou say for thyself why ^
judgment of death should not pass upon
thee according to law ?
Ld. Russell, Mr. Recorder, I should be very
glad to hear the Indictment read.
Alt. Gen. You may read it.
CL qfCf' Will you have it read in Latin or
in English i*
.lA, Russell. In English.
The Clerk read to the words, " of conspiring
the death of the king.*' (See p. 579.)
Ld. Russell. Hold, I thought I had not been
charged in the indictment as it is, of compass-
ing and conspiring the death of the king.
Att. Gen. Yes, my lord.
Ld. Russell. But Mr. Recorder, if all that
the witnesses swore against ine be true, I
appeal to you and to the court, I appeal to you,^
whether 1 am guilty within the Statute of 35 £.
3. they having swore a conspiracy to levy war,
but no intention of killing the king : and there>
fore I think truly judgment ought not to pass
upon me for conspiring the deaui of the lung, ^
of which there was no proof by any one wit-
ness.
Att. Gen. That is no exception.
Mr. Recorder. My lord, that was an excep-
tion proper (and as I think you did make U)
befi>re tho verdict ; whether the evidence does
amount to prove the char^e,that is proper to be
observed to the jury ; for if the evidence come
short of the indictment, they cannot find it t(»
be a true charge : but when the jury has fbund
it, their verdict does pass for truth. We afe ,
bound by the verdict as well as your lordship,
we are to go by what the jury have found, not
their evidence.
ljd» Russell. Without any proof?
Mr. Recorder. The jury must be governed
by their evidence.
Ld, Russell, I think it very hard I must be
«67] STATE TRIALS, 35 Charles U.l683^1Wil0/»l«itfmJ>rrfJhim«, t«*
0ttiideiniled iiMtk-a point that there wu not one
tbmgofitBwoni; md theieibre I thuUc 1 may
TOT keaily deuMDd Jtnest ofinteneiit.
Mr. Icecvrdler. I hope your lonuhip will con-
lnder,itiB]iotthe court can give a ▼erdict, it
mint be the iury. I believe there if nobody
in the court doeg delight in giriog such ji^-
ments, eepedally asainet voor lordahip. The
verdict ia found, and the king's attorney ge-
neral on behalf of the long doea demand it.
Att. Gen, I do denumd judgment of the
Court against the prisoner.
proclamation, made for silence, whilst judg-
ment was given.
m. Recorder. (Sir GeorffeTreby.) Mvlord
Russdl, your lordship hath been indicted, and
tried, and found guilty of hijg^h treason, the
greatest of crimes : your • ouality is great, and
TOUT crime isgreat: and I hope and expect,
ttiat your behaviour and preparation in this
condition will be proportionahle. My I5rd, it
is die dnty of the witnesses to give evidence
according to truth •, it is the duty of the jury to
' according to evidence ; «nd it is the
^ty^the Court to give judgment according
tn tne verdict. It is the king's pleasure sig-
iiilied by his attorney general, to demand
judgment against your lordship aocordinfto
this verdict, and ttierefore, my lord, I shall
not delay it with any fbrther circumiocution.
The judgment the law hath provided, and is
the duty of the Court to give, is,
.«' That you be carried back again to the
^< place from whence you came, and from
«< thence be drawn upon an hurdle to the place
<« of execntion, whoe yon shall be banged up
«< by the neck, but cut down alive, your
«* entrails and privy members cut off from
«< your body, and burnt in your sight, your
«< Wad to foe severed from your body, and your
<< body divided into four parts, and disposed at
« the king's pleasure. And the Jam hare
^.merey upon your soul."
Ait, Gen. Set up the other now.
CI. afCr. Bet captab Walcot to the bar.
Rouse and Hone.
Which was done, and they bid severally to
hold up their band, which they did; and
captain Walcot being asked, what he could say
why judgment of death should not be passed
upon him, ludd,
Capt. Walcot. 1 have nothing to say ; only
I iiave one favour to beg of the Cevart ; whe-
ther it be proper to beg it now or no, I can't tell.
Mr. Recorder. What is it ?
Capt Walcoi. 1 would beg the frvour, that
tbeyoutfafmy son might come and see me,
and aome of my fnea£.
Mr. Recorder. Capt. Richardson does not
deny it to any man after he is condemned.
That is a piece of humanity you need not adc:
Inaver knew it denied.
Then Hoqe was adcad wfant ho could say
against jndgment.'
Hone. I beg the same favour.
Mr. Recorder. Ay, ay, God ^Nbid! Yon
had best ask for some, divine to oome to jrou.
Then Rouse was asked the same questiim.
Rouee. I would speak of the disadvantagea
I had when I came upon my trial. When I
was put upon my trial, yon know very wdl, I
b^;ged the ftvoor of some things : one was a
copy of the indictment, when I saw a person
come before me, who in bis own consdence
knew was the author of all these thinga. I
have nothing to say against the judgment or
veidiot Idwayahad a great veneration for
the constitntions of the kingdom. I prav
God forgive them that came against me*. I
wish I bad no more weight upon mf legs,
than I have in my own conscienoe. I prayedl
a copy of my incuctment. Thcae things un-
expectedly came upon my trial, thai I had net
opportunity to speaJc what I shouM.
Mr. Recorder. Weare content to hear yon.
Botobserve, you are lo answer the question
that is asked, why judgment should not pass
upon you ? You say you won't speak agm^
the jury, we must notkear you, nor against
the verdict.
Rou$e. I have one word more, and that u,
the vast diflSnrence between the indictment and
thor oaths. The indictment vras. That such
and such words and discourses ^aspd the Sod
of March. The oaths sworn were. That ihe
words were not spoken then, but thejsst of
June, which was three months difference ;
but however the jury have pleased to find it I
must throw my sdf at his majesty's feet : I
have nothing more to say.
Then Silence was proclaimed, and Judg-
ment given against Walcot, Hone, and Rouse,
in like manner as upon the lord Russel.
The EXECUTION of Captain WALCOT,
JOHN ROUSE, and WILUAM HONE,
on Friday July SO, 1683.
Captain Thomas Wakjot being drawn m
Tyburn in one hurdle, John Rouse and Wil-
liun Hone in another, and there pot into a
cart, the reverend Dr. Thomas Cartw|M*t,*
dean of Rippon, and one of his miyeaty 's ^n-
lains b ordinary, with Mr. bmith, the ordi-
nary of Newgate, acquainted captam Walcot,
That this was the kist time he bad to spend in
the world, and therc3br» desired bun to make a
good use of it, telling hnn, « That aa d^
< leaves him, so ju<tone&t wUl find him }' and
earnestly exhorted him to make an ingenuoot
discovery and confesacn of what be knear
touching the conspiracy acd treasons, or
• This I coudade was the same Dr. Tho-
mas Cartwright, who was silerwards bishop
of Chester, and one of king James the
Second's £oclesiastk»l Comm»aoner8. 6^3
their Proceedings in this CoUectkm,
669} STATK TRIALS, 35 Chablbs II. 1 683.-;^ Bigh 1\reMH.
[GT^
which he had been fiNmd gfiulty, tnd reccif cd
■entence to die.
To this Q»pt Walcot relied, That he fa«d
some papers m his jacket, of what be had pre-
pared to 8ay» in wntbg, because his memory
vas bad ; therefore he desired they might tie
ptiOed out, and he woold read them.
. Then Dr. Cartwright and the ordinary spake
to Hooe and Roose to the effect bdbre-men-
tioaad, earHesUy desping them to confess the
-vrhole of what they knew ; instancing some
places of Scriptures, to them, as Joshua's ad-
Tice to Achan, &c. * My son, confess, and
* give glory to God, whom you have (tisho-
* noured,' &c. telling them, they woold have
imbrued their hands in the blood of a merciful
and good prince, who had often pardoned, and
ETC many acts of oblinon and indemnity to
isuljects ; and whose rugn hath preserved
the parity of the Protestant religion amongst
us : that we cannot enioy nKNre' than we do
e^ioy : with other good admonitions for them
to make clear discoveries of the truth of what
thevknew.
Captain Walcot, in the mean while, was
preparing to read his i^eeeh.
Dr. Cartwrigkt asked him, if he could dis-
oBver any more than he had done already ?
W^icot. I've not in the geoaeral. I told the
king the thing was laid very deep : there was
« centleman with me last night. I told him
wnat I told the king, and that was all : I told
him, 1 thought an act of indulffenoe would
be very necessary, because he had a great
many men to take judgment of. I know not
the particulars of the deaiiffn ; but the Idi^
hath the lord Howard, Mr. Wc«t, and others,
that know more than 1. I was never in
eoancil with them, nor never with them above
fbor, five, or half a dozen times.
TbeniookiDg upon his Paper, he began his
speeches ioUows:
<< This great concourse of people, do not
only come here to see me die, lint also to
hear what I shall say ; but because I would
not be reproached, and thought to be an atheist'
when I am gone, I have two or three words to
apeak for my religion. I do beliere in three
persons, and one God, and I expect and hope
to be saved by the merits^ and righteooancfla of
las Son Christ Jesus, without £e hope of an
advantage by any merits or nghteouaness of
my own. An4 I believe, that the Scriptures
of the Oldand New Testament are the Word
of God ; that * they were not written aocord-
* isf to the jvill of roan, but holy men of . God
^.vrrit them aa they were inspired by the
* Holy Ghost'
** 1 believe that these Scriptures ought to he
^ rule of our fiatb, and tne. methra of our
worshipping of God : I believe that as Christ
is the head of his church, so he is their law-
giver; that it is not in the power of any
.i^yoncil or concl»re oC cardinals, or power upon
earth whatsoever, to set up the precepts and
tiaditionaof men, and to maketnemofeqaal
validity wiOi % woid ^ God. I befieveit
was not beoanse the Jews reacted and wit*
cified Christ, that he selected them, kit be-»
cause they rejected his word 3 which ap-
pears by the three thousand that God by
one Sermon of Peter's converted $ they being
*' pricked in their hearts, and touched in
' their consciences,' cried out, * men and bre*
* thren, what shall we do P And they weiw
'that day added to the church.' U wm
certainly because the Jews r^ected the word
and gospel of Christ, that * the things were
* hid from their eyes which belonged to
* their peace.' It is a dreadfhl tlung to
rmct the Word of God ; and it is a dread-
ful thing to live in a sinful oourse of life, till
God withdraws his spirit from us : for it in
said, < It shall not always strive widi man.
' Death is the wages ai sin.' I believe, had
not Adam sinned, he and we, his postecity,
Ind not died. Death is said to be the laaag o£
Terrors ; but it is only so to those that are terr
rified with a terrifying conscience, that have
the arrows of the Almighty sticking in then,
from convictiona of great guilt, and see no-
hopes of mercy, have no assurance of pardon ;
but those that are Christ's, he takes away the
terror, and horror, and sting of death ; he en-
ables them to say with Paul, * To me to livn
' is Christ, and to die is yifain.' He enables
not only to get unto Christ, but. into Christt
and so they have * communion and feUow-
* ship with the Father and the Son.' li is ii»
hard matter to get the notions of the pnMmse»
of the gospel into our heads ; but unless ik»
Lord is pleased to apply them to our hearts^
we cannot believe ; except we be in Christ
* as branches in the vine,' we are not Chris-
tians indeed. It was the case of poor FrancMT
Spira : he was certainly a knowing man, b^
notwithstanding he had not ftith to apply tibe
promises. Chpst hath said, * That he tnat be-
' Heves in him, though he were dead, yetr
' shall he live ; and he that lives and believeoc
< in him shall never die.' So if we , be able to*
apply the promises bvthe spirit of God, we*
may have comfort tnroogh faith: but then
* ¥Mk is theC^ft of God,^and * Faith cornea^
>■ by hearing' the Word of God, and receiving it;
in the love ofGod.^I diaU not be tedious,
Mr. Sheriff ; I iihaO be very short.
Mr. Sheriff. Tkke your own time.
Walcoi. As to the present occasion of my
death, I do neither blame the judges, nor the
jury, nor the king's oouneil \ I only blame
some men, that in reality and in truth wer»
deeper concerned, and more engaged than I.
d^^une in as witnesses a^£? me, wh^
swore me out of my life to saive their own ;t
and who ibr lear they should not do it eflhe«
tnaUy, contrived thi^ ^ffaich I will* iippej|l te'
yon all, whether there be a probabSi^ in it
otnol ; fbr they ssid, that I nitde it a.8crvpfo
of conscience to have a kand in killing the Idng^
or to embmemyhandsinfais YAooSy hot mm
so genenusas to undertake the chaigii^ fai^
gnuds whilst otiien did it, and to&eendaae-
9nr might do it TMy I will appeal t» 41
671] STATE TRIALS, 35 Charles II. 1(583.— Tritf/ ofWiHiam Lord Fksull, [jSja
that know me, whether they believe me so
much aoideot, that I 'should not undeititand it
i;r«8 the same thing to engage the king's
guards, whilst another killed him, as to uU
him with m^ own bands. But, however, by
their sweanng against me, they have secureil
their own lives and estates, and made my blood
the price of theirs. I confess I was so unfor-
tunate and unhappy, as to be invited by colonel
Bumsey (one of the witnesses against me) to
some meetings, where some things were dis-
coursed of, in order to the asserting our liber-
ties and properties, which we looked upon to^
be violated and invaded. But it was he, and
Mr. West, a(hd some gentlemen that are fled,
w^owere the great promoters of those meet-
ings. I was near a quarter of a year ill 6f the
gout, and, during that time, Mr. West often
visited me, and still his discourse would be
' concerning X* Lopping the two sparks ;' that
was the word he us^, meaning tne king and
the duke ; and proposed it m^ght be done at
a play. This was his ftequent'disconrse ; for
he said, then they would die in their calling ;
it was his very expression. He bought arms
to do it with, without any direction of mine ; I
never saw the arms, nor I never saw the men
that w^re to do it ; though they said they
had fifty employed tcfthat end. 1 told sevei'al
of them, that the killing the king would carry
such a blemish and stain with it, as would de-
soend to posterity ; that I bad eij^ht chiklren,
that I was loth should be blemished with it ;
and withal I was confident the duke of Mon-
mouth would revenge his father's blood, if it
were but to vindicate himself from having any
hand in it. Mr. West presently tokl me, that
the duke of Monmouth did not refuse to give
an engagement, that he would not punish those
that should kill the king.
*' And now I desire to forgive aU the world
from the very bottom of my heart ; and I pray
God of his mercy from my heart to forgive
them, even Mr. Sineppard, who delivered me
up, who promised to carry me into Holhi'nd ;
but instead of that, he brought me into the con-
dition wherein I now am. I do desire with all
my heart to forgive the witnesses, and witba),
do earnestly beg, that they may be observed,
that some remaiks may be set updn them,
whether their end be peace, and that the^ die
the common death of all men. Certainly,
thoiiffh it be the law of the land I -ot^t to die,
and the king may justly and reasonably put me
to deitfa lor being in those meetinga where a
war was debated ; yet I think these men are
IpiiltV of my Uood, that were as deep in as I,
and nave betrayed me, and taken it away.
Then in the next place, I bc^ leave, mt.
Sheriff, to speak one short word of nulvice to
my friends, that bath been often given to me,
thongh I wafe not so fortunate and so hap^ as
totaxeh; and that is, that they would neidier<
hear any man speak, nor sp^ Cbemsehres,
that which they would not have rqwoted; for
there is no saeh tfauig as. faith in man to man,
irtnterer there ii in man to God : Either the
■
tears of a wif^ or a family* of little helpless'
children, something or other, will tempt and
provoke men to^ betray one another. When
God hath a work to do, he will not want in-
struments, for he can make them ; hor will be
want a way to doit, for he can contrive it, and
bring it to pass. And 1 do most heartily desire,
and my earnest prayer to the Almighty is, That
this may be the l{ist blood spilt upon this ac-
count. I know, acts of indulgence and mercy
in the king would make him much easier in his
government, and would make his people sit
much easier under it ; and that the Lord may
incline his heart to mercy, ought to be the
prayerof every good man. What hath hap-
pened, and wliat hath been the present occasion
of our calamity, I suppose every man knows,
what provocations have been on the one hand,
fears and necessities, jealousies and snfferinga
of the other, I will not intermeddle with, re-
solving to use my utmost endeavour to make
that peace and reconciUation with my God,
which is impossible for me to makewitli man ;
and to make it my hearty prayer to the great
€rod, before whom I am in a little time to ap-
pear, that he would staunch this issue of blood,
aod find out some other way to preserve these
kingdoms in unity and- peace to thejionour and
fflory of his great name, and the eternal com-
rort of his people.
''One word, Mr. Sheriff, I desire leave to
speak as to Ireland, because the king pressed
it hard upon me, and several people have been
with me about Irdand, how far Ireland was
concerned in this matter. I am very^'inclina-
ble to beUeve, could 4 have charged any body
there, with heine engaged in the matter for
which I suffer, 1 mi|%t nave had my life ; but
by the blessing of God I will charge no man
wi-ongfuUy, no not to save my own life ; and
these being some of the last words I am to
speak, I do aver here, as in the presence of God,
before whom I am now going to appear, that I
do not know an Englishman nor Prot»tant ^n
Ireland engaged in it. What I did know, was
onlvofone Scottish gentleman in the north;'
and the lung knows it, but he says he does not
believe it. For they that were concerned, I was
never in any of their councils : I never saw any
of those lords but the duke of Monmouth, aod
that was, I believe, above six months aco. I
never saw nor spoke with one lord, odTy my
lord Howard, i heard my lord Howard say.
That they did not value Ireluid, for it musl
follow England.
« I have no more to say, Mr. Sheriff; bat
truljr yon will do an act of a great deal of cha-
rity if you will prevail with the king for an ad
of indulgence imd liberty to his people: I
think 80 : And so the I^rd have mercy upon
me.
Dr. Cartwrighi. Youbhune them for diat
which is their virtue, and not their crime i
that they have been' witnesses for the king.
Walcit. I was not for contriving the deatli
of the king, if yon will '
€79] STATE TMAIA 35 Cn^BLES IM$83.-/«r J^il Ti-MJM.
cer4
Dr. C0rtmrigkt4 You bbme tbcm for be-
ftrajiDg of yoa in coDtrivuig the war. upon
wKuGh the <£eath of the king must have foUow-
«d, if your treason had ffone forward, for else
yoa could not ha?e defended yourself from
that justice ^ which he .hath brong^ht yoa ;
and therefore for yoa to lay that as a crime
upon yoor witnesses, is indeed very strange.
Walcot. Sir, I think it was but reasonable, duty.
that church in that way you were instructed
from your youth.
Walcot. I do not oome here to dispute of
relfgion, but I cAne here to' die reli^ously^ if
it please God to enable rae.
Dt*. Cartforight. I pray God ^ enable you :
But I would not have you charge that as a
crime upon the witnesses, which was their
that I should suiTer that is due fromjusttee,
and reasonable by the law ; but these men, tliey
did not come in against me, till they did it to
nve tbemselTes.
Dr. Cartwrighi. Better late than nerer :' A
man had better save his soul and body too,
than die, as now you do, for crimes that ought
to make every good mania heart relent; and
therefore for your blaming them, it was for that
which was their duty to do ; they , have not i
WaUot, I camiot tell how to ercuae my
witnesses for aggravating thinss against' me^
and making them worse than r^ly tney were.
Dr. Cartwright goin^ to reply,
WaUoi. Ptay Sir, give me leave ; for a man
to bfite a man to a meeting, to importune
him to this meetioff, to be perpetually soliciting
him ; and then deuver him up to be banged, as
they have done me-
, , Dr. Cartwright. It was a crime to solicit
committed a crime in that, but a very merito- I you to those meetiiigB ; but when you were io^
-: ^ j^ ^.^ ^ ^jj^ ^ y^^ ^^ j^ them to revttl it:
nous act.
Walcot, They have revealed it with that
aggravating circamstancey which I think no
^tiond man will be guilty of.
Dr. Cartwright. That drcumstanee which
yoa call aggravatipg, is no aggravation at all ;
put is rather amitisation or your crime, to
make them believe mat you were tenderer of
the king's person, than to shoot him when he
was not armed. But you confess you were
consulting this crime.
Waicot. 1 was not to have a hand in the
Id^'s death.* /
Dr. Cartwright, But it was proposed when
' you were there. — Walcot, It was so.
Dr. Cartwright, And it was agreed to be
^ne.
Walcot. lVu(y I GO nptknow how far it was
i^preed; I was there many meetbgs.
Dr. Cartwright, These many meetings you
ooold not but be sensible of.
Walcot. There were sieveral meetings,
wherein the business of the king's life was
never spoke of. «
Dr. Cartwright. That was agreed A those
meetings ; batyou had a tenderer conscience.
Walcot. 1 say, they were for asserting our
liberties and properties.
Dc Cartwright, I would fain have you ex-
plain that.
Walcot. Truly, Sir, since you press me to
ipeak, we vpere under general apprehensions,
and so were those lords mat are likely to suffer,
as I have heard; they were under general^
apprehensions of popery and slavery coming
in.
Dr. Cartwright. What sign was there of it?
You had DO persecution at all ; you were al-
lowed by law to meet five in a house, besides
those of the family. It is true, the convsn-
tides have been disturbed of .late, and I would
have yon look upon it as a judgment of God to
bring ypu to this for forsaking die church of
Hn^and : Yon have forsaken communion ^th
* See the observations of Bfr. Fox, as ^piotsd
lareafter in Rumhokl's Case» a.^d. 1686.
If God had given you the grace to reveal
them, the turn had been theirs, which now is
yours. And whereas you say you cannot ex-
onse them, that is uncharitable.
Walcot. I do forgive them, and 1 d<»W
with aD my heart G<m would forgive them.
Dr. Cartwright. You confess you were
gu&ty enough to take away your life *
Walcot, I was so. The same measure we
mete to another, that measure God will mete
to us : Then, Sir, ( do leave it to God.
Dr. Cartwright. Then you pray this nuj
be the last blocS spilt upon this account?
Wfikot, I do so.
Dr. Cartwright. Would you not have trai-
tors brought to their end P You talk of spilling
blood; if as if it were innocent blood now spilt^
when yon do confoss and own the guilt. jBufc
I will give you no farther disturbance, but my
prayers to Almighty God for you, that God.
would giro you mercy. — And then turning to
Hone,
Dr. Cartwright, Mr. Hone, give glory to
God, and unburden your conscience; for you
have bat a short time to stay here.
Hojie, I have nothing farther to saj, hut
that I have been guiHy of.the crime.
Dr. Cartwright, You are so.
Hone, Yes, 1 am guilty of this crime aecord-
ingto the law Of the land.
Dr. Cartwright. Aye, and according .to tha
law of God.— Ifone. Yes.
Dr. Cartwright. Yoa say, aecording to the
law of the land, a man may be sworn out of
his life hy false witnesses ; but ^u vi^ere guilty
of conspuring Uie death of the lang,andjraising
an insurrection.
Hohe, Truly I lAust say, as the captain well .
minded, I was drawn in. ''Thou sawest a
* thief, and thou consentedst with him :' So I
say, that 1 was drawn in : I saw the thief, and
consented ; I have looked upon myself since
to be the more guilty of blooa, and my circanu
stance was to be drawn in, and ensnared ; for
I never was at any of their meetings, none of
their cabals, but in a public coffee-house ^r
2X
675] STAT£ TRIALS, 35 CHARtts*!!. iSsJ.-^IVto/ of WitUiim Lord RusuU [€f 6
rarions emptnytncnts llial I liarre been eter-
cised in, both here aod beyond sea: it has been
itiy lot to h\\ under sadi ctrcnmstancet and sach
misrepresentation^ and censures, upon the ac-
count of some public emptoyments that 1 hav*
been ih for the king, kod ai ter I returned from
Flanders, upon tlie accm^nt of disbanding ; St was
almost xnorally imj)Ossib!e for such a one in my
Capacity to stand right hi the affections anO opi-
nious of all ueople. 'When I was ennployed m
Flanddrs in the pay ment of that army, I was then
between two rocks ; I will le&re it to the judg-
ment of all sorts of people. You know torn
country, I need not particularize, nor reflect
upon opinions, and the Hke. But I having
been bred up in England, and had that educa-
tion it pleased G6d to mve, I was not fond of,
nor carried off with, Siat debauchery in those
tavern, where they discoursed the matter of
'Ihct ; and I waisrto meet the kiocf ahd the duke
of York, but 1 did not know ^t tnat time when,
or where, nor what was my business.
J)T,Cartwright. But you were to assist?
Bone. Yes, I promised that, to assist.
Dr. Curtwright. Do you beg God and the
king's fbrgiveness for it from the bottom of
your heart, that you have been gnilty of this?
' For if the blind lead the bliiidTboth shall fall
* into the ditch ;' as well he that leads, as
he that is led, although he that leads may fall
deeper. There are circuiinstances make one
man^s crime greater than another ; the great-
ness of theii's does not lessen yours.
Bone, I believed that then I was very near
another snare : I was resolved to go down into
tlie country, and not meddle in the thin^ at all ;
and had been in the country, but meeting with
Keeling, (I freely forgive nim for whatsoever
is done) he called Uic ; and discoursing with
hiin, I did say I was for killiug the king, and
saving the dujce of York
Dr. Cartxcrieht. Why was you for saving
the duke of York?
Hone, I do not know what to say as to that:
T^ere was no reason.
Dr. Carttrri^ht, What was your own pri-
yate reason for killing the king, and saving the
duke of York?
Hone. As to that, I think tliis : Tliat the
duke of York did openly profess himself to be
a Koman Catbohc, and I did say, 1 had rather
dispose of the king than the duke of York. .
Dr. Curtwright. Had yoii rather a Papist
should rei^ over us, as bun you take to be,
than the king?
Hone. I do not know what to say to that.
Dr. Cartwright. That does deserve a reason,
Mr. Hone ; you ought to give some reason of
that; you cannot but have some reason.
If you had a desinrn to kill the duke, and save
the king, then it might be to prevent popery;
but you say the quite contrary. God in Hea-
ven forgive you lor your murderous design !
^ Hone. I know as little of this as any poor
silly man in the world ; I was fain to gather
Jt ; Iliad it not so downri'jht ; I waS drawn
into it ; however, I am now to die : As for the
TvitncssGS, I desire the I^ord to forgive tljem.
Dr. Cariicright. They have not wroiiged
yon, they have ilone their duty.
Dr. Carta ri^ht . Rouse, VVhaCsayyou?
JRo7/se. " hfi a ir.an, and a christian, in the
first place, as God hath made me a christian
through his grace, that the world nriay under-
itand, that I do not die a^ captain Walcot saj's,
an Atheist ; I do here declare, in the presence
of God, and this vast iijiuber of people, what
faith I die in : in that very faith which was
once delivered, and in the belief of that doc-
trine which the church of England makes pro-
fession of, and is agreeable to the word of God,
toeing founded upon the doctrine of the pro-
phets and apostles, whereof Jesus Christ Is the
corner-stone. There have been various opi-
niotts coQcermog me, opoa the acconnt of the
times; and sometimes, more than once or
twice, it was my lot, tiiat 1 was like to bare
been murdered tor pleading fbr, and nist^ring
the actions of the king of- England, mnce
my return, and being employed nnder mr
Thomas Player, and some others, abcrait
disbanding, there it came to my lot, because
I could not humour some gentlemen, wfae
neither feared God nor honoured the kfng,
(1 will not say so of all ; for 1 know w>me were
very worthy gentlemen, that scorned anyet
those actions, wMcli some w»uM attempt.
There is one worthy gentleman I cm spML
yery konourabhr oQ ^^ so they might nave
their pockets full of money, did not vwoe bow
the accounts were stated ; and at the very same
time I was under many temptations, orhand-
fols of guineas in my nand to do so and so, to
cheat the king : and because I would not lin
that, I was loOKed upon as a Jesuit. I did
waive all thesethings under those circnmstanoei.
It hath been ray lot likewise, being employed
by sir T. P. and the rest of the commiasionen,
to fall into those companies and places where
my lord Shaftesbury and others have be<m ;
and have had s^me kind of disconrse, whidi
was not treason, but rather a thing that I ever
abhorred and declared a detestation of. Since
these hurly-burlics, concerning parliaments
goinor off and coming on, did discontent the
people upon one account or another, I confeM
I have been a hearer, and have understood too
much of some kindofmeetingSj which I pray
Got] forgive them for, and especially' those tint
call themselves Protestants, being ten thousand
tin;eA Vvor;e than any others. That there
have been such kind of designs, and meetings,
auddubs, I have not been ignorant of; God
forg-ive me that I have not been as carefid, and
as diligent, and as ready and forward to £i»
cover It a great while since ! That I ever had e
hand in it, or the least thought, or reaolntiott,
or intention, to appear in it ; hut rather, on the
contrary, have declared my opinion against H
both in the sight of God and man, as a brea^
of the laws of God, and the Taws of the land,
and contrary to our duty, who are bound to
pray for the icing, and all that are in authority,
1 do declare, in the presence of Ood, I am e
£171 STATE TRIAL3, 35 CHAELEa II. \6S3,^/ar High Treastm.
im
perfect stranjfer, and I ^hank God my consci. ] as to bfreak off. 1 always looked anon him aa
ence is clear. I liaTt acquaioted his majesty
IQ counsel, and I have had the honour to be
admitted into his majesty's presence in private
almost half an hour, on isatarday was se'nnight ,
where I was as clear and above-board^ and as
fiiithful to his majesty, as I could be. in an
humble manner, according to my duty ; wher^
I offered to have some time and place allotted,
that I might give lum a whole scheme of the
badness ; for there were k great many gentle-
men that had a rtepect for me. It was their
opmions, tliat I had a general knowledge of all
the clubs, and all the designs, that ever were
since the king came in ; but they were under a
mistake. I gave his majesty an account to
the best of my knowledge ; and when I had
doner his miyesty seemed to be pleased, and to
thank me fbr it ; but before I bad power to put
ii in writing, and wait upon his majesty, the
p|t>videnoe of God did so order it, the council
thought it.fit, that I should be committed to
prison, where 1 was some days. I ' have had
more kindness among Heatnens and Indians,
I pray God to forgive them for it : I had not
liberty to send to my wife, big with child in
two days, where. I was.
** Sir, I shall not hold you in suspence, and
nuhinly words, but what is most proper to this
occasion. What I have given to his majesty
in council and what I have spoken to his majesty
in private, is nothing but the naked truth to
clear my own conscience, that I may not go
outof the world with any thing upon me: I
wish those that call themselVes Protestants
would discharge their duty better to God and
the king, than either I or the best subject ever
did. Ihave looked upon it as an o£ligation,
ever since I kner^ what it was to be a man, to
carry myself obedient to those that God basset
ove^me, especially the king, and those that
are in authority ; and 1 have made it my prac-
tice to piray for the king, as for my own soul.
That it ha^ hpen my Tot to be acquainted %vith
those vanities of clubs, and persons, no rational
man will wonder, considering the circumstances
^nd places t was called to. fhere is one par-
ticular gentleman, Mr. Sheriff, I must desure
the &vonr to clear myself hy something that I
took occasion to speak of yesterday. I did &c-
2uaint yon, Mr. Sheriff^ with what I had spoken
> the king, howl was interrupted in the fur-
ther discovery of what I had a mind to say.
What was further said yesterday, it was no-
thing but the naked truth : in the first place
9S to what was afterwards discoiirsed of,' as to
flooae particular persons, namely and particu-
larly ar Thomas Plaver, I must do justice to
all the world. That ne hath been ae(]^uaint^
irith die lord Shafiesbnry none here will w;on-
^er; but that he hath been very shy of his
company since be came out of the Tower. For '
)be told me many times he never was in his
(company but once ; for he did not like some
things, and saw s6me designs, that he was afraid
wiere fWif on ; and thereui>on sir Thomas
yiaj€t was $Q umnioafi and honest to the kiDg
a very loyal subiect, and 1 mustdedare in the '
presence of GoJ, and all these people, I never
heard him speak one dishononrsi)]e word of
the king ; what he may have had with otiie;^,
is best known to himself. I have b^eu in
several clubs eatings and drinking, where it has
been discoursed to accommo<]ate the king's
son, the duke of Monmouth. That there was
a design to set up the duke of Monmouth,
I will not say, while the king reigns'; th.^gh
some extravagant hot-headed men have taken
upon them to discourse these things, but not
arty worthy man ; I know those that vrcre
worthy to be called by that name, have dc:
dared in my hearing, that in opposition to the
duke of York, if the king be seized, they
should stand by the dUke of Monmouth. There
ai'e others, (I will not give nick-names to any ;
yon are wise men, and Know what f mean by '
speaking in the general^ that were for a com-
monwealth ; ana some tnere were, two or three
persons, (I shall be as plain as I can, and I bone
you win bear with me, since it came to my lot
to come to the knowledge of it ; some were)
for the duke of Honmoutn, some for a common-
wealth, and some, but very few, nwt worth
naming, were for the duke of Bucks : But
that I think fell at last 1)etween these two,
bein^ the greater part, as tar as I did apprehend
by discoursing here and there in the city,
wnich I did very frequently do. But the way
of these gentlemeu's discoursing these things
was only one at a time, especially a very ^in-
dustrious gentleman, that hath made it his*
practice a long time, (for it hath been my lot
to be acquainted but two months, and that too
long) which is the witness that coVnes against
and I pray God to forgive him, and I
me
blame him not for discovering me, but for the
words he spake himself, by way of instiea^ng
me to enter into a design against the king ;
they were his own words, and not mine. 1
blame him not for discovering any thing where-
by the kmg may be served. H e did tell me seve-
ral times there were clubs in London, but I could
never get outof him the places where the clubs
. were. Yet I endeavoured what pbssibly I could
to come to the bottom of that design ; for my
int«nt was to make a faithful and true discovery "
that I might not go to Whitt^itall, or ajusticeof.
peace, with an idle story, or a sham ; But at
last I got out of them tliat Rich. Goodenough
was chiefly instrumental : This was a very few
days before notice was given, that this certain
person Thomas Leigh the dyer, was sworn
against by one How : I asked him the mean-
ing ; He told me, that How was a very rascal.
I asked I^igh, Sir, what course shall be
taken ? For, what by the Doctors-commons of
the one hand, and wtiatby the persecutions of
the other, we must think of a way how to re-
lieve it. There is some design in hand, says -
Leigh : don't you know ; No," said I, I would
he glad to hear, there is an invasion, said he
going on, a design against the king and the go-
temmeiit ; bat that was only a faUacy ; but he
679] STATE TRIALS, 35 Charles II. 1683.— Trml of mUiam Lord liusHtt [680
tain, one Blague, who was my /Krraiit tweDtj
one years ac o in Virginia : he nath been a Ter^
faithful and honest servant, I belieTe to bM
inuesty for these fifteen yean, and particu-
larly five years, in three of his majesty's men
of war. i know very well the man is of such
a princi|>le, that he abhors ifi engage in any
wicked design. But only Loigh disc^orsiiig
at random about taking the Tower, captain.
Blague gave this answer (for he is a Yery jocu-
lar noan :) If I were of a mind to take it, were
it for the service of the king, if there were an
euemy coming in, saith he, I would with six
ships well mann'd, and armed with gana, van-
dei'take to take the Tower. Upon what ac-
count he said it, I donH now know ; but I be-
lieve in my conscience he had no more design
to put such a thing in practice, than I have U>
cut my own throat at present. Captain Blague
had beard these discourses pro and corif saith
he, two or three hundred men would do it: It
is weak in such a place : I wonder his majesty
does not make it stronger. Now, when lie
came to swear, as soon as he was taken up« he
took occasion to swear against me, au the
discourse he used in pressing me to undertake
this design."
Sheriff Rich. Fray, if you have any thing
that was not told in court, discover it, but you
need not go over that which was in court.
Rouse. Mr.' SherifT, I have nothing at all to
say, either to blame the judges, or the jurv, or
the witnesses themselves, the greatest of ail. I
thank God, I was not any way to have bad
any hand in it : but the very words themselves,,
that came out of his moutn, he makes me the
author of; but I freely foi^ve him, as I de-
sire God would forgive' me : though be did tdl
me positively there were five hundred arms to
be brought out of the country. I heard of
such a thing, I confess, here and there ; but
could never know the authors of it, nor the
clubs wh^ne it was discoursed : it was lately that
he told me, Goodenough told him, that the
king was to be taken off as he came from
Windsor ; that tliere were several thin^ jbo be
done in order to it \ that they wanted a place of
meeting: and some thought of Salisbury-Plain^
and some of Black- heath, but the most con-
venient place pitched upon was Black -heath.
They were discoursing how to gather the peo-
ple together ; some were for communicatiDg it
privately, others for a ball. They asked my
thoughts : said I, The best way will be, if yoa
throw up a silver bedl, to get tne people t<^-
ther : for my design was to ffct wnat I could
out of !!•( t/i. ThereupoQ ne went to Mr.
Goodenj..^h, and discoursed him, and told
him, that my opinion was, to throw up a silver
ball, and declare, all those that will come and
drink a bowl of punch shall be welcome ; and
tliat by this means diey would have gathered
thirty or forty thousand men in two or three
days time, which otherwise would have been a
fortnight adoinff: but for himself, I will not
blame liim, nor Iny any thing to his charge ef
which he is not guilty. I must needi giT«
disoovered afterwards to me, that there wbs a
resolution, and a certain number of people about
the city and the nation, to make an attack upon
the Tower ef London, upon the city of London,
upon Whitehall, and upon St. James's : I said,
M'hat do you design then?. Have a care that
\ou donH shed more innocent blood ; for the
land is stained with blood too much already!
No, saith he, the resolution, as Mr. Goodenough
saith,^ is not to spill a drop of blood, hut only
to secure the king's person, diat the papists do
not kill him \ and then, saith he, we will deal
with the duke of York as we please. They
were his own words, to the best of my remem-
brance. Afterwards this gentleman was sworn
against by one Mr. Keeling in Bast^Smithfield ;
saith he, he is a rogue and a dog, and I have seen
him but once these nine months, aiid I had no
discourse, but only drank a glass of drink ;
which proves since to the contrary. Being
then in company at tlie King's -head tavern in
Swithin's-aDy, near the Exchange, news was
brought, he was sworn against : He did not
know what to do, but fouim out a place near
London- wall^ and desired me to go to one or two
about the matter ; he knew not how to obscure
himsdi^ tiiiis house was beset, messengers after
him, and likewise a kind of judgment or exe-
cution i how to put both ends together, he
knew not. I told dim, if he would, I had a
bjEfd ; he might go to my house. I never heard
a word from Rich. Goodenough, one way nor
another, of any design against the king and
the government, whom I have known this
seven years ; only this Lee told me, his hand
was as deep as any other. It is true, this gen-
tleman comes and swears against me, that I
diould be the only person to engage in taking
the Tower of, London. Sir John —
— you
know very well in what capacity I have been,
and how very uncanable I was in my person to
take the Tower of London. I speak in the pre-
sence of God, before whom I am to appear in
a few minutes, I never had any such thought,
never had any such desire, never consulted
with any persons of quafity, never discoursed
ef ^y anns in order to it'; but only this I
was saying. Tliis fellow being set on, (and I
think a mure proper person than any man in
the/ivorld) for that he was a little low in the
world, he was under a temptation of being
thrown out by an Anabaptistical church, for
flome kind of failings ; he was under a temp-
tation to m&ke himself somebody ', therefore
he did close with Mr. Goodenough, and some
ethers; and when the first procl^ation came
tfbrth hie himself told me, (I never knew it be-
fore) that Bumsey, rapt. Walcof, Nelthrop, and
Goodenough, and West, were concerned m this
design ; he was the man told me ; And when
the second proclamation came out, then he
could tell me of those too ; I told him he was
a wretch he had not discovered it betimes. As
to bis swearing against me, for whicli God for-
f'lve him, that 1 had a hand in taking the
ower of London ; the thing is this : He knew
I was intimately acquainted with a certain cap-
6811
STATE TRIALS, 35 ChaeIqi^ II. lfi83.— /i)r Hi^ Trea$on.
[682
lum lus due. I do not remember, tttat ever be
insisted upon shedding of blood ; but that be
batb discoursed in very opprobrious terms, and
base langua^^ of the duke of York, by calling
huB rogue and dog, and such things. And
that we will do his worjc : that is true. And,
&at after the king's decease, the duke of Mon-
mouth, having a vog^e with the people, must
of necessity succeed. I cannot tell wbat I can
lay more as to that ; that is the chief thing I
have to say, if I have not forgot any thing.
Sheriff iZtrA. Mr. Rouse, you would do well
to name those persons that were with you in
that consultation.
Rouse. There was no consultation at all, Sir.
That I had was from this Thomas Lee's mouth
liimself^ That there were five hundred arms to
he brought in : that he bad it from Richard
Goodenou^h, and Neltbrop, and Mr. West ;
and that Mr. West particulaily knew from
whom these arms were to come ; for be gave
me a hint, that part of the arms were bought
.by Mr. West.
Sheriff RtcA. Whoproposedthe way ofthe
baH?
Jioifs^. Sir, he was saying, there were se-
veral propositions made in the club where
Goodenough was, and some thought of one
way, and some another ; but they could not
find out a proper way. Saith he, what do you
think? Said ]!,ifthe people meet together, they
may throw up a ball ; just in that careless Way
I said so. So he came to me afterwards, and
said, that he had discoursed with Mr. Good-
enough, aod Mr. Goodenough tdld him, that
there were forty thousand pounds in bank, and
if such a ball cost thirty or forty pounds, it
mattered not, to carry on such a design as that
was.
Here Captain Wahot spake.
Cant Wahot, Sir, I desire you to take no-
tice or this, among other things, that so far as I
ever heard of this business, it is of no longer a
date than August or September last : 1 would
not have this consequence of it, so as to stifle
the Popish plot. i
Sheriff'. Do you know any thing of the Po-
pish plot, that hath not yet l>een discovered ?
Walctft. No, Sir.
Hone: I had but the knowledge in March
last of this business.
Walcot. I do not know, nor ever heard, that
k was oldo* than August or September last.
Sheriff. Ordinary, do your office.
Ordinary to WalcOt. Have you fully dis-
charged your conscience ?
Walcot. I have. ^
But it being said, that AotiM was interrupted.
Sheriff North. If you have any thing to say,
Mr. Rouse, go on, but do not make repetitions.
Who pull'd his Paper out of his pocket, and
look'd on it.
Home. He declared further, Mr. Sheriff,
Hut whea oace the thing came so far, that the
Tower and the city were taken and so many
men gathered together, they would quickly in-
crease ; and the method was to go to White-
hall with swords in th^r hands, and to demand
privileges and liberties, not to take away the
kin^'sute, but only let the duke of York look
' to It : for he was resolved upon it, that he'
should not succeed the king. Then he de-
livers another paper, being his petition to the
king, and some more notes in short-hand;
Ordinary. Have yott fully satisfied yoot
conscience ?
Rouse. I hare, Sir, a word or two to apeak
to the people. I have dischargad my oon-
science, as to any thinsr as to what 1 was ac-
quainted with. It had been happv for me, if I
had not heard of it ; but that I had a hand in it,
I fiiank God, I am free.
Dr. Cartwright. Yon had, a hand in the
concealing ?— Boiue. That I had.
Dr. Cartwright. And in maintaining the
correspondency without discovering it, and yoa
do diminish your crime.
Rouse. No,.Sir, I don't desire it. Mr. Sbe«
riff, I do freely acknowledge and confess, that
it is'just in God in the first place, and righteous
and just in the king, tbntl die; and that I die
justly for concealing it. I would lay no blame
upon the king, nor any other person in the
world. I did pot conceal it upon any account
to his miyesty's preiudice, j^or any man in the
nation ; I hope God will give more grace to
those persons that do succeed. I beg a word
or two ; I had almost forgot, as a man, and as a
Christian, That it is a thing of such evil conse-
quence, I haVe found it by bitter experience
now, for such and such pubKc places to be'
visited, especially by those that are professors
of the Protestant reli^on, and particularly
coffee-houses, where it is very well known too
much time is spent, and families, and wives,
and children, suffer too much : I pray God the
people may take notice of it, and lay it to
neart, that spend their time so, thinkmg it is
but a penny and a penny, and so discom*se of
state afiairs, as if so be tney were God's coun-
sellors in thegOYemment of the world, running
from the coffee-house to die tavern, and fVom
the tavern to the coffee-house, which hath
been the debauchery of this' age ; and so bring
them into this dilemma, to discourse of those
things neither pleasing to God, nor the king,
nor uiemselves, but their prejudice. The pro-
fanation of the Sabbath-day is commonly dis*
coursed of in this- place, God forgive me for
not observing it as I should \ I pray God those
that follow me may be more careful of their
duty to God and man, for the good of them*
selves, their souls, and their families ; those
that are young especially, and coming up, that
thev may chiefly mind their concerns for eter-
nity, and that they would pay th^ duty and
homage to the king, and those that Gfoa haaj
set over them ; and not neglect that great com-
mand, to pray for the king, and all that are in
authority.
Being asked if they had any thing more to
9
»
€93] STATE TjSIALS, 35 C^arlbs II. iS^S.^Triul ^ WHliam JUrd UuueU [6^%r
say, they said^ No. Mr. Ordinary t^^en praved
^th tbetii, and sung^ a psalm, and then tqey
desired to pra^ theinselTes > which ' was
granted.
Having^ ended thdr respective speeches and
prayers, the eixecationer old hi^ omoe.
The execution of M>RD RUSSELL.
The next day was appointed for the execu*
tion of lord Russell.
About nine in the mormng the sberifis went
toNewgfate, to see if my lord Russell wasready,
and in a little time his lordship came out, and
went into his coach, taking bis farewel of his
lady, ^ lord Cavendish, and several other of
his friends at Newgate. In the coach were Df.
Tillotson and doctor Burnet,' who accompanied
him to thescafibld built m Lincoln's- Inn-fields,
which was covered all over with mourning.
Being come upon the scaffold, his lordship
bowed tothe'perso^ present, and turning to
the sheriff, made this iollewing speech.
" 3Ir. Sheriff;
<* I expected the noise would be such, that I
should not be Tery well heard. I was never fond
of much speaking, much less now ; therefore I
have set dowii in this pa|^ ^11 that I think
fit to leave behind me. God knows how far I
was always from designs against the king's per-
son, or of altering the government. And I still
pray for the preservation of both and of the
Frotestant Religion. Mr. Sheriff, I am told,
that capt. Wa£ot yesterday said some things
concerning my knowledge of the plot : I know
not whether the report is true or not."
Mr. Sheriff. I did not hear him name your
lordship.
Writer* No, my lord, your lordship was not
learned hy any of them.
Ld. iuii^tl, *' I hope it is not ; for, to my
knowledge I never saw him, nor spake witn
him i^ my whole life : and in the words of a
dying man I profess I know of no plot, eitlier
against the King's life, or the government.
But I have now don^ with this world, and am
foing to a better : I forgive all the i^rorld
eariily, and I thank God I die in charity with
ajl men ; and I wish all sincere Protestants
may love one another, ^nd not make way ior
popery by their animosities. I pray God for-
give them, and cpntinue liie Protestant Reli-
gion amongst them, that it may flourish so long
as the Sun and Moon endure. 1 am now more
satisfied to die than ever I have been."
Thm kneelinfi^ down his lordship pnored to
himself; afler which Dr. Tillotson kneeleddowa
and prayed with him ^ which beizu^ done, his
lordship kneeled down, and prayed a second
lime to himself ; then pulled offhjs peruke, jpygut
on his cap, took off }»s cr^y^and co^ and bid-
ding the executioner, after h^ had laid down a
amall moment, do his office wxthojat a sign.he
Eivehim some gold ; then embracing 9r. Til-
tKuimlJDtr, wm^^ h«l>fi» 4pw?i^w^th
his neck upon ,the block, and it w^s cut v^
at two strokes. '
The Executioner held up the head to the
people, as is usual in cases of treason, &c.
which bebff done, Mr. Sheriff ordered his lord-
ships frienos or servants to take the body, and
dispose of it as they pleased, being given them
by his m^esty 's &rour.*
* Lord Russell bad, m lord Stafford's C^se,
[see Cobb. Pari. His|. as there referred tol
denied tlie king's power to remit any part ot
the senience, (As to a variance in t&e execu«
tion from 4he terms pf the sentence, see yol. 7,
E^i. 1539, 1563, and also the Case of lady
Lsle, A. D. 1685, in this Collection). Upon
the conviction of lord Russell, the king in-
exorably resisted all applications for a pardon,
though to obtain it 100,000/, are said to have
been offered by the earl of Bedford to th^
duchess of Portsmouth. The king even re-
fused the application of Riissdl's admirable
wife (thou^ daughter to Southampton) for a
respite of six weeks. The parts of tne sentence
which were to follow the beheading, he how-
ever remitted \ and gratified the detestable ma-
lignity of his cold and selfish heart, by saying',
as has been related, ** Lord Russsdl shall find.
that I am possessed of that nrerogative, which
in the Case of lord Stafford ne thought proper
to deny me." Echard mentions this as a *' ^;axr
castical glance at the lord Stafford's Case.*^
Hume and Dairy mple rdatc the anecdote witb-
without a comment, or the slightest hint of
disapprobation: but Mr. Fox well observes^
'^ Cnarles's ill-timed hodst of his intended
mercy to Essex, and the brutal taunt with
which he accompanied his mitigation (if so it
may be called) of Russell's sen&nce, shew his
insensibility and hardness to have been such,
that in questions where right and feelinffs were
concerned, ^is ffood sense and even & ST*^
taste, for which ne has been so much extolled,
seemed wholly to desert him." Blackstone
alao (C^mm. Book 4, ch. 32, towards the end)
reflecting on Russell's conduct in Stafford's case
and Charles's speech of Russell, says, *' One caa
hardly determine (at this distance firom those
turbulent times) which most to disaipprove of,
the indecent and sanguinary zeal ot the syh-
j^ct, or the cool and crnel sarcasm of the so-
vereign." In the duke of Monmouth's Journal ,
it appears* that the king in conference with
Monmouth, *< fiiUing on the business of the
lord Russell, said. He indined to have saved
him, but was forced to consent to his death,
otherwise he must have broke with his brother.
And mhesk Monmouth was going to remon-
strate how cruelly that nome lord had been
dealt with, the king hid him think no nuwe o^
t^" In 4 council iC^led hv king James afiter
the binding of the JVince or Orange, the kinff
addressing himself to the earl of &dford, saia,
^ My iora, yott are a good man, and have a
great mfluence ; yon can do much for me at
thistime." To which Ifie earl replied, *' Una
«9o]4pao;ipi,<Qa9.do bittlitde: I once ^d
6B51 StATE TRIALS, ^5 CuAiLKS It. l66S.«-^<^ iStgh l^ida&n.
The PAPER MiTered to the Sheriff by «iy
Lord RUSSELL.
I thank God f find myself 9o composed and-
prepared for death, and my thoagfhtsso fixed on
another world, tliat I hop« in God I am now
a son, who could novt have been very serrice-
abte to votrr majesty."
See the Note to vo). 4, p. 989, of this Col-
lection.
It is proper to add, that I have not found in
Bnroet, North, Coke^ Oldmixou, Rapin, Ken-
iiett, Ral|^, or Harris, i>r in the article Lord
RiisseQ, m the Biogcaphia Britannica, or in
Btilstrode, Reresby, br VVelwood (the two last
of whom« indeed, are e)fti*eme1y brief on the
saUcct of these plots) any mention of Charles's
iiDieeling speech upon remitting some oir-
eamstances of RnsselPs punishment. Echard,
Hume, and Balrymple relate it, without men-
tioning any authority, and Blackstone refers
only to Hume. In relating the intercessions
which were made for lord Russell, Dalrjinple,
AppendLs:, part 1, p. 59, tells us, that it ap-
pears firom a letter of Ban lion, dated July 19tn,
1683 (in the Depdt des Affaires Etrangeres, at
Versailles) that upon lord RussclPs condem-
nation, the younger Ronvigrny [lady Rachel
Ka^eil's mother was a Rouriguy, and I sup-
pose the younger Rouvigny mrnfioned oy
Dalrymiple to have been lady Rachers first
consm] begged the life of Ru^ell from Louis
t^e 14th; that Louis consented to write to
Charles in his favour; that Barillon told
Charles, Rouvigny was coming over with the
letter, but that Charles answered, ' Je ne veux
* pas emp^her que monsieur de Ronvigny ne
* yienne pas ici mais milord Russell aura^ 1e
* col coup^ avant qu'il arrive.* f transcribe
this exactly as I fiud it in Dairy mple, yet it
may be questioned whether Barilton ever wrote
U; since, not to mention other faults in the
phraseoloffy and structure of the passage, most
undoubtedly the words < emp^cher que mon-
' sieur de Kouvigny ne vienne jwis ici,' cannot
signiiy, as sir John Interprets them, ' to pre-
vent monsieur de Rouvigny from coming here.'
And in the only other imaginable interpretation
of those words, they would reduce the whole
extract to nonsense.
[Since f wrote the prteeding paragraph, I
accidentally looked into the 8vo edition of Dal-
rymple, 1790, and I find that there sir John
4>mit8 the pretended extract from a letter of
Barillon (some one who uuderstood French
bad, I conjecture, pointed out to him the in-
ternal evidence of its spurioosness) and changes
altogether his method of relating the story.
He mentions the interference of Louis, &c. m
fab narrative (part 1, book 1, p. 48), where I
do not find it in the former edition, and in his
Appendix, p. 119, byway of authority, he says
merely, *« Barlllon's Letter of 19th July, 1683,
gives the account which I have given of Louis
14tfi interposing to save the life of lord Rus-
[6^
mntt weaned firom settuig my \i€iart on this.
Yei I (Cannot fotWr spendhig some time now,
id setting down m vrritmg a fiiUer account of
^my condition to be left behind -me, than I wftl
vdntnre to say at.the place of execution, in tlie
noise and clofter that u like to be ^ete. I bless
I>tir3rmple likewise gives us the fi)llowmg
as an extract from the MS, Noteaof lord Dart-
mouth (the Secretary of I9tate to queen Anne)
upon bishop Bnmet's History : ** 3Iy ikilier
told the king, the pardoning of lordKussell
would lay an eternal obligation upon -a very
great anif numerous femily, and the taking his
fife would never be forgotten ; and his father
being alive, it would have little effect upon the
rest of the family besides resentments ; and
certainly there was some regard due to lord
Southampton's daughter, and her children.
The king answered. All that is true; but it is
as true, that if I do not take his 19fh he will
soon have mine ; which would admit *of no
reply."
I^e then gives ns (from the Paper Ofiioe, as
I understand him) *' the Pelitiona Of the (Karl
of Bedford and of loid Russell for loid RusseU'k
life, mentioned in his Memoirs," [I oan find
only one Petition, that of the ear) of Bedford,
mentioned in the Memoirs, part 1, hook 1,
p. S2y Note: the other Petition probably is
what sir John, in the next page, calls one of
lord Russell's Letters to the lung : and if so,
be does not speak of it fairly], as follows ;
To the King's Most Excellent Majesty.
" Tlie bumble PETITION of WILLLIM
Earl of BEDFORD :
<* Humbly sheweth ;
" That could your Petitioner have been ad-
mitted into your presence, he would have kid
himself at your royal feet, in behalf of his un-
fortunate son, himself and his distressed and
disconsolate family, to implore your royal
mercy ; which he never had the presumption
to think could be obtained by any inchrect
means. But shall think himself, wife, aqd
children, much happier to be left but with
bread and water, than to lose his dear son for
so^ foul a crime as treason against the best of
princes, for whose life be ever did, and ever
shall pray more than for his own.
" May God incUne your miyesty's heart to
the prayers of an afflicted old father, and not
bring grey hairs with sorrow to my grave.
" Bedford." '
" To the King's Most ExceDent Majesty.
" The humble PETITION of WILLIAM
RUSSELL :
" Most humbly sheweth ;
^ " That your Petitioner does once more cast
himself at your majesty's feet, and implores,
with all humility, your mei'cy and pardon, still
avowing that he never had the least thought
against your majesty's life, nor any design to^
• I
6S71 STATE TRIALS, 35 Chablbs IL i6S3.— THs/ ofWilHam Lord Ibtmtt [691
God heartily for those many blessbgps, which
he in his iimnite mercy hath bestowed upon
me through the whole course of my life ; that
I was fom of worthy good pareuts, and
*' ' ■ ».^p^-. I . . .1 ly .»— I.
change the gOTemment ; but humbly and sor-
rowfully confesses his having been present at
those meeting, whicih he is convinced were
unlawful and justly provoking to your majesty ;
but being b^rayed by ignorance and inad-
Tertence, he did not decline them as he ought
io have done, for which be is truly and heartily
sorry ; and therefore humbly otfers himself to
your maiesty to be. determined to live in any
part of the world which you shall appoint, and
never to meddle any more in the afTairs of
England, but as your majesty shall be pleased
to command him.
'' May it therefore please your majesty, to
extend your royal favour and mercy to your
' Petitionei:, by which he will be for ever en-
, gaged to pray for your majesty, and to devote
his life to your service.
'' William Russell."
In the Biographia, is inserted the following
^ter,^ deltv^ed by hidy Rachel Russell to
the duchess of York :
*< May it please your Highness ;
" The opposition I have appeared ^n to your
highness's mterest, has been such, as I have
scarce the confidence to be a petitioner to you,
thoufth in order to the saving of my lii'e. Sir,
God Knows what I did, did not proceed from
any personal ill-will, or animosity to your royal
highness ; but merely because I was of opinion,
that it was the best way for preserving the re-
ligion estabUshed by law : in which, if I was
mistaken, yet I acted sincerely, without any ill
end in it. And as for any base design against
your person, 1 hope your royal highness will be
so Just to me, as not to think me capable of so
rile a thought. But 1 am now resolved, and do
faithfully engage myself, that if it shall please
the king to pardon me, and if your royal
highness will interpose in it, I will in no sort
meddle any more, in the least opposition to
your royal highness ; but wiU be readily de-
termined to live in any part of the world, which
his majesty shall prescribe, and will never foil
in my dady prayers, both for bis majesty's
pres^ration and nonour, and your royalhigh-
ness*s happiness; and will wholly withdraw
myself frbm the affairs of England, unless
called by his miyesty's orders to serve him,
wluch T shall never be wanting to do to the utter-
most of my power. And if your royal high-
ness will be so ^^raoiotts to me, as to move on
my account, as it will be an engagement upon
me, beyond what I ,can in reason expect, so it
* *< This letter was written at the earnest so-
licitation of his lady ; and as he was folding it
op, having shewn it to Dr. Burnet, he said to
him, This will be printed, and wiQ be selling
aboot the streets, gs my snbraission, when I am
led out to bo hanged. *' Qumet's Jounud.
had the advantage of a rdigioos educaifion^
which I have often dianked God very heartily
for, and looked upon as an inralnaMe btessing ;
for even when 1 minded it .least, it still hung
— - —
win make the deepest impressions on roe po^
sible ; for no fear of death' can work so much
with me, as so great an;obligation will for eyo:
do upon« May it please your royal highness,
your royal highaess's most humble, and most
obedient servant, W. Russell.'^
Newgate, July 16, 1688.
In the same work is inserted the foUowing
Letter from lord Russell* to the King, to be
delivered aflker his death :
*< May it please your majesty ;
" Since this is not to be delivered ^I after
my death, I hope your majesty wiA forgive
the presumption of an attainted man's writing
to you. My chief business is humbly to att
your pardon, for any thing that I have «ther
said, or done, that might look like waqt of re-
spect to your majesty, or duty to your goveror
ment. In which, though I do to the last mo-
ment, acquit myself of ul designs against your
person, or of altering of the government, and
protest I know of no design, now on foot,
against either ; yet 1 do not deny but I have
heard many things, and said some things con-
trary to my duty ; for which, as I have asked
Goers pardon, so I humbly b^ your majesty's.
And Ijtake the liberty to add, that thoi^n I
have met with hard measure, yet 1 forgive all
concerned in it, from the highest to the lowest^
and 1 pray God to bless both your person and
government, and that the puGUc peace, and
the time Protestant religion may be preserved
under you. And I crave leave to end my days
with this sincere protestation, that my heart
was ever devoted to that which I tliought waa ,
your true interest ; in which, if I was mis- .
taken, I hope your displeasure against me will
end with my life, and that no part of it shall &II
on my wife and children ; ^hich is the last pe-
tition will ever be offered you from» May it
please your majesty, your majesty's most faith-
ful, most dutiful, and most obedient sul^ct,
W. Russell,"
Newgate, July 19, 1683.
And also the following Letter to the KiBg^
written by lady R. Russell at the desire of
Burnet :
" May it please your majesty :
** I find my nusbaiid's enemies are not a»«
peased with his blood, but still continue to mia-
represent him to your majesty. 'Tis a great
addition to my sorrows, to hear your majesty ia
* ** The story of the last days of this ex-
cellent man's life fills tiie mind with such
a mixture of tenderness and admiration, that
I know not any scene in history that more
powerfully excites our sympathy or goes oiora
directly to the heart*" Fox, Introductory
Chapter.
€S9] ^tAT^TRIALS, 35 ChahIbs II. 1683!
Ami rae» tad g«ve me cktecks $ and hath now
foroMBj'y^nsouifliieiicfiil and fxMaeasedtoe
diai I feel the happy effeds of it in this my ex*
tremity, m which 1 have been so wonderfolly
(I thank God) supported, that neither my im-
priioaiDtet, nor the fear of death, haTe been
«hle to discOmpoaenie in any deg^ree ; bat, on
theooDtrary, I have focind the assurances of
the knre and mercy of God, in and through my
blessed Redeemer, in whom only 1 trust ; atid
I do not question, but that I am going to par-
grefailed upon to belie? e that the paper he de-
rered to the sheriff at his death, was' not his
own. I can truly say, and am ready in the
solemnest manner to attest, that [during his
imprisonment *-][ I uften heard him discourse
the chKfeBt matters contained in that paper, in
the same expressions he therein uses, as some
«f ihose few relations that were admitted to him,
etm likewise averr. And sure 'tis an argu-
ment or no gteat i^yrce, that there is a phrase
or two in it another ilses, when nothia&f is more
common th^m to take up such worcn as we
like, or are accostomed to in our conversation.
I beg leave, further to avow to your majesty,
that al that is set downe, in the paper read to
-yvur nngesty oA Sunday night to be snoken in
nay presence, is exactly true ; as 1 doubt not
bwt me rest ik the paper is, which was written
at my request ; and the author of it in al his
conversation witli my husband, that I was privy
tD, shewed bimselfe a loyal sulyect to yonr ma»
jesty, a faithful frind to him and a most tender
nod oonscientioas minister to his sonle. I do
tiiereibre humbly beg your majesty would be
m charitable to beleve, that he wlio in al his
life was observed to act with the greatest clear-*
nesse and mncerity^ woald not at the point of
death doe'so dising^ious and false a tning, as
to deliver fbr his own what was not Oroperly
and expressly so. And if after tl^elosse in
floeh a manned of the best husband in the
world, I were capable of any consolation, yonr
ma^eetv only eouM afford it, by having better
thoagnts of him^ which, when I was so im-
rvtunat tospcflkwith your maiesty, I thon^t
had aom reason to beleve I should have m-
clined yoa to, not upon the tre^ of my word,
but through the erioenoe of what I had to say.
I hope I nave writ nothing in this that will dis^
please yonr majesty, if f hckve, I humbly beg
you to consider it as coming from a woman
amazed with grief, and that you wil pardon the
ihnghter of a person, who served your ma-
jesty *s father in the greatest extremityes [and
your majesty in your greatest posts f] andone
that is not codbcm>os of having ever done any
thing to offend yon [before 1 1. I shal ever
l^y fbr your majesty's k>ng fife and happy
Who am, with al humility, ,may it
your nugesty, &c."
reign,
* These words included in the braekeis are
fttMsed ont.
t These word^ are Uk^wise cM»ed out.
{ iW Word was also esossodloat
0r Sigk Treamm. [6^90
take of tliat fulness of joy which is in his pre-
sence ; the hope whereof does so wonderniUy
delight me; that I reckon this as the happiest
time of my life, though others may look upon it
asthe saddest.
I have lived, and now die,«of the reformed
religion, a true and sincere Pmtestant, and in
the communion of the chureh of England,
though I could never yet <jOmply with, or rise
up to, all the heights of some people. I wish
with all my soul, all our unhappy differencea
were removed, and thai' aM sincere protestanta-
would so far consider the' danger of popery, as
to lay a&ide their heats, and agree against the
common enemy ; ^and that the churchmen
would be less severe, and the disKcnte^ less
scrupulous ; fbr I think bittemeas aud pei'secu-
tioikare at all times bod, but much more now.
For popery, 1 look on it as an idolatrous and
bloody religion, and therefore thought myself
bound, in my station^, to do all I could against
it. And hy that I foresaw I should procure such
great enemies to mysdf, and so powerful ones,
that I have been now for some time expecting
the wont. And, blessed be God, 1 fall by
the ax, and not by the fiery trial. Yet, what-
ever apprehensions I had or popery, and of my
own severe and heavy share I was like to have/
under it, when it should prevail, I never liad a
thought of doing any thing against it basely or
inhumanly, but what could well consist with,
the christian religion, and the laws and liberties
ofthis kingdom. And, I thank God, I have
examined all my actings in that inatter with
80 great care, tnat I can stppeal to God AU
mighty, who knows my heart, that I went oa
sincerely, without being moved, either by pas-
sion, by-ends, or ill designs. ) hAve alwaya
loved my country much more than my life,aiid
never had any design of changing the govern-
ment, whidi f f alue, and look upon as one of
the best governments in the world, and would
always have been ready to Tenture my life for
the preserving of it, and wonld have soffiared
any extremity, rather than have consented
to any design to take awi^ the king'a* life:
neither evernad man the impudence to propose
so bese-Mfil barbarous a thing to me. And I
look upon it as a very unhappy and Qoeasj
part of my present condition, that in my indiet-
ment there should be so innch as mention of 8(^
vile a feet \ though nothing in theleast waa
said to prove any such matter ; . but the contrary
by the lord Howard. Neither does any body*
I am confident, believe the least of it So that
I need not, I Ihink, say more.
For the king, I do sincerely pray for him»
and wish well to him, and to the nation, that
they may be happy in one another ; that ha
may be, indeed, the ddender of the fmth : that
the protestant reKgion, and the peace aud
safety of the kingdom, may be preserved, ani
fionnsh under his government; and that ho^
in ha person may he happy, both here and
hereafier.
As for the share I had m the prooeontieA of
the po^plot, 1 tdw God to witneaV) tlptl
$9\] STATE TRIALS, 35 Chablbs II; l685^rr»a/«^»7/fffliiLflriib^ [69ft
proceeded in it in the sincerity of my heartt
being then really convinced (as I am still) that
there was a^ conspiracy against the king, the
nation, and the protestant rehgion : And F like-
wise profess, that I never knew anything,
either directly or indirectly^ of any practice
with the witnesses, which 1 looked upon as so
horrid a thing, that 1 could never hare endured
\ it. For, I thank God, fabebood and cruelty
were never in my nature, but always the far-
thest from it imaginable. I did believe, and do
still, that popery b breaking in upon this
nation \ and that those who advance it will stop
at nothing, to carry on their design : I am
heailily sorry, that so many protestants give
their helping hand to it. But I hope God will
jtreservethe protestant religion, and this na-
tion: Though I am afraid it will lall under
very peat trials, and very sharp suiferinffs.
Ana mdeed the impiety and nroianeness that
abounds and ap]^ars so scandalously bareiaced
every-where, gives too just reasim to fear the
' worst things which can be&l a people. I pray
God prevent it, and give those who have shew-
ed concern for the public good, and who have
.api>eared liearty for the ti'ue interest of the
nation, and the protestant religion, grace to
live 80, that they may not cast a reproach on
that which th^ endeavour to advance ; which
(God knows) hath often given mc many sad
thoughts. And I hope such i»f my friends as
may think tliey are touched by this, will not
, take what 1 say in ill part, but will endeavour
to amend their ways, and live suitably to the
. rules of the true reformed rehj^iou ; which is
the only thing that can administer true com-
,tort at the latter end, and revive a man when
he comes to die.
^ As for my piesent condition, I bless God, I
.have no repiumg in my heart at it. I know
' tor ray si as,. I have deserved much worse at the
hands of God : So that I chcaH'uUy submit ttt
so small .a punishment, os the bemg taken off
a. few years sooner, and the heiug made a spec-
.tacle to the world. I do freely forgive all the
world, particularly those oouc(?med in taking
away my lite: And I desire and conjure all my
friends to think of no revenge, bnt to submit to
tlie ho^ will of God, into whose hands I resign
. myseli intirely.
But to look back a'Httlc'; I cannot but give
some touch about the Bill of K:£cki8ion, and
atiew the reason of my appearing in that busi-
ness ;^which in short is this: That I thonght
the nation was in such danger of popery, and
that the expectation of a popish successor (as
1 have said in parliament) put the king's life
' likewise in such danger, that I saw no way so
. effectual to secure both as suc(i a bill. As to
tile limiutions which were proposed, ifahey
were sincerely o^ered, and bad passed into a
law, the duke then would have been excluded
from the power of a king, and the government
quite altci-ed^ and little more than the name of
a king left. So I could not see either sin o(
faflit in the one, when all people were willing
. to admit of the other ; but thought it better to
have a king with his nrtro^ve, and the
natiod easy and safe under him, than a kinr
without it; which must have bred perpetoM'
jealousies, and a oontiiMial struggle. All this
I say, only to justify myself, and not to inflame
others : Though I cannot bat think my ear-
nestness in that matter has had no small io-
fiuenoe in my present sufferings. But I hate
now done with this worid, wSi am going lo a
kingdom that cannot be moved.
And to the conspiring to wesae the guank,
which is the crime for which t am oondemoed,
and which was made a oonstroetive treason for
talung away the king's life, to bris^ it widun
the statute of £dw. 3. I shall give, this tnK
and clear account : I never was at Mr. Shep-
pard's with that company but once, and thsrs
was no undeitaking then of securing or seisiag
the guari^, nor none appointed to view or exa-
mine them: Some discourse there was about
tlie feasibleness of it ; and several times, by
accident, in general disconrse elsewboe, ft
have heard it meutwneit, as a thing migbt ta-
siiy be done, but never consented to as fit to
be done. And 1 remember particukrly at ny
lord Sbai\eflbury's, there being some senieral
discourse of this kind» I iimnediatcnr flev
out, and exclaimed against it, and asked, if dis
thing succeeded, what must be done next, bat
massacring the guards, and killing theniia
cokl blood ? Which I looked upon as sodeteit-
abl# a thing, and so like a popish pradier,
that I ooiikl not but abhor it. And at tlie sama
time the duke of Monmooth took me by the
hand, and told me very kindly ; my lord, last
you and I are of a temper; did you everbeir
so honid a thing ? and 1 must needs da bim
that justice to declare, that I never obsentd
in him but an abiiorrcnce to all base tbincs^
As , to my going to Mr. Sheppard's, I weal
with an intention to taste stierry ; for he bad
promised mc to resene for me the next very
good piece he met with, when I went out of
town ; and if lie recollects, be may remember,
I asked him about it, and lie went and fttdied
a bottle ; but when I tasted it, I saki it was'hol
in the mouth ; and desired that wheueter be
met with a choice piece, he would keep it fer
roe. Which he promised. I enlarge the inors
upon this, because sir Geoig« Jefleries insiaa*
jHted to the jury, as if I had made a story about
gomg tbither i but I never said, that- was dM
only reason : And I will now truly and plainly
add the rest.
I was, the day before this meeting, cone to
town for two or three days, as I haadoaeoBot
or twice before ; having a very, near and dsar
relation lyin^ in a very languishing and des-
perate condition ; apdthe duke of Monmooth
came to me, and told me,, he was extremely
glad I was come to town ; for my lord Sbafb*
ory and some hot men would undo ns all, if
great care be not taken ; and therefore for
God's sa&e use your endeavom with year
friends, to preventany thing of tfaia kind. Ha
told me, these woidd be company at Mr^Shep-
pard's that night, and danredme lobeat Imnm
1^3] STA3% TRIALS, 35 Ckailbs II. WiS.^far RigHTreMum. [6p^
hi Ae evMHiy, uid lie would all ine, wfaidh j tban the world do«ii. 'l know I said bnt little
at the trial, and I suppose it looks mofe lik«
be did : AuA when I came into the ro6iD, I
saw Mr. Ramsejr by ^e chinmey, akhoiu^ be
•wean he came m after ; and there were uiiogH
said by same with much mora heat thaa judg •
meat, which I did suiBcieiitly disapprove, and
yet for these things I stand eondemoed : But I
thank Ctod, my part was sincere and well
meant. It is, 1 know, inferred from henee,
and was pressed to me, that I was acqnainted
widi these heats and ill designs), and did not
idiscorer them ; bat this is but misprision of
treason at most. So I die innocent of the
crime- 1 stand condemned tor, and I hope no*
body wQl imagine, that so .mean a thought
eonki enter into me, as to go about to save
myself by aoeusing others; the part that some
liave acted lately, of that kind has not been
as to invite me to love life st such
a
Am ftnr the sentence of death passed upon
me, I cannot but think it a very hard one ; for
aothinff sworn against n:e^ (whether trae or
fidse, I win not now examine) but some dis-
courses about makin^^ some stirs. And this is
not levying tfar against the king, which is
tfeason by the statute of Bdward 3, and not the
conaakiogand discoursing about it, which was
aU that was witnosed against me. But,« by a
strange fetch, the design of seizing the guards
was eoDstrued a design of killing the king, and
s^ I was in that, cast.
And now 1 have truly and sincerely told what
my part was in that, which cannot be more
thaa a bare misprision; and 3'et 1 nm con-
demned as guilty of a desi^ of killing the
kio^. I ptay God lay not this to the charge,
neither of the king's council, nor judges, nor
sheriflfo, nor jury : And for the witnesses, I nity
them, and wish them well. I shall not reckon
up the iHuticnlarB wherein they did me wrong ;
1 had rather their own consciences should do
that, to which, and the mercies of God, I leave
theni. Only I still aver, that what I said of
oiy ndt hearing colonel Rumsey deliver his
message from my lord Shaftesbury, was true ;
for I always detested lying, though never so
much to my advantage. And I hope none will
be 80 unjust and uncharitable, as to think I
would venture on it in these my last words, for
which I am so soon to give an account to the
great God, the searcher of hearts, and judge of
afl thin|(s*
From the time, of chosing sheriffs I eon
innocence than • guilt 1 was also advised d(ft
to confess matter of fact 'plainly, since that
mnst oertaii^y have brou|,(ht me within the
^uih of misprision. And being thus restrained
trom dealing frankly and openly, t chose rather
to say little, than to depart from ingenuity, that
by the grace of God I had carried along with
me in the former parts of my life ; soisoUkl
easier be silent, and leave the whole matter to
the conscience of the jurv, than to make the
last and solemnest ptfrts ii my lift so different
trom the course of it, as the using litHe tridcs
and evasions must have been. Nor did I ever
pretend to a great readiness in speaking: I
wish those gentlemen of the law who have it,
would make more conscience in the use of it,
and not run men down by strains and ie:ehes,
im]>OBe on easy and willtug iuries, tp the ruin
of innocent men : For to kill by ftmis and
subtilties of law, is the worst'sortof mufder:
But I wish the rage of hot men, and the par-
tialities of juries, may be stopt with my blood,
which I would offer up with so much the more
joy,jf I thoughM should be tlie last were m
suffer in such a way.
Since my Sentence, I have had few thonglits
but preparatory ones for death ; yet the impor-
tunity of my triends, and particularly of the
best and dearest wife in the world, prevailed
with me to sign Petitions, and make addresses
for my life:* To which I was very averse : For
(1 thank ' God) though in all , respects I have
lived one of the happiest and contentedest men
in the worid, (for now near 14 years) yet I am
MT^^MUM u«« «««. «. «M««uft -„ . away beyond his duty mto thui traiteroua
duded the beat m that matter would produce * • enterprixe by a vam air of populanty, taA
iomethmg of thU kind ; and 1 am not much sur- « a wild suspickm of kmng a great ^^^ W
prisedtofinditiallupaiime. And I wish what is
done to me may |nit a stop, and satiate sonoe neo-
pie's revenge, and that no more innocent blood
may be shed ; for I mns| and do still look imon
^ miae as ancb, since 1 know I was guilty of no
treason; and therefore I would not betray mv .
.iaiMoence by flight, of whksh I do not (I thank
.God) yet repeal (though much pressed to it)
Vw ntel soever it may have seemed to have
proved to me; for I look upon my death m
Okn mi<nTT (I thank God) with other eyes
• Of this Paper, the following gross misre-
presentation ^ given vfi " Sprat's History of the
Rye House Plot." [See some account of it
at p. 362. of this volume.] *» As to the whola
niatter of it, time, the best discoverer and light
of truth, has since shew*!! it to be full of enor-
mous falshoods, and for the manner of its com-
posure it was such as rather became the sub«
tilty, artifice, and equivocation of some crafty ^
hypocritical confessor or presbyterian easai^
than the noble plainness and simplicity of a
gentleman, especially of one who in this very
paper, so much boasts of the sincerity awl
candour of his whole tife, and of his perpetual
hatred of tricks and evasions." In the same
work lonl Russell is styled, • a person carried
« an imaginary return of popery.' This last
uncorroborated imputation, I apprehend to be a
most base and groundless slander of artftxl un-
priiicipled, and impkicable malignity. Sir Wil-
fiam Temple (whose testimony in fiivour of
lord Russell, must be admitted to be omns
exceptUme majui) calls him "a person m
general repute of an honest a-orthy gentleman ,
without tncks or private ambition, and who was
known to venture as ffreat a stake perha|it m
any subject of Englaod.'*
«95] STATE TRIALS. 3& Cuaulbs It ^68i.— TrW afWHUafn Uri Ruuell, [Q9S
80 willing to leaFe all, that it was iHit without I noOrable William ^ earl »f Bedford, in 1km
difficulty that I did any thiqg for the saving | month of July,, in the fiv^and-tbiitiedi jr«^
my life that was beg^ng. But J was willing to
let my friends see what power they had over
ane, and that I was not obstinate nor sullen, but
lYOuld dp any thing that an honest man oould
do for their satisfiction, which was the only
motive that swayed, or had any weight with m^..
^d now, to sum up all, as I never had any
Resign against the king's life, or the life of
of the reign of pur late severe^ Iprd kinjg
Cliarles^be second, at a seasions of gaol deli-
very, holden at the OM Bailey, London, was,
by undue and illegal return of jurors, bavins^
been refused his Uwful challenge to the aaad
jurors, for want of freehold, and by partial and
unjust constructions of law, wrcmgiullv con-
victed, attainted, and executed for hign ^'~
4iny man whatsoever ; so I never was in any son: may it therefore please your most excel-
contrivance ofaltering the govern meipt. >\hat lent hnajesties at the humble petition of the
the beats, wickednesses, passions, and vanities
of other men have occasioned, I ought not to the lady Rachell Russdl, .relict of the aaid
be answerable for ; nor could I repress them,
though 1 now suffer for them. But the will of
the Lord be done, into whose hands I commend
my spirit ; and trust that thou, O merciful Fa-
ther t hast forgiven me all my transgressions,
^^he sins of my youth, and all the errors of my
jpas. life, and that thou wilt not lay my secret
sins and ignorances to my charge ; but wilt
graciously support me, during that small part of
my life now before me, and assist me in my last
.moments, and not leave me then to be disor-
dered by fear, or any other temptation ; but
make the light of thy countenance to shine
upon me ; for thou art my sun and my tshield :
And as thou supportest me by thy grace, so I
hope^thou wilt hereafter crown me* with glory,
imd receive me into the fellowship of angels and
.saints, in that blessed inheritance, purchase^
for ine^y my most merciful Redeemer, who is,
I trust, at thy right- band^ preparing a place
for me, and is ready to rec^ve me ; into whoee
}iands i commend my spirit. ,
(Signed) . William Russe^.
The Attainder was afterwards reversed by
|he following act of parlianaent passed, i Wil-
liam and Maiy :•
'' An ACT for annullingand making void the
Attainder of WILLIAM RUSSELL, esq.
commonly called Lord RUSSELL."
<< Whereas WUliam Russell, esq. comiponly
, galled lord Ruasell, eldest son. of the ri^t bo-
said earl of Bedford, and the right honoorable
lord Russell, that it be declared and enacted
by the authority of this present pnrliament ;
and Be it enacted by the lung and^que^n's most
excelleiit majesties, by and with the advice
and consent of the Lords Spiritual and Tem-
poral, and Commons, in this present parii%-
ment assembled, and by authority of the saine^
That the said conviction, judgment, and attain-
der of the said William . Russell, commonly
called lord Russell, be, and are herebv re-
pealed, reversed, made and declared buU and
void, to all intents, constructions, and pur-
poses whatsoeyer, as if no such conviction,
judgment, or attainder, bad ever been had, or
made: and that no, corruption of blood, or
other penalty, or foifeiture of honours, djgni-
ties, landsi hereditaments, goodstor chattek,
be by the said, conviction os attainder in-
curred ; any law, usage, or cfistoro to the
contrary notwithstanding. And to the end
that right be done to the memory of the de-
ceased lord Russell aforesaid, Be it further
enacted, that aU records .and prooeodiGga re-
lating to the said attainder,, be wholly can-
celled, and taken^ff the file, or .otherwise de-
faced and obliterated, to the inlent the same
may not be visible in after ages : and that at
the next sessions of gaol delivery, to be holden
for tlie city of London, thf . said eecords and
, proceedings shall be brought into the Court,
and then, and theine taken off fitim the file, and
canj^ellcd.
WiLiMM CowpER, CI. Pari.
The CASE of WILLIAM Lord RUSSELL^ tried for High Treason,
13, AD. i683.
*• the kwg,' 'a < consulting to.l^y war, and to
* that intent to seize the guards :' so thai Ibe
design to seize, the guards, is the overt act
signed of ^op^ii-in^ the king's death.
July
TQ£^ indictment ia very Ions': but for
^bstance it is,- < for conspiring the dea^h of
< the king, and intending to leiry war, and to
« that end to seize the guards;' For the In- _ ^_^. ^ ^ w^^.
lUctmeiit concludes, « ^^d^^the^uards for the ^be qusiJeTlbeh 1^, ivheU^r ^^
* preserv.atioi}i of the person of our said loi;d . wa^ guifty of' high- treason within the statute
« the kin^ to seize and destroy, ^against the of 25 ]&i.!3„ (for upon that &tat«te he vat
f dtily of his allegiance, against the pear^ tried) imd I conceive b^ was not ^ and thera-
i&cc. and ake against the form of the sta- fore bis attainder ought to be rerened.
*^^'^ . .. - But before 1 speak to* the matter of kmr,«i
, 'twe thi^ gave theur evidence agamst the whiob I shall cliiefly insist, I must deaim you
msoi^er^ were^Uunsey, Sheppard, and my kvd to observe some inoonsistenciea and oonli»-
« VAwai4* . dictions in the evidence.
The overt ai^ff copi^Dg the deaths First^.That none of these ptrmonhnd their
6fff] STAtE TRIALS, 55 Cbarl|» IL iSSS.-^wr High THtfMu
Pm4mi9 ; ivUch waa otbwwifle ia ike
dMot : far no perw* g«Te enrideace before he
had his perdkin. Therefore, being anpardoned,
jfaongh they niig;ht be legal, yet not credible
mtDeaws: both which are reoaired by the
statute. For whiht the fear of death attends a
nno, he is thinking Bow he may save hb life,
nifasr than to speuL nothing but the truth ;
and he that is so base to pijircbase his own life
at the nriee of another man's, will be sure not
to speak less than the truth.
Neitt I obsenre how the king's council, by
the (piestions they put to tlie witnesses, did
lead, if not, in a manner, dictate to them what
to say.
And 1 take notice, that my lord Howard,
who must be supposed to have a full know-
]ed|(«ofthe Plot, yet n^ersays a word of
ibeir intent to seize the guards, which was the
|cinc^|Nil thing in the evidence of Rurasey and
' Sheppard : for, had there been any such intent,
it is strange, that my k>rd Howard, who had
brought in so many other things by head and
shoulders, should mrget so remarkable a piece
«f avidence, and so home as that.
This is only in general : but, in particular,
do but obserre Rumsey 's evidence.
He says, he was not there above a quarter
of an hour; and whilst he was there, two
things were debated and resolved, and a third
thing diseoursed. Surely they were things
which they did not much value ; or else they
were men of wonderfiil dispatch, that could
receire and debate the message which he
brought from my lord ShaAesbury, then de-
hate the matter of the sxiards, and come to
a resolution in both ; and afterwards discourse
about'the declaration ; and aU this in a quarter
of an hour, or else Rumsey is perjured.
Ill' the next place, it is very remarkable,
where he says, ^ He was not certain, whether
* he was at another meeting, or else heard Mr.
* Throgmorton make a report of another meet-
* ing to my lord Shaftesbury.' And again he
says, that * he was not certain, whether be did
* bear something about a declaration, when he
* was at that meeting ; or that Mr. Ferguson
* did report it to my lord Shaftesbury, that
* they had debated it.' To say no. more of it,
it n very strange, that a man cannot be certain,
whether he knows a thing of his own know-
ledge, or by hearsay : and if in so plain mat-
ters as those he spoke on uncertain know-
ledge, it is not unreasonable to suppose, that
he might as easily be mistaken in the rest of
his evidence.
Then as to Sheppard ; he first swears, point
blank, that my lord Russell was at two meet-
ings at his house. But, being pressed by my
lord Russell, he can remember but one ; and
when liiat was, he could not recollect himself,
though not above eight or hine months before,
esr he confesses. It is strange th%t a man
ihoald be sb much in a wood about so remark-
Ms a thing. But surely it must lie hard
ppon the prisoner, that the time could not be
JsNtx'IbrifwitiwflMS may give evidence at /deed.'
that rate, it will be much ado for any prisoner
to make his defence.
As to my lord Howard ; his evidence is so
n<itorious, that I need say nothing of it, but
refer you to the printed trial for your satisfoG-
tion : only I will take notice of one thing
which he says, to reconcile what he said to
my lord of Bedford, my lord Angiesey being
present, and what he almrward swore against
my lord Russell at his trial. Says he, * Your
< lordship ^knows^ that every, insn that vras
* committed, was committed for a design of
« murdering the king. Now I laid hcSd oa
< that part : for I was to carry my knifo
* close between the paring and the apple; and
< 1 did say, that if 1 were an enemy to my
< lord Russell, and to the duke of Monmouth^
< and were called to be a witness,! musS have
* declared, in the presence of God and man,
< that I did not believe either of them had any
< design to murder the king.'
As to the first, what he said to my krd of
Bedford, was as to the Plot in geiieral ; and if
to any particular part of it, it must be as to
the insurrection ; for there was to be my lord
RusseU's province.
Secondly, My lord Howard knew, that all
that were committed, their commitmaits run
atf well ' for levying of war, as for conspiring
*• the king's death.' , So that bis lordship must
find out something that will reconcile himself
to himself, better than his * knife betwixt the
* apple and the nann^ ;' or else it will follow,
that be solemnly said one thing, and swere
another.
I have but only touched these tbingfi; be-
cause J hasten on to the matter of law. For
though it were without contradiction, that
every thing sworn against my lord Russell
were true, yet it did not amount to high
treason.
First, Because a ' conspiracy to lery war' is
not an * overt act of imagining the death of
< the king.'
In arguing of this, I will not meddle at all
with the original of allegiance, nor the tnie
nature of it ; neither make any discourse, that
heretofore it was a less ofi^nce to plot against
the king's lite, than against the government ;
but i will leave those sore places, and endea-
vour to prove my point, by consklering these
five tlnngs :
First, Whether any Court, the parliament
excepted, can try a man upon an indictment
for high treason, that is grounded upon the
common law.
Secondly, To what end and intent the sta-
tute of 25 Edw. 3, cap. % was enacted.
Thirdly, Whether [conspiring the death of
the king,] and [levying of war,] are distinct
species of treason.
Fourthly, whether every law is not to be
construed, ibost strictly to restrain the mis-
chief against whkh it was enacted.
Fifthly, what is the true meaning and sig-
nification of beiDflr ' provably attainted by oveH
699] STATE TRIALS^ 35 Charles IL iGSS.^Trial of JVUlim Lsri nunell, [fOO
1. As to the first, it seems to be out of
doubt : at this day there can be no such thtngf
as an indictment at coiiimon law for high
treason ; though for other things there may :
because there is no precedent of it, since the
statute of 25 Edw. 3. For nothiug is more
common than for every prisoner that is ar-
raigned for high treason, to dem&nd upon
what statute he is indicted, and the Court, or
king's counsel, to tell him the particular sla-
tute. Besides, every impeachment before the
Lords in pariianient, is gi*ound^ upon some
statute : and if so, a fortiori, no inferior Court
can try a prisoner upon an indictment for hin^h
treason, grounded upon the common lavr. For
the law, which greatly delights in certainty,
especially in case of life, will not allow of an
indictment at common law : because no issue
can be joined upon it, by reason of the uncer-
tainty.
As to the second, viz/ To what end or intent
the statute of 25 £dw. 3, was made ? 1 thus
answer :
Edward 3 was a victorious captain, and
potent prince, whereby be became verv renown-
ed ; but that which made his name the greater
and his fame the more lasting, was those good
andwholesomo^laws which were enacted in his
time ; by which he restored and beautified the
l^emment, that had been defaced, and almost
destroyed, by the proceedings during his fa-
ther's irregular reign. And of all the oppres-
sions under which the nation groaned, there
was none, that lay heavier upon the people,
than the extravagant licence which the judges
took io the interpretation of treason. And this
«ppeajrs1>y the particular and universal Iby ex-
pressed by the whole land, at the making of
the said statute ; for though he ddled parlia-
ments very frequently, and hone or them
proved abortive of gooa laws, yet that parlia-
ment which was held in the 85th year, did
more than any of the rest : and of all the be-
neficial laws that were then enacted, the second
statute, whereby treason was reduced to oer«
tainty, gave the p^ple the greatest cause to
lift up their heart and voice in thankfulness to
God and the king; because the jaws of their
devouring monster were broken, 'whicfa had
torn in i»ieces so many families, and threatened
destruction to the rest So that this statute
was nuule to restrain and limit judges (iiom
calling any thing treason, that might be so by
inference or impticatioa, and only to judge
upon that which u litcraHy so witbm that sta-
tute. For it is there proyided, that if any
such like treasons shall come before any of the
justices^ that they nuiststay, without going to
ludgment, till the cause be declared bdbre. the
Idug and hb parliament And all subsequent
statutes of treason are all as so OMoy oonfiraia-
tions of this statute: for they had been nee^ess
if the judges could have ^called any thing trea-
son, but what is literally such witain that sta-
tute. And the statute itself had been made to
po purpose, if it 'had aot strictlv reslndnod the
jodgei. And my lord chaocellor Nottingham
was of opinion, that even the lords in parfia*
ment could not proceed dbon aa iadictiiieot
for High Treason, unless tne ftct therein al-
ledged were first declared by some statate to
be treason.
3. As to the third thing, it nerer was, nor
will be denied. That compassing tbft dtath of
the king; and levying of -war, are two distjaot
sjiecies of ti^cason, unless all treasons are of the
same kind. But if there are several sorts of
treasons, then ft will follow, that these are also
distinct^ because in every statute of treason,
which mentions conspiring the death of the
king, and lovyhig of war, they are named dis-
tinctly. Besides, they are difiTerent in the
manner of proof : for ttiat which is necessary
to prove the one, does in no sort prore tlie
other. And fUrtlierrooi'e, the one may* be ef-
fected, and the other never so much as intended
or designed. As for example, the king ma^^'
be murdered, and no war levied nor i..tendedk
And moreovt-r, in the one case it is trea«
son, as well to intend as to execute it, with*
out tacking it to any other thing : hut it is
not so in the other ; foir it is in itself, and ab-
stractly from cverv thing dse, treason, as wdl
to compass the bug's death as to kill hina,
But an intention to levy war, and doing all
things in order to it, is not treason, unless Ilia
war oe levied, except by implication or infer-
ence. And I am persuaded, that the want ol
obsfTvhiff, that these are distinct species of
treason, has been the occasion of that mistake af
calling a conspiracjr to levy war, an overt act'
of conspiring the long's death.
4. As to the fourth, no doubt,* eveiy statote
is to be oonstrued most strictly to restrain tlie
mischiefs against which it was enacted. For
the uninterrupted course of all judgments and
resolutions bath been accordingly; abd nothni|p
can more directly thwart eommon sense, tinui
to miake it otherwise. And thereibra, if the
statute be absolute, the more foociUy it is god -
strued to restrain that mischief, the more truly
is the intent of that statute pursued. For how
shall any evil be suppressed, if the remedy
must be applied but by halves? Thalaw thee
would be rather a mocJcery, than a means ta
redress the evil, if it shall not be taken mast
9^^f^g}j a^nst it Either it is, or it is wA^ a
restraint ot the grievance complained oC| If it
is not, why was it made? if it is, why moat
it not be understood in that sense, wber»y the
mischiefor evil may be more efibctually sop-'
pressed and prevented ?
5. As to the fii)h, the answer will be beat
understood by considering, first, the aigmft-
cation of the two words apart, vis. Provably
and Overt
Ph>vably, signifies to prove, or mdie good
by evidence, arguntient» reason, or teslimooy.
Overt has all thesejngnifieations, open, clear,
plain, apparent, manilist, notorious, erideBl,
public, known, undoubted, i:eitain, penpicuaua.
These then beinff the signiiicataaBs of tbeaa
words, what can toHow more naturally, than
that to h^ pravaUy attainted by orert das4
yo I ] • STATE TRIALS^ 35 Ch A3LB8 II. 1 683.— /«•, High Treason. . [70 J
lathattheftct musl not only be .direct, appa-
real, aad notorioiit to the poiot, but it most
also be pi«>?ed clmdty^ erkieatly, plainly, aod
per^MGUomly, Toid of oil doabt or obscurity ?
And those two words being taken together, do
the better expound each other, and seena to be
choice words, and words of art culled ou\ by
the peonersc^thai statute, as the most expves-
sive^ to exclude all ioipUcations or inference,
that migfat be made iu case of treason.
These things > beiog (tremised, which are
sfeessiiy prov^ as alleged, there will remain
very little, besides shifts and evasions, to pi-ove
that a conspiracy to levy war is an overt act of
ixmipasBing the king's death.
Toe thin^ that are chiefly and commonly
urged to maintain that opiniou, are these two :
First, It would be of dangerous consequence
if a conspiracy to lery war, may not be iDtt'r-
preted an otert act of compassiing the king's
oeath ; because there is no means lei't to prevent
it, and the miscluef aUeiidiug it, when the war
is levied.
Secondly, if a war l»e levied, the death of the
lung.must needs be intended, and will certainly
cihne, if the rd»els prevail.
In answer to these it may be replied, That
the one of them is but a bare objection, and
Ibt other no substantial argument ; beraiisc
it begs the ijuestion, wluch is surely ai'ccble
way of arguing. /
But I will pvc a more pariictilar answer to
thero. And it will be more proper to Itegiu
' with the second ; because in 6|i€aking to it, the
other will in great me^ure receive au answer.
Now as 10 tlie second, it may be observed,
that the death of the king is made so certain
aod aece«ary a consequence of levying a war,
that by reason of that certainty a conspiracy to
lerjr war is an overt act of compassing the
S3 death. If therefore the certainty wiU
old, but that many cases may be put,^aDd
instaiices produced,, wherein the king's death
is not intended, nor did ensue upon the pre-
vailing of the party, then is the whole weight
and strength of the argument of no effect, i
The Hu^^uenols in France have heretofore
assembled m arms ; and though they repeated
it several times, yet on which of those occa-
sions does it appear, either by thd cause of their
coming together in that manner, or bjr the
affect of it, that it was levelled at the king's,
life ? No, the cause of their rising in arms was
for the asserting of their religion, and just
r^hts. For as soon as their reasonable de-
mands were satisfied, they laid down their
anns more willingly than they took them up ;
aeitlMr did they attempt any thing against tne
king's Isfc, wjien he was in their power ; but
after they were answered in those things to
which they had^ i%ht, botli by the laws «f
nature and the govemmeut, immediately they
returned home in peace, and upon all other oc •
canons proved the most firm and loyaUest
snMeotsof all other in that king's dommions,
and so this piesent king d* France must testify
£ir them, if he will do uiem right* ... ,.
If the Protestmts m France should at this
time rise in arms, upon so jusi a provocation as
now they have, it woidd be senseless to sup-«
pose, that they levied the war irith a principal
design to morder the king, and not for Uia
defence of themselves and just rights, whwb
are so inhumanly, andagaiiMall law and jus-
tice, at this time, invaded and ravished irom
them. Story is foil of like cases and instances
to this. But to speak more particulariy to
England: what was the baron's war? the
answer to which must be, that they took un
arms to assert their rights and liberties, which
the king, contrary to his oath, with^held from
them : and though it lasted near 40 years, yet
the king's death was never intended, nor bis
life in any danger : for as soon as their iust
demands were answered, they put up their .
swords, and cvciy mani>.iurned home, and. '
prayed for the lite of tl-e king. And out of
English story, what one instance can be pro-
duoed, where the cause of war was declared
to be against the king's lifo ; or if the party pre^
vailed, the king was to be put to death by their
general consent and approbation ? for though
It be true, that there are some instances, where
they have been murdered after the war ; yet it
is also as true, that it was by private assassina-
tion, and not by the consent and privity of those
who levied the war ; for all tliose who were
concerned in the mnrdcr, were aftorwards con-
demned and executed for it, as traitoni : as i^
the cascof £dw^ 2. and Ric. 2.
As tor that of Charies the First, which is s»
much pressetl and urged, though the cause oC
war had been expressly against his life ; yet as
one swallow does not make a summer, so
neither does one precedent prove the point.
But besides, in that case ^f Ciiarles the First,
to infer from thence, that the king's death is
principally intended by levying of war, is alto*
gether as weok an argument, as to say, be-
cause a thJn^ falls out by accident, thene&re
that very thuig was the principal design and
aim of the whole action. For in that war,
those who first took up arms, did it to oppose
the king's arbitrary practices ; and though be
was afterwards put to death, yet it was altoge-
ther against tlkeir consent or desire ; and most
of the army was against it, and would hare
prevented it, but that they were at that time so
broken into factions and parties, that they durst
not trust one another. ,For after that tragedy
was acted, ihose who first took up arms, un-
mediately upon' it laid them down, and were
aflenvards tne chief inatruments of the lata
king's restoration.
But if the kind's death be the principaL thutf
intende<l by levymg of war, to wlnt puroose la
the war levied? cannot the king be taken off
mon easily by poison, or a pHrivate assassina-
tion ? To the effecting of which, opportunity
cannot be wan^g; and so with more certainty
the end isobtaJBod, and a less hazard ran io
the execution, than oouUl be done by a war;
exceiMt those who levy the war to kill the king,
aire not confeut with me murder of him, wim
ro3] STATE TRIALS, 36 Chaeles H. l6S3.--TrUa of WiWmn Lord Rvml^ [704
tbey ciA the throtts of all those that would
defend him. Indeeil to do it by an open war,
rather than by poiami, or a pri?ate assaasinap
tion, is the more gmeroos way ; for they gire
him fair warning to look to himself, like a
noble enemy, that scorns to kill his adversary
basely. It is indeed to gt> round about, for the
pearest way. Therefore a war, when levied,
must be for some other Intent, than to take
avi^ay the king's life: since Englishmen, if
they enjoy their properties, no prince is so
great and happy in ttie heads, hearts, hands
and purses or his subjects as an English king.
But yet, allowing that upon every war
levied toe death of the king would certainly
ensue if the rebels prevail; yet this question
does naturally arise, viz. Where is that statute
which does in express terms say, That a con-
Sjpiracy to levy war is treason P for if it be not
vo expressly inA literally within some statute,
&en It b a constructive treason, and conse-
<|uently no such treason, as upon which the
judges may proceed, if the statute of 35 Ed. S
was made to any purpose: for that the statute
fl«strains all constructive treason, or none. But
ifthejudjfes may, in any one case, make a
eottstruetive treason, they may do it in all ;
and so we are leH in the same uncertainty about
treason, as we were before that Stat. 35JBdw. 3
was made.
If the judges might judge upon constructive
treason, yet it seems to be a far-fetched con-
«truction to make conspiracy to levy war, an
overt act of companing the king's death : For
this is not to be probably attainted by overt
oBeu^
First, Because the conspiring the death of
the king, and levying of war, are two distinct
species<of treason ; and therefore, it would be
yfery unnatural, and too much forced, to join
thMe together ; and, as it were, to make them
one and the same thing, that are so different
and divers, not only in the manner and matter
of proof, but also in themselves.
For then, secondly, a conspiracy to commit
any other treason, may also be cabled an overt
act of imagining the lung's death : which was
never yet pretended.
Thirdly, A conspnring of any one treason
nay then be an overt act of anyotlier treason.
Fouithly, Any other criibinal act may then
M Well be called an overt act of coos^ng the
loDff's death.
FiUbly , This is to make a conspiracy to levy
war, treason in itself For there, is very litlie
difmsnoe between calling a thing treason in
itself, and to make it an overt act itfsome trea-
fbii within the stmtnle.
Sixthly, Because a conspiracy to levy war,
was BOl treason at comnKNi law.
Ssfvaothly, the Statutes of flS Slix. and the 1
wad 3 Jac. 4. which make it high treason to
Mooftotle any to the church or see of Rome: or
to be ao reoondM, were enaoted to no purpose.
If ft eoflspiraoy to levy war is an overt act of
tiM eonpaastng the fii^s death. For what
imiiQdmQfeplaiiilji
totovywir,
than to pemliade the people toxenomwe
alleffiance to the king, and to promise fiuth and
obedience to some otner pdwer? so that tkeae^
and all other statutes concerning treason, which
have been made since the statute of Sd £dw.
3. are as 80 many confirmatiooB of it ; andeon*
s^uently prove, that the judges can call no-
thing treason, but what is literally such, withia
that, or some other statute.
Eighthly, My lord Coke says, tbatoonspiraey
to levy war is not treason, unJess the war is le-
vied m facto. And questionless his opinioii ii
very good law ; because in many cases it is net
treason to levy war ; ti a fortiori^ a oons^raey
cannot. For look into the statute of i Q*
Mary, and there you will find several things
provided against, which are plainly and m-
rectly a levying of war, and yet they are de«.
clared to be but felony.
But it nuTy be objected. That by Stit. 3 and
4 Edw. 6« the offences mentioned in 1 queen~
Mary were made treason. It is very true ;
yet It does not alter the case, but rather proves
the point. For, first, they binng made treason
by statute, proves that it was not so in itself.
Secondly, because in the two next succeeding
reigns it is declared to be bnt felony. For the
statute of queen Mary is confirmed by 1 Elis.
16. An^d thereupon the argument is tlie
stronger ; because these two queens were of
different religions. Thirdly, beouisewheo n
thin^ is declared an offence by act of parliament,
and is afterwards made a less offence by stn*
tute, it proves that it was not so great in itself ;
but that the neoessaiy circumstancea of time
and affairs required it shouU then he such.
Bui the case is yet stronger, becanse insooM
cases it may be but a trespass to levy war ; an
it was in the case of my lord Northumberland.
5 Hen. 4. He did antualiy raise ibroes, and
such as were taken to be a levying of war : Ibc
which he was questioned befora uie lords, and
tried for high treason. But though the tordi
did find the Act, yet they adjudged it bat a
trespass ; because the powen raised were not
agamst the king, but against some sulnecfea.
This precedent seems to carry great wei|[lit in
it : Furst, because it is a judgment sriven m the
highest court of judicature : Seoondly, beeaneo
it was given so soon afler the making the
statute of 25 Edw. 3, who must be suppose^
to understand the intent and meaning of timt
statute full as well assuooeedinff ages.
The case of those who aided sir John Old*
castle might also be urged ; who were ac*
E'led, because n^ their &finoa it did ipnanr^
by reason of fear, and to save thenwdven,
they were constrained to whattheydki. Whidi
is ground for another aigument, if tibere wcm
oecasioa ; becanse it proves that the nucdai m.
law, ' Actus non sit reus, nisi mens ait ran,*
holds in case of treaaon, as well as in aU olbar
caaea. But I think there is no nwd of iti
for if w» may be levied, which ie neidMr tran«
son Bar fUony , it must be a very uuMtonl «an«-
stmelkin of a con^iracy to levy war, to mnisa
it an overt act of compMHDftMkii^'idmhu
4
r05] ST ATE TBIAL^ UCAAUhtAll. I6^.^f or Bigkli^eaion. [706
ThiM the fwcond tfiiii^ objected has receiTed 1 tute of 85 Edw. S» has provided, That if hny
a fiiH answer, and hkewue the first, in a 'great such-like treasons come before tbe justices,
measure. Yet I will add a few words, that no they must tarry withou^ going to judgment.
ikmbt may remain
If the osDScqaenoe on all hands be duly coo ^
sidcred, the danser will be found to he on the
ether hand : yet be it as great as can be pre-
tended; it must be remembered, that the law
has settled the point i and so it must stand, till
by the same authority it be altered. For the
nde in law is not to be forgotten, ' Nemo Le-
* gibos Sapientior.* It is pretended, that oui of a
ttnder vespBrd which the law, and all subjects,
ought tohaTe for the Icing's life, a conspiracy to
levy war is taken to be an overt-act of com-
paoing the king's death : to this it may be
answered by way of question, how comes it
sbout, that this age should have a greater care
of the king's iifo than our forefathers bad?
€an it be unagined, that they did not under-
stand the nature of the eovemment as well as
we do ? nor did know of what consequence to
the public the preservation of the king's hfe is P
can it be thought, that they did not impartially
weigh and consider the consequence on all
hms ? yet, however, let the defects be never so
many, seeing it is settled by law, it cannot be
altered bat by the same power : For if it may,
then let the consequences be seriously debated,
of leaving it in the breast of the jndjres to rec-
tify the mistakes, or defects, be they fictitious or
real. For then, when a turn is to be served,
the law will be sure to be defective ; and so in
eAsct they shall Legem dare. Treason will
then be reduced to a certainty ; that is, if the
jiidges please; otherwise not : There will be
then no need of parliaments: for the judges
shall both declare and make law. What will
all our laws signify, though made and penned
with all the radom and caution that a ^ia-
ment is capable of, if the judges are not tied up
and boond by those laws ? it renders parliaments
wdeaii; andf sets the judges above that great
council* They can undo what the other has
done. The parliament chains up some unruly
evil, and thejudges let it loose again. Butbe-
sides, vrhere u this dangerous consequence, as
isobfected? indeed there had been some weight
in the ol^ection, had a conspiracy to levy war
bee^ wholly unpunishable. But the law has
provided a punishment commensurate to the
ofience ; which though it does not extend to
Jifo, yet is soffident to deter men from the com-
misnon of it. Yettf a conspiracy to levy war
is to be punished in as high a degree as a wbx
when levied, this wonld be to punish thoughts
M highly as Heed ; which if it be just, yet is
J8sniitiiiii;«i.
Mr. »>licitor Finch twittered out two or
three imperfect precedents, viz. that of my
fold Cobham, Dr. Story, and PlonkeL These,
as they are not altogether to the purpose, so
they are so very modem, that no mat regard iai
to be had to them ; and they rather prove the*
ignorance or boldness of tnose jndges, than
£at a conspiracy to levy war is an overt -act of
compassing the long's (kath: because the. fta-
vou IX.
till the cause be shewed before the king and
his paritament : and therefore for those judges
to take upontbem to judge u[)on that which was
doubtful, and not litmlly nor expressly a trea«
son, was to assume the part whicn the king anil
parliament had reserved to themselves. And
therefore, upon what has been said, this con-
clusion will follow, that no man can (before the
judges) be^nvicted of treason, unless the fact,
be expressly and literally treason within some
statute, and he be thereof provably attainted by
some overt-deed ; and consequently a eonspi*
racy to levy war is not an overt-act of coin-
passing the king's death, bat a ^respsss, or
nigh-misdemeanor: and therefore, the judgf-
ment against my lord Russell was mauilestiy
unjust ; and so, of course, it ought to be re-
versed.
If a conspiracy to levy vrar were treason of .
itself, or an overt act of imagining the khig^s
death, yet my lord Russell was not giiilty of
high treason within the Stat, of 35 £dw. 3,
b^use the overt^act assigned against htm,
WQS his being of a counsel of six to manage an
insurrection, and in order to it to seiae the
guards, for had he actually seized the guards,
yet it could not be tieason within the citatnte
25 £dw, 3.
First, Because the guards are not settled hy
act of parliament, and consequently they have
no legal force : For the law has pronounced,
that all standing force other tlian the tnilitia,
is iu terrorem popmli, illegal, and a grievance ;
and the reason uf it is dear ; because the law
does never protect or countenance any thing
that is, or may be bordensome, or that is use-
less ; And it is so evident that in tlie pensionary
parliament, this vote passed in the House of
C)omroons, nemine contrad^ente : That all\
standing force other than tbe militia is iU^fal,
and a grievance: and though they haveyhe
king's commission, as may b« objected ; y^bis
commission cannot make that lawful that j^ il-
legal, no more than he can tolerate a rie% or
pardon a common nuisance : for if several p^-
sons were tried for a riot, and it manifestly ap-
pear upon the evidence tp be such, would their ^ '
producing the king's commission keep them
outof the compass of the law? Or should those *
who did assemble together to suppress them,
be guihy of levying war, because those other
persons had the king's commisaon ? Therefore
if my lord Russell nad assembled a force suf-
ficient to seize the guards, the most that could
have been made of it, was to bring it within the
statute of the t Qu. Mary It, which makes it
but folony . And this being duly oompbred with
the precedents urged by Mr. Attorney, and Mr.
Sehoitor, will retort them strongly upon them-
^hres.
Secondly, It could not be treason within the
statute S5 £d. 3, because at the time of making
that statute, there was no such thing as the
guards : For the first thing of that sort was
2Z
707] STATE TRIALS, 35 CHARLSa II. l68S.— THo/^f miBomLorditiiMeU, [708
the band of pensiotiera which Hen. 7, setup in
imitatioii ot what he had seen, and learnt in
France : for in iSd. the Sd's time, though Ira
\t-a$ the third that without interru^ition had
aucoeeded to the crown; yet succession had
not then obtained so sacred a reputation, as
yiiot to stand in need of the people to uphold
them in the throne ; and therefore kings were
then too wise to do any thing that wouM he so
apparent a diotrustin^ of the people, as to call
in guards to their aid. And besides the con-
stant wars, either with France or Scotland,
made them stand continually in need of the
jYeople's supplies ; and therefore they would be
sure cauitously to avoid all things, that mi^ht
give the nation occasion of offence: and nothing
could be more distasteful to the people than to
he nosed by a standinfi^ force, which the law
had adjudged to be ilfegal and a grievance.
And therefore, as there were no such things as
guards at the making of that statute 25 £d. 3,
80 that statute cannot be supposed to take no-
tioe of them.
Thirdly, If the guards were established by
act of parliament^ yet if they were so estab-
lished since the 25 of Ed. 3, my lord Russell
was not within that statute, because it provided
for nothing but what was lawfully in neing at
the time when it was made. So that if it were
an ofience to seize the guards, my lord Russell
ought to have been indicted upon that statute
which did so make it an offence. For if a
prisoner is indicted upon a wrong statute, and
the evidence proves nothing of the statute on
which he is indicted, but comes very home,
and point blank to the statute on which, he
ought to have been indicted, he may plead
speciall V to it, and the court must direct the
jnrv to bring him in Mot Guilty.
Fourthly, >Iy lord Uussell was ndl within
the statute of 25 £d. 3, because the indictment
concluded falsly ; and more ialsly than any in-
dictment that i ever saw or hep.rd of. For it
says, [Abd the guards for the preservation of
the person of our said lord the king to seize and
destroy, against the duty of his allegiance,
against the peace, aiid also ai^ainst the form
of the statutes.] This conqlusion contains in
it four parts, and none, of them is true. First,
That the guards are for preservation of the
king's person. It will be an easier matter to find
a workl in the moon than that the )aw has made
the guards a. lawful force, or any statute that
has established any foi-cc, particularly for the
guard of the king's person. And though the*
law had established any such force ; yet it was
not done by the 25 Ed. 3, and therdRire in tbia
the indictment concluded falsly.
The second thing is thiq[, that to seize and
destroy the guards was against the doty of his
adegiaQce. To speak fully to the nature of
aUegiance would require a long discourse. Bat
a few words will lay this upon its back. It
cannot be denied that nature and the law did
nothing in vain : And if so, can it be imagined
that the law would establish such a thing as the
guards, which had roadeso miich a better pro-
vision for the preservation of the Idng'tperaoD,
even theduty and interest of every one of hia
subjects.^ in the next place, subieotion and
protection are conertible terms, and therefore if
the subjects do not receive protection by the
guards, it is not against their allegiance ta
seize and destroy them : Whereas to seize ihm
militia is against then* allegiance; bcooie
they receive protection by tb«in. Besides ne
man become an offender, 'till the law Jaa been
promnlged so as that no man can msonaUy
oe supposed to be iffnorant of it. Now tiuo^
though the kine by his commission might nsafce
the guards such a lawful force; yet nan contUi
that they are so commissioned by him. For
it has not been published in that due manner
and form, as that the nation can re^ariy take
notice of it. And besides, there is no i«eord
entered, or remaining of it ip any court, or any
other place, whei^y the people naay come t»
a certain knowledge of it, which is afsoa foroe-
able ai^nment against the lenity of such a
commission f So that though m other cases JJcr*
norantia Juris is not allow^ ; yet in this case
it is a very good plea, that it was not against
my lord Russell's allegiance to seize the guards,
though the king's commission did make them
a lawful force.
The third thing is, that it was against the
peace, whibh is an untrue concloskm. For it
is not against the peace to seize any force that
is not counteoanctKl by law. And a needle may
sooner be found in a cart-load of hay, thaa
any statute that bath established the guards.
And if the king's commission can make a fbroe
a lawful force, then it is hard to say, whether
the rebellion in Ireland did not act upon suffi-
cient authority, since no clear answer has yet
been made to the commission under the broad
seal, which the rebels produced to justify their
proceedings. In the next place, every treason
IS against the peace. But to couclude, becaoae
it is against the peace, therefore it is treason, is
neither law nor reason. For orery.ofibice is
against the peace; but e^ery offence is
not treason. Fartbermore, the king's lawfiil
commission is not to be opposed in any case ;
andtheindictmentuponit will mn, dwt it is
against the king's crown and dignilr, and
against the peace. Therefore to conduoe, diat
it is treason, is a non iequitur : For it is .not
treason in many cases, to seize and destroy
those that act by the king's lawful cominiasieii.
The fourth thing 19 that it' was affainst the
form of the statutes. The statutes Sius men-
tioned must be those statutes, or at least must
comprehend some statute that settles the gnanb
for tne fireservation of the long's person : Fur
the seizing of the guards is the Overt Act as-
signed of compassing the king's death. Now
if there be no such satQte,then is this psrt of
the conclusion of the ituhctment also false.
And consequently the judgment against my
lord Russell ought to be revetsed.
/ -
rm
STATE ntlALSt isCuAtiUt II. i683.--/«f H^h TreatoH.
cri«
■
An Antidote against Poison : Composed of some Remarks upon
the Paper printed by the Direction of the La4y Russell, and
mentioned to have been delivered by the Iiord RussqU to
the Sheriffs at the Place of his Execution,* By Sir Bartho-
LOMjEw Shower.
THE puUishing df thus Paper, as the last
speech 01 a dying man, caDDOt oat surprize all
Grsons who were present at the trial of the
tl Rassell, to reaa such reflections upon the
jndges, the kmg'tf counsel, the sherifls, and the
jtiry ; the fact so untruly represented, and the
offenders innocence so strongly asserted, when
they can all attest to the fairness of his trial,
the respectful treating of him by the king's
oonnsd, as far as was consistent with their
duly, without any strains upon the evidenoe
to tne &YourabIe demeanor of the court to-
wards him, not ia the laast aggravating the
crime heyond the eridence, and to the fmness
of the evidence upon ^e proofs produced:
And therefore those who heard the evidence
must acknowledge, that that paper is so far
from containing the whole truth of the lord
ftttsseU's case, that what of fact therein in-
serted, fs wholly disguised, and untruly, and
unfaithfully set down. Neith^ doth tne lord
Russell, in his speech to the sheriffs, aver all
contained in that paper to be true, nor the
paper to contam the whole truth of his case ;
ontysahh, he had set down in that paper aU
that he thought fit to leave behind him. No
doubt, he nught as well have said, all that his
faithfid confi^sor advised him to leave behind
bim.
For whosoever ^ctly pernseth the paper,
will not find the ingenuity, sincerity, or plain
style of a dying gentleman, but may discover
die pecutiar dialect of an artist, accustomed to
shadow truth with doubtful and ambiguous ex-
pressions ; and the paper artiflcially contrived
and designed to gpratify a party by a colourable
asserting the innoceocy of tne criminal con-
ilemned by the law for High-treason, and lay-
ing a malicious imputation upon the govern-
ment, for an unjust prosecution of an innocent
person to death.
Whether the paper doth truly state the
crime, upon the fact proved, for which the
lord Russell was condemned ; and whether it
contain any plain denial of that fact ; will best
appear by truly stating the crime charged upon
him h^ the indictment, and the* fact proved
upon him at bis trial.
* *' It is observable, that in tbe State-Trials,
vol. 3, pag. 673, is inserted sir Robert Atkins's
Defence of the late lord Russell's jnnoceucy :
By way of Answer or Confutation of a libel-
Xina Pamphlet, entituled, ** An Antidote agiAnst
Poison.'' But the Antidote itself (wilfuUy I
suppose^ omitted." f Note to tbe first edit, of
vol. 8 or the State Tnals, in the Appendix to
which this was inserted.)
The lord Russell, ^ith others, are charged
by the indjctment with.Hip^h treason, for bon-
spiring, compassing, and imagining the death
and destruction of the king, and raising of a
rebellion within the kingdom.
And the Overt Acts wherewith they are
charged, are their meeting together, consulting
and agreeing to raise an insurrection and re-
bellion, and to seize upon the king's guards.
At the trial colonel Rumsey dul swear, tbat
there was a general rising intended in Octuber
and NovemW last, and Siat he was engaged
therein : and that the earl of Shaftesbury, who,
was likewise engaged therein, in November last
acquainted him, that the duke of Monmouth,
the lord Gray, lord Russell, sir Thomas Arm-
strong, and Mr. Ferguson, were to meet at Mr.
Shepherd's house in Abchnrch-lane, and ,^
him thither with a message to them ; that ac-
cordingly he went thitlier, and found the lord
Russell, and the rest there, and delivered to
them the message from the earl of Shafbbury ;
which was, that it was high time to come to
some resolution about the rising : Tbat answer
was returned, that Mr« Trenchard had assured
th^m, that, in four hours time, one thousand
foot, and two or three hundred horse should
be ready at Taunton. But now Mr. Trenchard
required two or tliree days notice of the rising
ana therefore they couldnot go on at present :
and that my loid Shaftesbury must ne coa*
tented.
He said the answer was pronounced by Mr.
Ferguson, and tbe lord Gray spoke to the same
fmrpose : And being interrogated, whetlie/ the
ord Russell were so near as to bear the mes-
sage ; be said he was so near, and could not
but hear it. And being asked by the lord Rus-
sell, whether he consented to the answer, he
declared upon his oatli, that the lord RusseH
did consent j and that they then treated and
consulted of the general rising : And both co-
lonel Rumsey and Mr. Shepherd did swear,
that the lord Russell and the rest did consult
at Mr. Shepherd^s about seizing, of the king*8
guards. And having at a former meeting ap-'
pointed some of their number^ viz. tJ^e duke of
Monmouth, lord Gray, and sir Thomas Arm-
strong, to view in wbjit posture the guards
were, they made report to the rest tlien^ that
they found them very remiss in their duties,
and might be easily seized. Mr. Shepherd
swore, that their meeting^ at his house was not
casual but appointed by uiemselves ; and that
they came late in the evening; and that 'my
lord Russell mentioned not any private basipctii
to him; neither had he then any private bu-
siness with the lord Rusadl. But the-loi-d
711] STATE TRIALS, 35 Chablbs II. l68dw— THsfo/
LprdRuitM, (714
Russell pretendinff he came to taste some not aawrt them to be ftbe, no man of any
Sherry, which he nad bespoke of Mr. Sbep- common ingenuity cab doubt them to be trae»
herd, Mr. Shepherd denied upon his oath, that
the lord Russcl had bespoke any shetTV of
hixn, or mentioned any such thing then to him.
The lord Howard gave in evidence upon his
oath. That there was a design of a goieral
rkdng^, both in October and November last ;
and tuat the earl of Shailesbury then acquaint-
ed him, he had 10,000 brisk boys ready. And
aAer the departure of the earl of Shanesbury,
it was thought necessary, for the preventing of
confusion, and more orderly managing of the
rising, that a select council should be held for
that purpose: And accordinglv the duke of
Monmouth, the earl of Essex, tfielord Russell,
cM>lonel Sidney, Stir. Haiubden, junior, and
himself, met m January last, at Mr. Hamb-
den's house hi Russel street, and ddnited cer-
tain preliminaries to the rising. Amongst others.
Whether the rising should be in London first,
or in the country m^t, or in both at once P And
the major opinion inclined to have the rising
both in London and in the country at one time.
That soon aiter, they held a second meeting at
the lord Russell's house, where all the last
when sworn by- credible vrttneases, and fotMi
by a substantial jury. Yet, to satisfy the coa-
science of a dying man, and to cover the
scandal of so great a crime ineom Tolgar or
partial eyes, these consultations and consphrm*
cief to raise a rebellion, and foment a general
rising, are represented to the people only m
some discourses about some stirs. Tliey may
be in Scotland some stirs, but in England they
are, and ever were, stiled rebellion.
As to the othier ^branch of the overt-acts, of
consifltinff to seize the guards, which the
paper mSLea the only crime ibr which the lovd
Russell was condemned ; this account is given
by the paper, That the lord Russell was at Mr.
^epherd*s house with that company but once,
and there was no undertaking then of securing
and seizing the guards, nor none appointed to
view or examine them : Some discourse there
was of the feasibleness of it, and several iime^
by accident in general discourse elsewhere.
This account whidi the lord Russell gnves of
this matter is rather a confirmation of the tes-
timonies of colonel Rumsey and Mr. Shepherd,
than an avoidance thereof: He admits thefea-'
mentioned persons were present; andwhexe
they again debated of the nsing, and then came . sibleness thereof was then discoursed of, and at
to this resolution, that some person should be
sent into Scotland, to invite some persons
thence, from the discontented Scots, to treat
with them, that they might be assured of what
assistance they might expect from the Scots:
That that matter was committed by them to
the special care and conduct of colonel Sidney:
And that colonel Sidney acquainted him, be
bad sent Aaron Smith into Scotland according,-
ly ; and that he had given htm threescore gui-
neas to defray the charges of his journey.
The lord Howard, interrogated by the lord
Russel], Whether he said any thing in those
debates, declared upon- his oath. That though
his lordsliipticvcr used to speak much, yet he
did ftpe&k in thoue debates, and consented to
what was done.
This was the sub.^tance of the evidence,
though delivered by the witnesses more at
large, as will appear by their depositions,
printed T^ith the trial. A clearer e;ridence to
prove the facts charg^ed, of meeting and con-
sulting to i*ai5c a rebelfion within the kingdom,
and to seize the king*s guards, I believe the
most experienced person in the laws can never
diew was ever produced at the trial of any
traitor. To the ^reatc^ and strongest part of
the evidence^ which is that of the lord How-
ard, and so much of colonel Rumsey 's, which
relates to the «,^enenil rising", of which the wit-
nesses malc^ full proo'f, the paper g^ves no
ansM er at all. With what confidence then can
the authot of that paper introduce a dying
man, asserting his own mnocence, and charg-
ing the jury with forwardness ^d injustice,
when the criminal cannot deny the facts upon
whit h the jury gave their verdict P But these
Acts,' whether true or false, the criihinal would
loot examinj) And if he could not, or would
other times likewise. They swore. That the
persons appointed to view the guards, reported
then, they found thenri to be very remiss in tiieir
duties, and miffhthe easily seized. The lord
Russell remembers he was at Mr. ^ephetd's
house but once ; l^epherd swore he was there
with that company twice, and at the last
time the report was made after viewing of the
guards.
The seizing of the guards wasnoithftqyj
nor principal ttct upon which the lord Ruasol
was condenmed, as appears by the proof stated;
but it was one of the instances to make out
against him the general design of raising a
rebellion, as one of the properest ways to se-
cure the general risin<|^, and was sumcieDtly
pix>ved by two witnesses to have been consultra
upon to that purpose.
Indeed, to what other purpose can any man
imagine the lord RusseH, and his accomplices,
who appeared to have been engaged in a design
of a general msurrection, upon such proof as
the criminal could not deny the fact, aboald
so often discourse of the feasiljleness of secoring
the guards, as is confessed by the lord RuBsell,
than in order to facilitate and secure tiior de-
sign of the general rising ? And the discourse
the paper owns to have teen at the lord Shafts-
bury 's, touchii^ thesame matter, who throu^-
out appears to be a principal agent in |he desisn
of the general rising, proves the seizing of the
guards to be part of the design. And though
le lord Russell then expressed a tendemess of
shedding cold blood, as a things detestable, and
so like a popish practice ; vet that ddoge of
blood which must necessarily have ensued in
the heats €if a ^^eneral rising, which b evident
he pursued to his last, did not at all affect-hiai,
because this might become any heroic diristisw
713]
STATE TRIALS, 35 Chablbs IL ]CftS^#r H^hlVeiUon.
[714
drswn inttrmourlby tfaepeiieiloftheaHthoriof
Jolian ; uid is not unlike t» the practices of
die andeBt chriitiaD, lo shamefiilly diagnised
by the same author.
If then the facta whereof the lord Ruaiell
was fonnd ffniHy by the jury, upon soch preg-
nant proo^ be so evident, how is it poaaiMe
for a dying man, before God and men, to
assert his innocency with snch assurance, and
CO frequently repeated in his speech to the
sheriff, thot)^ short, yet twice repeated?
* d. God knows how iar I was always from
* designs against the king's porson, or of al-
* tering the gOTemmeot. 9. 1 profess I know
' of no plot, either against the king's life, or
* the government'
In Sie paper dtiivered, it is thus expressed :
' Whatever apprehensions I had of popery,
* and of my own severe and heavy share I was
* like to have under it, when it should prevail, I
* never had a thought of doing any thing
'^ against it, basely or inhumanly, but what
* could consist wil£ the christian religion^ and
*the laws and liberties of this kingdom.*
Again; ' I have always loved my country
*• much more than my fife,' and never had any
' desisfn 6f changing the government ; and
* would have suffered any extremity, rather
* than have consented to any design to take
* away, the king's life.' In an<mier place,
he thianks God his part was sincere, and well
meant, and affirms his crime to be but mispri-
sion of treason at most ; and infers, so ' I die
* innocent of the crime I stand condemned for:'
Also he saiih, ' I know I was guilty of no
, * treason.' In the last place, he concludes ;
^ As I never had any design against the kiog's
*• life, or the life of any man whatsoever, so I
' never was in any contrivance of altering the
' government'
Half an eye may see these strokes are all
^wn by the same hand, with all imaginable
dcill, to quiet the conscience of a dying crimi-
nal ; and at the same time, by casting a mist
before the eyes of the unthinking mulutude, to
possess them with the innocence of the con-
oemned person, and the cruelty of thegovernment
towards him. Let it be considered with what
^ carefnl restrictions and limitations his innocency
is ushered in : That he knew of no jdot or
Jio design against the person of the king, or to
kill the king, or to alter or change the govern-
ment : That he neter had a thought of doing
any thing basely or inhumanly, but what could
«>n8ist with the Christian relig^n, and the laws
and liberties of this kingdom : That his crime
was but misprision of treason at most, and so
he is innocent of the crime he stands con-
demned for. What need of all these cautions,
lestrictions, and evasive circumlocutions, to a
pbin man, at the hour of his death, to express
nis imioceucy by ? If it had been real, a few plain
words would have done' it better ; viz. That he
was not engaged in, nor knew of, any design of
making an insurrection or rebellion within the
« luDgdom. He heard the proof made, and
knew thai w^ the cnme laid to his chargei
which 18 high-traason, both at oommott l^w,
andwitlHAthefiiatbraDchofiSSE. 3. Buttbat
was too dear amatter for a dying man plainly
to deny ; his cooscjepoe must have oontroukd
him.
And to let every mai^ understand the subcilty
of that paper in declaiation of the lord Rus*
sell's innocence, with such restrictions, it is
necessary to be known, that there were two
parts in ttiis horrid design ; one was a general
.rising, managed by a sdect council, wherdn
the conspirators, according to their di£Birept
principles, had their ^iffer^^t ends ; some were '
for a Ckrnimonweahh, though the fewer in
number ; others were for continuing the mo*
narchy and government, but with exdosion of
his royal highness. Of this latter sOrt were
the ddke of Monmouth, and the lord Hussell,
who plainly sets down in the WPj^v the duke of
Monmouth's o[i«nion of him, That thev were
both of a temper. And the lord Russell gives
his opinion of himself, That his earnestness ill
matter of the bill of exclusion had no small in*
flnence in his .present suffering: Though
spoken by him with great reflection upon the
government, yetit tnuy seems to have beoi the
natural cause of thoife extravagancies he wis
led into; his zeal in that matter transporting
him to sedc that by force, which the king had
before denied in a course of parliament
The other part of the plot was downright
assassinating of the king and the duke of
York; this was managed bv a council of
ruffians, who, according' to iheir principles,
judged this the most expeditious and safest way
to secure the general rising, aud render it
more e£fectual. This was made out bevond all
peradventure by many witnesses at the trials
of captain Waloot and Hone; the latter
whereof; besides the proofo against him, con-
fessed himself to be one of the number who
had engaged themselves to kill the king. For
this latter horrid fact of killing and assassi*
nating, the lord Russell was not accused thereof,
nor any proof offered to make it out:
And therefore his frequent professions of his
innocency, as to any plot or design upon the
king's life, or to kill the king, or his knowing
any thing thereof, and of his abhorrence there-
of^ as an iqhuman, base, vile, and barbarous
act, (which epithets -the paper gives to that
foul foot) are no plain declarations of his inno-
cence as to the cnme charged and proved upon
him< of conspiring and consulting to raise an
insurrection within the kingdom.
And it is evident, by the lord Russell's fe-
straining the expression of his innocency to the
design upon the king's life, and to killing of the
king, and omitting to mention the general
rising, which was ^ly proved unon him, that
the lord Russell intended only that. crime for
which Hone and Walcot were condemned, of
assassinating the king.
The other restriction of his innocency, as to
any design for alteration, or change of the
government, which he esteemed me best in
3ie world, which limounts to no more Ukam
' That he had a part in the iDsarrection, is
mdently proved, and not denied bj him : But
he nith his jrart was sincere and well meant
What that' sincere meanings was. he doth not
plainly tell us, which becomes a dyuff man to '
do ; but leaves us to conjecture, from the other
parts of the same paper, what his sincere pur-
poses ^ere. His zeal for the bill of exclusion,
and detestation of popeiT, which aooominnied
him to his deatby argfue nis sincere intention in
the rising to be somming that was for the pro-
moting of the bill of exclusion^ and the utter
extirpation of popery. Yet he professeth, that
notwithstanding all nis zeal affains^popery, he
never had a thought of doing any thine
against it basely or inhumanly, but whait wonla
well consist with the Christian religion, and
the laws and liberties of this kingdom.
This again renders the matter difficult, to
Siess^ at his sincere meaning in the design,
ut the oompder of the speech hath so ordered
th^ composition of the sentences, by the dis-
cretive particle < but,' that room is left for the
drying person to intend nothing to be incon-
sistent with the Christian religion, land the
laws and fiberties of this kingdom, but what
was base and inhuman, as the assassination of
the king and duke is judged to be ; and that an
insurrection only to compel the king to pass
such bills as his Protestant subjects conceived
necessary for the preservation of their religion,
^as no base and inhuman thing ; and there-
fore not inconsistent with the Chrmtian relinon,'
hot for the support of it ; nor with Uie laws
and liberties of the Idnsfdom, which allow, in
the opinion ot too mimy, bodi more ancient
and modem fomentors of rebeUion against
princes, a liberty in the people to acq|uire that
Vhieh they apprehend to be their right, and
for their preservation, by force, which they
•cannot obtain from their princes by fair means,
upon the account of a supreme law for preser-
"vation of themselves, and their religion/ in-
herent to aH governments.
To this purpose was prepared and published
that venomous book of Julian, so much hugged
and applauded by the conspirators, as a fit
fftlaister composed of ancient Christian prac-
ticeB, for such conscienoes who might entertain
^e least scruple agiiint tnfhmoiis fibelling of
7 IS] STATE TRIALS* 55 Charles II. i^sS.-^-Trkloftl^UikmiZjmllUtidl, [716
that lie liad no dasign himself^ nor knew of
any, to throw off moiurehy, and to introduce a
eommonwealth ; which is norer chai^ged upon
him, and may easily be presumed to be sacn a
government as was no ways agreeable to his
Mnffht of spirit.
But this is no denial of his being engaged in
any desi^ to make an insurrection ; tbotigh
his end m such insurrection were far short of
killing of the king, or changing the monarchy.
Let it be supposed to & only to over-awe
the king, that a parliament might sit to pass the
bill of exclusion^ and other lutts, for the Security
of the Protestant religion, or other specious
pretence whatsoever ; which is the best con-
struction can be puti^Km the lord Russell's
mince, or iwihg wa^ Sane or ooeroei
upon me government. ' To the same punoss
have been pnnted, and repnnted of late, diven
seditious books and pamphlets ; and another
wasprepating^ior the press, by one of tiie eon-
spirators," ^ To assert a rsupremacy in the
' people to determine fbr themselves, against
* their prince.*
The northern cUmatehatfaofbtefumidMd
us both with doctrines and examples of the
same batch. The compiler of th/B speech was,
without question; acquainted, if not infoded,
with those doctiiAes, tenets, and examples;
and therefore may be presumed to lie under
that great delusion, that it was lawful for sub-
jects to procure from thdr princes by force,
whatever they ju^^ necessary fbr the preser-
vation of their civuor religious rights, so in the
doing thdreol' their parts were smoere and well
meant :
'When nothing is clearer'by the laws of this
kingdom, than that to raise a rebeilioii,,of
make an insurrection, be the design or intent
'thereof never so speciously good, is higfa-
treason. And it is apparent that the lord
Russell, or the author of^ that paper, was mis'
guided in two principal and plain points of law :
First, That meeting and consulting to make
an insurrection, and in order thereunto to seize '
upon the king's guards, which the psp^ c&Ut
stirs, is not treason within the statute of Ed-
ward 3.
Secondly, That die lord Russda's being pre*
sent at the several consults for managing the
insurrection, and his part tberon, amouDted
only to misprision of treason ; and so condodes
himself innocent of the crime he stood con-
demned fbr, which was high-treason, for com-
passing the deadi and destriiction of the king,
by conspiring to raise a rebellion within the
kingdom.
These mktakes of the plainest points in law
are the only supports of the tordttuneH'e is-
nocency ;^ wlieieby he conaforted ^"*^^
bis death, and may mislead others into the
same ruin.
To prevent which, it is conceived seasooibb
upon this occasion, to state clearly wbst ^
law of the land is upon those pqipts, to the
common understanding of every subject
As to the first point, The meeting wd eon*
suiting to make an insurrectum against the
king, or raise a rebellion within the ^^^m^^^JP];
be me end thereof never so specious for palAC
good, though the rebellion be not aaoallT
raised, is high-treason by the laws of this 1^*
It was 80 at common law, by the consent of su
the books of law that treat of that matter,
and no one authority against it. It is so since
the statute 2.5 Edward 3, cap. S, within the
first branch of tiiat law agamst compasajof
and imasining the death oi the king. ^^
death of £e king in that law is not i-estraioed to
killing of his natural person, but extends as
well to civil death as natural. T6 conspii« to
depose the king is equally high-treason wio
that of killing the kmg : so for imprisooiBg «
8
717)
STATE TRIALS, 35 Cmaues IL l683.— /c^ Bigh Truutm. [71s
ti» kiii^i or nmag or takiiig of him into the
power of his sul^e^ w for laying any force
or restraint upon him, until he do what bis
nibiectB woiud hare him! These are all high
treasont for ciompaaeing his death, either Da«
tnral or cml ; uid all orert-acts, wluch de-
cfaure the intent of effecting any of these crimes,
as an meetinffs, coDSultoliobs, and agreements
to rise in rebSlion, and to seize upon the'king's
guards, which are his defence against force,
and im^ the aid and assistance of the king's
aul))ect8 of any other of his kingdoms, phiinly
are orert-acts of compassing the king's death ;
and sp hare been adjudged m all times, when-
ever anch case came into judgment. >
tn S and' 3 Phil. a;id M. one Constable dis-
persed dirers bills in the night about the streets,
m which was written, * That king £dward 6
« was alive, and in France ;| and at another
time, in Coleman-Street, pointed to a young
nan, and said. He was king Edward 6.
These things tending only to depose the
queen, were ^judged high-treason, ror com-
passing her death ; and Constable- was there-
upon mdicted, attainted^ and executed. The
case is dted in Calvin's case, Co. 7 Rep. fol.
106. 13 £liz. Dyer, 298. Dr. Story practised
with the governor of Flanders, to mvade the
realm with force ; and declared by what means,
and in what manner and place the invasion
might be: 'no invasion fbllowtng, it was re-
ferred to all the iudges, to consider what crime
it was, who resolved it to be high-treason ; be-
cause an invasion with power could not be, but
of necessity it must tend to the destruction, or
great peril of the queen.
Jac. 1. The lord Cobham conspired with
sir Walter Raleigh, and other the king's
subiects, to tnake an insurrectioi\ within w
Tcum, in order to set up the lady AnMla
Stuart to be queen: and to this purpose
tiealedwith the ambassador of the arch-duke
of Austria, for procuring money from the king
of Spain, and persuaded the lady Arabella to
write letters to the king of Spain, for his as-
sistance with fiorces, and letters sent accord-
ingly. Though the insurrection did not follow,
bvt a discovery made before it was put in exe-
cttlion, the lord Cobham, and others of the
conspirators, were indicted of high-treason,
for oompa^ng the king's death, and the se-
Tcaral meetings and consultations for making
the insurrection, and procuring the invasion,
laid in the indictment. The lora Cobham was
tried bv his peers, attainted, and executed. The
lord Uale, in his Pleas of the Crown, 13, takes
Dolioe only of the overt-act of writing the letters
to a foreign prince, incitiog an invasion, which
be allows to be a sufficient overt-act of tluit
treason which was laid in the indictment, fi>r
ooQipasBing the death of the king.
Inihe same^ year of Jac. 1, the lord Gray,
and other conspirators, met and consulted to
make an insurrection,- whereby they designed
to seiae the king into their power, until he
sbonld grant them a pardon (or all treasons, a
tolerstion of the exercise of the Popish reli-
gion, and the mioval of twelve of , the privy-
council; and should make the 4ord Gray
master of his horse, and several others of the
conspirators, ford Treasurer, ]fxd Privy Seal,
and other great officers.
They were indicted for compassing the
king's death, and raising a rebdlion wkhm the
kingdom, and no other overt-acts laid in thein«
dictment,but several meetings, consultations,
and agreements between the confederates, to
raise a rebeUion for the purposes aforesaid.
The lord Gray was tried by his peers, and
had judgment to be hanged, drawn, and quar-
tered.
In sir Henry Vane's case, meetbg and
consulting about treason were held .sumeient
overt-acts.
In IMunket's case latdjr m the Kmg*s-bencfa,
the bdictment was for nigh-treason, in com-
pasnng the death of the king ; the overt-
acts alTed^ against \^m were, consulting to-
raise an msurrection in Ireland, and bringing
of the French into Irdand, and collecting
money in Ireland, and holding oorresponden-
das in France for that purpoae. There waa
no proof of any deofn, upon the king's natural
person, which was m £ng1and ; yet he was
attamted and executed for high- treason, though
no insurrection or invasion followed : so that
there can be no question at this time of day,,
but that meeting and consulting to raise a re-
bellion, though it be not an actual levying of
war within another branch of the statute ot 35
£dw. 3, yet they are overt-acts of compassing
the king's death, within the first branch of that
statute.
The other gross mistake is. That the lord
Russdl's crime was only misprision of high-
treason.
Misprision of high-treason is the oonoeal-
ment thereof by a person who had a bare
knowledge of the treason, without any mixture
of his ocmsent. But if ^e pery)n be present
at the debates and consultations^ though ha
say nothing, if he do not immemately reveal,
but continues to meet, and be present at thdr
debates, he is a principal traitar. Where a
person was not present at the debates and re-
solves, but is afterwards acquainted with them,
and gives his consent thereto, it is high-treason,
and not a misprision barely.
This was the case of George Brooke, to
wbon\ the lord Cobham related the whole con-
spiracy of setting up the. lady Arabella y who
consented to the same, and was indicted and
attainted as a prindpal traitor in that conspi-
racy. Now the lord Russell, as he puts nis
owncase^of bdnf present at several meetinga,
where seizing ot the guards were treated of,
and horrid tilings spdsien, argues himself
guiltv of high-treason, th<wigh he make a false
conclusion from those premises, that it was
but misprision. But the wimesees proving his
frequent meetings and consults, and the last of
them at his own house, and his express ood*
sent to the matters debated and agreed up^,
do put it beyond a question to any man thsft.
719] STAT£ TftlALS, 35 Charles It. l6S3.^Trialo/mUiamlMrdRM$iM, [720
desires not to be wilfally deceived, that the
cHineof the lonl Russell was not a bare mis-
prifflon of treason, but hig^h-treasoa in the
nighest decree ; being to raise a rebellion
against the Icfng, the consequence wheneof in
afl probability would have been the destruction
of the king, and subversion of the govern-
ment, if not the desolation of the whole
kii^gdoin.
If, after this plain apooant of the lord
Rusaeirs Case,^ anj persons be so hardy €»
think the compiler of that Paper of greater
skill in the laws of the land than the reyerend
and learned judges, who have judged his crim*
to be high-treason; the utmost comfort be can
expect for his being decayed is, that he shall
have the like comrortable speech prepared for
him upon the like occasion.
A Defence of the late Lord Russell's Innocency. To which are
prefixed two Letters upon the Subject of his Lordships Trial.
By Sir Robert Atkvns, K. B.
FIRST Ll^TTER coooeming my Lord
RUSSELL'S TRIAL.
*' Sir ; 1 am not without the apjirehensions
of danger that may arise by adyismg in, or 86
much as discoursing of public affairs ; yet no
fear of danger shall hinder me from perform-
ing that duty we owe to one another, to coun-
sel those that "tfeed our advice, how to make
their just defence when they are called in ques-
tion for their lives ; especially if they are per-
sons that have by tlieu* general carriage and
conversation appeared to be men of worth, and
lovers of their king and country, and of the
religion established among us. I will follow
the method you use, and answer what you ask,
in the order I find in your own letters.
<* I cannot see any disadvantage or hazard
by pleading the general pica of Not Guilty : If
It fall out upon the proofs that the crime is
only misprision of treason, and not the very
crime of treason, the jury must then find the
prisoner not guilty of treason, and cannot upon
an indictment of treason find the P&rty eudty
of misprision, because he is not inmcted for the
ofibnoe of misprision, and treason and misprision
of treason are offences that Uie law hath distin-
guished the one fVom the other, and the one is
not included in the other ; and therefore if the
proofb reach no farther than to prove a mis-
prision, and amount not to treason, the prisoner
may urge it for himself, and say, that the
proofs do not mch to the crime charged in the
indictment : and if the truth be so, the court
ought so to direct the jury, not to find it.
** Now, being present in company with
others, where those others do consult and. con-
spire to do some treasonable act, does not
make a man ^uihy of treason, unless by some
words and actions he signifies his consent to it,
and approbation of it: but his being privy to
it, and not discovering it, makes him guilty of
misprision of treasoo, winch consists in the
cooeealing it, but it makes him not guilty
of treason. And if the same person be
present a second time, or oflener, this neither
does not make him guilty of treason ; only it
raises a strong suspicion, that he likes it, and
consents to it, and approves of it, or else he
would haveYorbom aner his having been once
amongst l^tm. But the strongest suspicion
does not sufficiently prove a guih in treason,
nor can it go for any evidence ; and diat upon
two accounts :
<* First, The proofs in case of treason must
be plain, and dear and positive, and not by in-
ference, or argument, or the strongest suspi-
cion imaginaUe : Thus says sir Edward Coke
in many places m his Third Institutes, in the
chapter of High Treason.
<* Secondly, In an indictment of High Trea-
son, there must not only be a general charge of
treason, nor is it enough to set forth of what
sort or species the treason is, as killing the
king, or levvinff war against him, or coming
money, or the fike; but the law requires that
in the indictment there must be also set fortli
some overt or open act, as the statute of the
25th of Edw. the Srd calls it, or some instance
given bv the party or offender, whereby it may
appear fie did consent to it, and consult it, and,
approve of it. And if the bare being present
should be talcen ana construed to be a sufficient
overt or open act, or instance, then thera is no
diflerenoe between treason and misprision of
treason ; for the being present without consent^
ing makes no more than misprision ; therefix^
there must be something more than being hardy
present^ to make a man guilty of treason, espe^
cially smce the law i^uires an otert or open
aot to be proved against the prisoner accused.
See sir Edward Cdce's Third Institutes, fol. 1S»
upon those words of the statute, (per overt ftct)
and that there ought to be direct tod manifest
proofs, and not bai-e suspicions and presump-
tions, be they never so strong and violent : aee
the same folio, in the upper part of it, upon
the word ^Proveablement) And the statute of
the 5th of Edw. 6, cap. 11, requires that theie
should be but two witnesses to prove the crime:
BO that if there be but one witness, let him bo
never so credible a person, and never so posi-
tive ; yet if there be no other proof, the party
ought to be found Not Guilty : And those two
witnesses must prove the person guilty of the
same sort or species of treason. As for exam*
pie, if the indictment be for that apeeies of
treason of conspiring tbe king's de^, both
witnesses must prove some fact or words tend-
ing to that very sort of treason : but if there be
two witnesses, ami one proves the prisoner
conspired the death of the king, and the otlvx
STATE TRIALS, 35 Charles II. l6S3.— /or High Treusm. [7^
wherein I paight be any way capable of doings
it. I beseech Almighty God to heal our dit'N
sions, and establish us upon tbe sure foundations
of peace and righteousness. I thank you ^r
the favour you have done m*, by imparting^
some public affairs, which might perhaps have
been unknown to me, or not known till after
a long time, for I keep do correspondence.
' " When there is an occasion, pray oblige
me by a farther account, especially what con •
corns these genUemtn: and though I haro
written nothing here but what is innocent and
justifiable, yet that 1 may be the surer againal
any (fisadfautage or misconstruction, pray take
the pains to transcribe what notes you tbmk fit
out of this large paper ; but send me this paper
back again inclosed in another, by the same
hand that brings it.
" There is, nor ought to be, no such thing
as constructive treason ; this defeats the very
-^ scope and design of the statute of the 25ttt
of Kdw. 3, which is to make a plain declaration
what shall be adjudged treason by the ordinary
courts of justice: the conspiring any thing
against the king's pei:son is most justly taken tQ
be to conspire against his life.
'' But Conspiring to levy war, or to seize
the guards, is not conspiring against the kipg'f
life. For these are treasons of a different spe-
cies.— Your faithful friend and servant, R, A.**
721]
witness proves tbe conspiring to do some other
sort of treason, this comes not home to prove
the prisoner guilty upon that indictment : for
the taw will not take away a man's life, in
treason, upon the testimony and credit of one
witness, it is so tender 01 a man's life, the
crime and forfeitures are so great and heavy.
'< And as there must be two witnesses, so by
the statute made in the ISth year Of his now
majest}^, chapter the Ist, (intituled. For the
Safety 6f his Majesty's Person) those two wit-
nesses must not only be lawful, but also ere •
dible persons : See that statute in the 5th para-
graph. And the prisoner must be allowed to
object against the credit of all, or any of the
witnesses ; and if there be but one witness of
clear and good credit, and the wtst not credible,
then, the testimony of those that are not ere- i
dible must go for nothing, by the words and
meaning of this statute ; See the statute. Now '
were I a jury-man, I should think no such
witness a credible witness, as should appear
either by his own testimony, or upon proofs
made by others against him, to have been
* particeps criminis ;' for that proves him to
be a bad, and consequently not so credible a
man; especially if it can appear the witness
has trepanned the prisoner into the cofhmitting
<if the crime: Then the witness \vill appear to
be guilty of a far higher crime than the prisoner,
and therefore ought not to be believed as a cre-
dible witness against the prisoner; for he
ts a credible witness that had the credit of being
a good and honest man, which a trepanner can-
not have; and this trepanning proves withal,
that the trepanncr did bear a spite and malice
Against the person trepanned, and intended to
do him a mischief, and designed to take away
his fife. Shall such a one he a credible wit-
ness, and be believed agpinst him ? God for-
bid!
" Then again ; it cannot but be believed,
that such persons as have been guilty of tho
same crime, will out of a natural self-love be
very forward and willing to swear heartily and
to the purpose, in order to the convicting of
pthers, that they may by this service merit
their pardon, and save their own lives : and for
this reason arc not so crediMc witnesses, isuch
jis the statute of the 13th of Car. 2. does re -
fluire. Read o^r the wh«de chapters of sir
Edward Coke of high treason, and of petty
treason; for in this latter of petty treason
there is much matter that concerns high trea-
•on. '
" I wish with all my soul, and I humbly
tnd heartily pray to Almighty God, that these
gentlemen that have given so great proof of
their love to the true religion, and of the just
ri^ts and liberties of their country, and of their
jBeal, against popery, may upon their trial ap-
pear innocent. I am so satisfied of their great
worth, that I cannot easily believe them guilty
of 80 horrid a crime. I pray God to stand by
tfiemin the time of their distress.
" I wish I might have the liberty fairly to
^ve them tbe best assistance I could, in that
you .IX. I
The SECOND LETTER.
" Sir ; I thank you for the unexpected ac»
count you gave me by your first letter ; but this
exact narrative you have now sent me of th^
ti-ial of that hoaoqrable excellent perM)n, my
lord Russell, hath exceedingly obliged me^
It was a thing I much desired, bui 1 knew not
from what hand to gain it ; for I was a littlw
impatient to hear what could be proved of so fbuf
a nature as high treason against a person of
whom I had ever entertained a ^ery high-
esteem. And though I had a very small and'
short acquaintance with him, yet no man that
has known any thing of the public affairs, or of
our late transactions, could be a mei-e strang-er
to his great worth. He had as great a name
for a ti'ue and honest English gentleman, an4
for good temper, and prudence, and moderation
as ever I knew any man have, and was ge«
nerally beloved by all that love our religion
and country. I presume your relation of the
proofs at his trial is certainly true in eveiy part;
and in the very words ; and it is a- thing that
might be and by many hands, the pi-oce^ingSi
being so public, and I suppose deliberate : pre-
suniiufi^ it to be ti'Ue, this I will affirm, that
upon this evidence, both that against him, and
for him, (might I have been permitted to have
made his defence for him at his trial afler
the cvid(^nce given) I could easily have satisfied
any equal and understanding judicious man,
that my lord ought to have been acquitted ;
and bad I been one of the jury that tried him,
I make no doubt I could clearly have convinced
all my fellows, (If they were nonest and indif«
3 A
f27l STATE TRIALS, 35 Chablbs II. 1683.— TWo/^ WiUkm Lord Russell, 172»
The body of that stat. of 25 Ed. 6. of trea-
sons, is prioted together with the ti'ial, (See the
trial, p, 616, of this volume,) so that it need not
he repeated here, though there are some other
daases in that statute not printed in the trial:
The occasion of making that statute appears
to be the variety of opinions that tlieo were,
what should be accounted treason, and what
not ; which was very mischievous to the sub-
jects, and gave too great a liberty to the
judffes of the ordinary courts.
To cure this mighty mischief, and to pre-
vent that arbitrary power of judges, this excel-
lent statute makes a declaration what shall be
adjudged treason by the orduiary courts of
justice. 'Not but that there might oe like cases
or other facts amounting td treason, besides
those there ennmcrated ; but those other facts
or treasons must not be adjudged by those or-
dinary standing courts (such as the gaol-deli-
very of Newgate, and the court of the king's
benci) at Westmbster itself are) : but in such
cases those courts must forbear proceeding, and
tlie case must be i-eserved for the determination
ofthe king and parliaihent. See that statute
ii^ the printed statutes at large.
' So that the court of gaol-delivery at New-
gate tiiust judge only and proceed upon no
other treasons but what are there enumerated
and specified.
Now the treasons in that statute enumerated
and specified '(for the word specified is' the very
word used by that statute) are these :
1. Compassing or imagining the death of
the kino^, queen or prince.
^ 2. Violating, or carnally knowing, the queen,
km^^B eldest daughter unmai-ried, princess
wi/e.
3. Levying war against the king. Not a
compassing or imagining to levy war, but an
actual levying war ; it must be a war begun.
Atid several other sorts of treasons are there
specified, not to our purpose to be recited.
The statute further requires, that the pei*son
indicted be probably attainted of some one
of these treasons by overt dectl, that is, some
.open manifest act or deed done, wliich must of
necessity also be expressly set down in the in -
dictment, and fully and clearly proved at the
trial by two witnesses.
See sir Edward Coke's Tliird Institutes, in
his chapter of high treason, fol. 12. in his ex-
position ofthe words of that statute, (per overt
jait) and there, fol. 5. upon the words (fait
compasser) he tells you the nature of that open
deed that the statute intends. It must be a
deed and not mere words: It must .be a
deed tending to the execution of the treason
iniagined. That deed must be an open deed,
that is, it must be fully proved, and made open
and manifest at t^e tnal by clear proof.
So that if the indictment fail of setting forth
one of those treasons that are there enu-
merated, it is not a good indictment upon that
statute.
If it do set forth one of those treasons, yet if
it do not set forth some open deed done by the
party indicted, that is, such a deed as does pro-
perly and naturally tend to execution of that
sort of treason set Ibrtli in that imlictmeiit ; in
such case also the indictment is not good.
' If both these, vie. the treason intended, and
a prop^, suitaMeopen deed, be well set fortb
in the indictment, (which make a good indict-
ment) yet ii'that very sort of treason intended,
and tnat open deed or fact, so set forth in the
indictment, be not also fully, deArly, and ma«
nifestly proved upon the tnal against the pri-
soner, he ought to be acquitted.
It will not suffice either t<\ prove it by one
witness, or to prove any other sort of treason, (not
charged in the indictment, nor any otb^ oveit
deed) other than what is so set forth in tliat in-
dictment, though it be by never so full a proof;
but upon that indictment the prisoner ought to
be acquitted, if that special treason, and thai
special overt or open deed, set forth and ex-
pressed in that very indictment, be not fully
proved, . . ' .
Now let us examine the indictment in this
case against the lord Russell, and the proofr
against him, as they are pubUshed by authority,
and observe how they agree with the statute,
and how the indictment and proofs agree the
one with the other.
It may be admitted, Ihat here is in the in-
dictment against the lord Russell, a treaaoii
sufficiently charged and set forth, viz. one of the
treasons specific^ in that stat. of 25 £dw. 3,
namely, tnat the lord Russe^ did compass and
imagine the death of the king. This is not de-
nied, but it is duly charged in the indictmtmt.
For those other charges iu the indictment, via.
his intending to depose the king, and lus in-
tending to move or levy war and rebellion against
the king ; these are inserted into the indiciniedt
as agc^ravationsof that horrid chme of intendtng
to kill the king, or as open acts of the other ;
but of themselves alone, they are no distiBct
substantial charges, nor arf they any of tbe
treasons specified in this act, upon which ad
this iod ictment is bolely grounded . For tliough
by the act of 13th of this king, tliat now is, capw
1, intituled, Au act for the satety and preserva-
tion of the king^s person, it is mf«ie high trea-
son (during the now king^s life, only) to oooipasa
or imagine to depose thekio^, ot to compass or
imagine to levy war against tlie* kmg, if
such compassing or imagmation be expressed
by speaking (>r writing, (ai tliough without any
open deed) yet tlie lord Russell was not indicted
upon that statute, (as the attorney general him-
self acknowledged openly at the trial) but only
upon the old statute of 25 £dw. 3, so that those
late-made treasons are not to our purpose.
So that the only treason charged in the in-
dictment, as a substantial charge, is that of
iuoagining to kill the king. And so the lord
chief justice agrees in his direction to Uie jury.
See the trial, pp. 635, 636, of tins volume.
But where is that other requisite, that other
most material part of the indictment, of the
open act or deeo ? without which the rest serves
for nothing : for it is not enouj^h by this statvla
mi
STAT£ TRIALS, 35 Charles II. iGss^or High Tredsan.
17S0
to make a man gniUv of conspiriiig or ima-
finiog ibe death of the king, nnless the party
ndictjeU hate expressed that ifua^^ation by
some open deed ; and that must be plainly set
doiWD in the indictmeot too, or else the indict-
BieDt (as was said befiire) is do good iodictmrnt.
And it must appear to the court upon the in-
dictmeot not only to be an open deed, but such
a deed as has a natural aptitude and tendency,
to the execution of that very treason so i ma-
nned. And there is no such set forth in this
indictment, and therefore the indictment itself
was insufficient and void.
• And that which seems to have a colour of
an overt fact, or open deed, set forth in this in-
4lictment, was not fully and sufficiently proved
neither : and then, though the indictment had
been sufficient, yet for want of due proof, the
yarty indicted ought to have been acquitted.
To these two points or matters shall the en-
suing discourse confine itself, and if this under-
taking be made good, the Antidote will appear to
l>e a rank poison, the lord RusselPs speech jus-
tified, and his innocency and loyalty cleared,
and his honour vindicated.
. The OTert iait, or open deed, set forth in the
indictment, (if there beany) are the things said
to be consulted of, agreed and concluded on,
▼iz. 1. To move and stir up insurrection and
vebellioB. S. To seize atid destroy the guards.
(Peruse the indictment carefully.)
Now neither of these are open deeds, in the
nature of them.
The first, which is to stir up insurrection and
rebellion : this is a distinct species of treason it-
self; it is the same with a levying of war (spe-
cified in this Stat, of 25 £dw. 3, which is the
only statute we have to do with in this case of
my lord Russell); and if it had been- set forth
hi the indictment as a deed don^, or thing
acted, that is, il* it had been laid in the indict-
ment thai the war was actually levied, or the in-
anrrection or rebellion actually raised or stirred
in», (as it is not, for it is only mentioned as a
^^^f agreed and con<^uded on, and not done)
yet It had not been a sufficient proper overt
tiiit, or open act, to make it a good inifictment :
because (as is said before) levying of war is a
distinct species from that of compassing to kill
the king ; and therefore cannot be made an
overt fait, or open deed, to manifest an ima-
gination of killing the king : for that one spe-
cies erf* treason cannot be a proper open act to
another sjiecies of treason, as will be proved
faereaiW.
bir Edward Coke in his third Institutes, fol.
14. in the third clause paragraph of that folio,
tells us, tliat the connexion of the words is to
be observed, viz. [thereof be attainted by overt
or open deed.] Thra, says sir Edward Coke, re-
lateth to the several and distinct treasons be-
fore expressed : whereof that of imagining to
kill the king, and that of levying war against
the king, are two distinct species of high trea-
son. And therefore, says sir Edward Coke,
the one of them cannot be an overt act for
f^other, that is, levying of war catmot be ap
overt act for that sort of treason ift imaginin|^
to kill the king, much less wbeu the indictment
" does not chai^ it as a war actually levied, but
only an agreement or conclusion for leyyiog a
war. Such agreement can be no open need to*
manifest an intont or imagination of killing
the king. This' is the main question be-
tween us. \
The other only colour or pretence to as
overt fait, or open deed, must be that of seiz*
ing or destroying the king's guard; For uo
other but these two are set forth in the in-^
dictment, or look any thing like overt w open'
acts.
And this latter is noffiing like to an overt
fiut, or open deed, in the nature of it ; for it in
not said to be done, but only agreed on, and
concluded on to be done. If it had been but al-
lodged in the indictment, that in pursuance of
this agreement or conclusion of the conspini*
tors, a view was accordingly taken of those
guards, and reported to the rest, (where^ the
lord Russell was one) that it Was fcasiUey
(whereof there is some colour^ or proof against
some of them) this had been more to the par-
pose : But being laid so imperfectly as it is,
theindictment itself must needs be insufficient,
for the reasons before given.
But, aUs ! the noble lord is gone ; and he
is gone from whence he would not be recalled,
a place of infinite bliss and glory, out of a
spiteful malicious world : It is we, it is the
lung and kingdom, it is the whole Phrteftant
part of the world, that sufiers the inestimable
loss of him : Not to* speak of the unspeakable
grief of his dear and disconsolate widow, and
other noble relations. ^ Pactum infectum fieri
' neqoit.' So that we may seem to labour in
vain, and it comes too late. But something
may be done for the benefit of his hopeful pos-
terity, and some small satisfoctioi^ may be
made to his noble family; by a writ of error,
for reversing of this attainder, and the avoiding
of the record ; for the 8tat. of 29 Eliz. cap. S,
extends only to such attainders for High trea-
son as then had been before the making of
that statute, and does not hinder a .writ of
error in this case, if the king will sign a peti-
tion for it. I
But to examine this last overt fait, or open
deed a little farther ; »
Viz. to seize and destroy the king's guards.
The guards! What guards? What or whom
does the law understand or allow to be the
king's guardb, for the preservation of his per-
son ? Whom shall the court that tried this noble
lord, whom shall the judges of the law that
were then present, aml^ipon their oaths, whom
shall they judge or legally understand bv these
guards ? They never reald of >them in all their
iwr books ; Ibere is not any statnte-law that
makes the least mention of any guards. The
law of England takes no notice of any such
guards; and thereibretbe indictment is un-
certain and void.
The king is guarded by the special protec-
tion of Almighty God, by whom he rfigni»
731] STAT£ TRIALS, 35 Charles U. 1683*— THd/o/' lyiUiam LoriRumU, [TSU
aod wbose vieegeEent he is ; He has an innsi*
Ue gnard, a gaard of glorious angels.
' Non eget Mauri jaculis nee arcu ;
' * Nee Tenenads gra?ida sagittiSy
' Crede, pbaretra.'
The Idng is gwoded by the love of kis sub-
jects: /
. The next under GoA, and the surest guard*
He is guarded by the law and eourts of yi»-
tice.
The Militia and the trained bands( are his
legal guard, and the whole kinsdom's guard.
The very julges that tneoibis noble loi^
were the king*s guaith, and the kingdom's
g«ard, and this lord Russell's g^rd against
aU erroneous and impeifect indictments, from
all false evidence atid proof, from all strains
of wit and oratory misapplied and abased by
coonsel.
^ What other guards are there ? We know of
no law for more. King Henry 7. of this kjng-
dniii (as History tells us) was the first that set
up the band of pensionei'S. Since this the ye^
men of the goard ; »inee them certain armed
bands, oommonfy now-a-days (after the Frenoh
mode) called tbe*King's life-guard, ride about
and appear with naked swords, to the terror of
the nation; But where is the lawP Where is
the authority for them ?
It liad been fit foi* the court that tried this
noide lord on this indictment to have satisfied
themsetvea, irom the king's counsel, what was
meant bv tl^se guards ; for the alledging and
setting forth an overt iait, or open d^, m an
indictment of treason, nmst be of something
that is inteHigtble by law, whereof judges may
take DStiee by law. And hereui too the in-
dictment (mis, and is imperfect.
But admit the seizing and destroy ing of those
who are now eaHed the kind's lifo-gaard, had
been thegnard intended within this overt fait,
or open deed ; yet the indictment should have
setfordi, that defaeto the king had chosen a
eertam niimbte of men to attend upon and
guard his person, and set forth where they M
, attend, as at Whitehall or the Mouse, or the
Savoy, te. and that these were the giuurds in«
tended by the indictment, to be seized and de-
stroyed: Thai by this setting t5rth the court
. might have taken notice judicially what and
« who were meant. Bat to seize and destroy the
king's guards, and not shew who and what is
meant, makes the indictment very insufficient
So much as to the indictment itself.
, In the next place, let ns look into the proofs,
as they areat large setforth and owned m the
prmted trial; and let us oonsider how far those
proolb do make oat the charge of the indict-
ment, viz. the compassmg and imagining tiie
death of the king : and how for they make out
that overt fiiit, or open deed, (siich as it is) of
seizing or destroying the kmg's guards, m
, order to the efieotmg of that compassing and
imagining the death of the king; Audit most
appear by proof fo be in tnith, so intended by
the oottspimtors, and levelled to that end : for
ff it were done, yet if it were done quite to ano-
ther intent and purpose^ and not to tiiat ' of
compassing the kmg'sdeath, it does noi coaw
home to this indietment.
There are but three witnesses tlurt can be
thoughtto bring the matter home, and to fix
any thing upon the lord Russell ; Colonel
Rumaey, Mr. I^cppard, and the lord Howard.
It 18 true, two or the three, that is col. Rom-
sejr, and the lord Howard, positivdy prove a
traiterous design, or discourse at least, by some
of the company, of making an insarrection or
rebellion, or (to speak it in the language and
phrase of thisstat. of 35 £dw. 3.) of levying
war against the king, (for aH these signify one
and the same thing) and they prove the lord
RusseU was sometimes present at those meet-
ings: But is that enough? Admit he wen
present and heard the deme of it, (winch yet
IS not fully and directly proved) yet if he did
notjoin in the debate, and express; and some
way signify his approbatioo of it, and consent
to It, it makes him not at aU criminous. It is
true, his afler-conoealing of it might hare
made him guilty of misprision of tnamn ; bol
that is a crime of another nature, and is ano-
ther dtBtmet genus of crimes, of which he was
notindksted.
Col. Rumsey, as to the overt-foit, (as they
would make it)'say8, there was some discourse
about seeing what posture the g^uards were in:*
And being asked by one of the jury, by whom
/the discourse was? he answers, by all th^
company that was there (whereof, as be said
before, the lord Russell was one). 8o that my
lord Rnssell may (I agree) be understood to m
one that discoorsed about seeing what postore
tbe guards were in : Nay, the colonel nys, aB
the company did debate it: And he says fur-
ther, the lord Russel was there when some of
the enmpany undertook to take the view' of
those gaards. And being asted b^ the attor-
ney-general, to what purpose the view was to
be ? The ct^tmnA answers, it was to sorprise
ourgnunds, if tbe rising had gone on.
liie chid" justice merving to tbe witness,
that he ought not to deliver a doubtful evi- .
denoe, and to speak it with limitations, tbat
made it not so positive ; as by saying, I appre-
hend so and so: then the colonel grows
more positive, and says further, diat a rising was
intended; but afterwards he says, there was
no debate of the rising. At last the witness
being asked by sir Ge<^go Jefieries, whether
the prisoner were present at the debate eon^ -
cermng tbe message from the lord Shaftesbury
to the company then met, and the answer re-
turned to it ; he flatly says, the prisoner was
present at that debate fwhich debate did indeed
concern the rising). Being asked by the same
person, whether my lord was averse to it, or
agreeing to it; he answers Hke an echo, agree-
ing to it. Nay, then he says, my lord Russdl
did speak, and that about the rising at Taanton,
and that he did discourse of the rising: But
what were his words? Being questroned again
by the chief jostioe, wheAer m^rlotil did give
1
753] ^ATE TRIALS^ S5 Charles n. lehS.-^for High TredsoK.
[734
My eOMCfit to the tibid)^, be aMwen still like
Ml echo, my lord, lie did. Anil this last mswcr
■ Ibe traigbty part of bis evidence, if there be
may weight at aJI.
Now mind the defect of the witnees's me-
ikMNry i»' some other most material passages.
lie thinks the kird Grey did '^ay somethiog to
the same purpose, witli the answer d^versd
by Ferenson to loid ShaAesbury's message.
He does not know (says he) how oiWn he
liimself (the witness) was at Mn Sheupard's
Wssft where tills debate was. He savs he was
there more than once, or else I beard, says he,
BIr. Peiguson make a report of another meet-
ing to the lord SbaHeslmTy. And then he
says, that this was all at that time that he re-
aembered; and before this he had said no
-aove against the lord Rnssdl, but &at be was
-present; and after this, upon mach inteitoffat-
vug of him, he proceeds to tdl a great deal
BMire, indeed all the rest that has been before
eheei'Tod to proceed from him. And after all,
lie says, he thinks he was not there above a
^oarter of an hour. He says, he was not oer-
taiB whether he did bear somethinir about a de-
claration tf^re, or whether Mr. Ferguson did
report it to my lord Shaftesbory, that they bad
dmted it. And the witness speaking of a view
to be taken of the guards, to surprise them ;
the lord chief justice seems to be surprised at
that word : The guards ! he never met it in all
his books. What gubrds ? Why yon know it
is nentioQed in the indictment ; but be might
Yet Fciy wdtl afdc what guards : And the oo-
bnel answen, the guards at the Saroy and die
Mense.
The erionel says, he thinks the duke of
HBBBKHidi, and the lord Grey, and sir Thomas
Armstrong, were the persons that undertook to
view the guards. And he thinks, sir Thomas
Armstrong began it, and Mr. Ferguson. And
he says, further direction was giren to take a
tiew of the guards, if the nAjig bad j^one on
|t0 it never did); and then he mentions the
▼ery day that had been appointed for the ris-
ing, viz. die 19tb of Kovember ; and that the
message from the lord Shaftesbury was, he
thbks, a matter of a fortnight before that day,
•r sometbine more ; Ibr be thinks it was oon-
eiaded tSkmoay fortnight after my lord Grey
met The mention of my lord luissell's con-
sent to this risbg, comes in at the last, and
after many questions asked him, and not
till that very particular question was put to
him ; and he answers in tne very same words
as the question vntt asked. The chief justice
asked him in these words :. Did my lord give
> any consent to the rising? The cofonePs an-
swer was, yes, my lord, be did. But how did
my lord Russell signify that consent? IVbat
words did he iise that may clearly exnress it P
For this is the pmching proof. If it nad been
certain and cleared by remembering the man-
ner of his consenting, or bow it did appear ;
why was not this put home to the witness?
This is the material part of his evidence, with-
out which the rest nad not come home to the
priscmer: And why did not tlie witncm
this of himself? And before his giving this
home evidence, he had said, that was all at that
time that be remembered : And this was at the
same Ume with that of the message, and of the
discourse about viewing the guai-ds. He af-
terwards doubts whether he was any more than
once there with that company, or whether he
heard Mr. Ferguson report things to die lord
Sbaflcttbnry ; which shews a wild idad of me-
mory in a witness, and the colonel is no ibol,
nor naby ; so that there is but one lime posi-
tively spoken of by this wstaess. How strangely
uncertain is he in the matter of the dedacatmn,
to which he was examined! A <most noled
thing! And he cannot tell whether he heard
any thing of it there, or whether Mr. Fergu-
son told him of it It is to be suspected too,
that what he has delivered positively at last ss^
late in his evidence, and after so much inter-
rogating of him, was but mere hearsay too,
aiul then it would not have been any evidence.
He has not, it seems, a good diitii^Hbiiig
head or memory, as a witness ought to have in
case of life, and a life of so high a value as diis
of tliat noble lord.
And many other material passages this
witness ddivers under that timitation, as he
tiiinks.
The rising was intended, but never todk ef-
fect; and the view was no more than appointed
and undertaken ; but the seizing of the guards,
as this witness says, was not to be unless the
risnig had |;one on, which it never did. Ha
spei£s nothmg of any view made of theguards,
or any report upon it : But he swears my lord
Russell consented to the rising. That is his
stabbmg evidence ; but by what words, or bow
he signified his consent, not a word, though^
mighty material.
But what is this conspiracy fer a ritti^ ? and
a conMHracy to seize me guards? (in case die
rising nad gone on) what are these to the
crime charged in the indictment against the
lord Russell, for conspiring the death of die
king?
Here is not a word of any such matter, nor
of seising the guards in order to it, no not on%
word.
And that is the only material part of the in--
dictment (as shall appear more plainly here-
afker.)
The second witn^ Mr. 1%eppard, menlmnt
the meeting (at his house) of the duke of Mon-
mouth, and among die rest, the lord Russefl,
and they discoursed of surprising the guards ;
and that the duke, the lord Grey, and air "nio-
mas Aimstrong (as he rememoers) went One
night to view the guards ; and the next d« v at
his house they said it was very feasible, if they
had strength to do it : And then he says, there
was two meetings there, and as be remembers,
my lord Russell was both times there. Being
askea by the attorney general, besides the seiz-
ing of the guards,, it tnere were any discourse
of rising ; ue answers, he did not remember
any further disoouiae, for he was often gone
735] STATE TRIALS, $5CHARhBBa/l6sS.--Wal&fmUkmL9riRifBiett, ps6
oift of the room : And this is Ibe effect of tiiat
besays.
If any thing of this comes near my lord
RoBsell, it is those words, first sfiving an ac-
count of who thev were th|it were met, and
thai mv lord RosseU was one of them ; he says
the substance of their discourse was how to
surprise the king's guards : This may be true,
, if one or two of uie company only discourse it ;
for it does not necessarily affirm, that every
one did speak in that discourse, he does not
meutkm one word spoken by my lord Russell,
nor that he approved of, or consented to any
thitig. At the worst, for any thing that be
says, it can . be but mispiiaon : He can say
nothing as to the intended rising. Now co-
lonel Uumsey's evidence is altogether of that
rinng, and the seizing of the guaras was to have
been, if the rising baa gone on ; and this was at
the same time that Mr. Sheppard speaks to :
And yet Mr. Sheppard bring asked if there was
any discounse of rising, he answers, he did not
remember any further discourse.
Nor does colonel Rumsey certainly remem-
ber toy thing of a declaration read amongst
them, whether be beard it there, or whether
by Mr. Ferguson's report of it to my lord
tmaftsbury ; which is one of tbe principal
things that Mr. Sheppard speaks to (besides
Ihat of seizing the guards). And as to the
declaration, Mr. Sheppard says, hecamiotsay
my lord Russell was there when that declara-
tion was read.
So they agree in nothing but in tbe discourse
of seizing the guards, and that my loiyd Rus-
sell was then present.
• So that as yet tbe sum of tbe proof by colo-
nel Rumsey is, that my lord Russell consented
to the rising, which is too general ; and the
sum of the proof by Mr. Sheppard is, that my
lord Russell was present in company when the
company discoursed of seizing the guards, but
he Imows nothing of the rising.
The third witness (the lord Howard) dis-
courses much about a conspiracy to rise, but
he speaks most (of what he says) by report
from the earl of Shaftsbury, and from tbe
duke ; so it goes for no evidence against my
lord Russell ; and the chief justice did the
prisoner that right, as to declare as much to
tiie jury : And the lord Howard clears tbe duke
from any such horrid act as the killing the
king, the duke said he would not sufier it ; and
if the duke be innocent in that, it is probable
that my lord Russell, and (be rest of the com-
pany tnat met, had no discourse about kiUinff
die King, nor any thought that way; whi(£
yet is the great and only substantial charge of
this indictment, which must still be mind«l
and observed.
My lord Howard does indeed proye two
several consults, one at Mr. H^mbden the
younger's, the other at my lord Russell's
about the niiddle of January last, and after,
and that my. lord Russell was at both ; and
these consults were of an insurrection, and
Wbere to begin it, m^ of providing arqu m^
moneyt and of sending into Sootknd to Sttde
an undertaking with the lord Argyle. And
being asked what my lord did say, lie aaswen
thus, viz. Every one (says he) knows toy kwd
Russell is a person of great judgment, and not
very lavish m discourse. But Sd be consent?
was a question asked by sir Geoige Jefleries.
The lord Howard answered, we did not p«t it
to the vote, but it went without contradictioD,
and 1 took it that all diere gave their consent :
That lord Russell joined in the conncil of six,
that he approved of his being chosen for one,
that he said one word in these two consults,
there is not' any proof by the lord Howard ;
ooly he says. He took it that all there consent-
ed. Is that enough? O strange evidence ?
I will not here take notice, or examine,
how tar tbe lord Howard is a credible wiloew
in this case, but refer tbe reader to the testir
mony of my lord Anglesey, Mr. Howard, and
Dr, Burnet ; or how iar any of the 3 witncsse*
are to be believed, having all three upon their
own testimonies been Pariicipes CrUninis^ and
it is supposed have their paidons, or are pro-
mised pardons : Not that this is oflered to db-
able them . quite from being witnesses, bqt
surely, all tnin^ considered, it much lessens
their credit in this case ; nor does it make them
the more credible, because no other witnesses
can be had. But then consider that most ex-
cellent character given of tbe prisoner by per*
sons of honour, and of tbe highest esteem for
ability and integrity, and such as contradicts,
and is inconsistent with the charge of the in*
dictment, and whatever is of weight in the
evidence against him ; and especially if you
give any credit to the lord Howard himself,
who upon his oath does declare, as in tbe pre-
sence of God and man, that he did not believe
that either the duke of Moomputh, ormykird
Russell, had any design to murder the king;
which is the only effectual charge of this in-
dictoient.. These things considmd, it seems
very strange to me, how the lord Ruasell could
be found guilty of a compassing and ima«
gining tbe death of the king, tor 90 is tb^
verdict.
Tbis answers most of the observations madc^
ST »
y the author of the Antidote upon my lord
Russell's sjpeech, restraining the expression, as
be sayj^ ot his innocency to tbe oesign upon
the king^s life, and to killmg of the king, and of
omitting to mention tbe general rising; whicb^
as this author boldly affirms, was fully proved
upon him; and that my lord's professions of
his innocency, as^ any pUtupon the king^s
life, or to kdl the king, or bis knowing any '
thing thereof, these (says the«uthor) an^ na
plain declarations, of bis innooency, aa to the
crime charaed and proved upon him, tof coo«
spiring andconsulting to raise an insurrection.
Nor was there any need of my lord's answer*
ipg that, for it was litUe material.
How uncertain, bpw tlisfigreeing, how un*
applunble to the charge of the indictmept thiMa
proo& are, has been fully observed ^eady i
wi (b« t^utbor gTQs^Jy nuf^^ in hi? j«<^«
737] STATE TRIALS, 35 Charles II. 1 683.— >r IJigk J¥mon. [733
nenty when lie takes the congpiciii^ and oon-
salting to raise en insurrectioii to be the crime
chan^jed in the iadictment ;' for (a$ was obseir-
cd before) the charge of the indictment is, the
conarassinfif and imaginings to kilt the king ;
and that of a conspiracy to raise an insurrection,
or to levy war, is none of the crimes or treasons
e&amerated or specified in the act of 35 Edw^
3, a])d therefore could not be the crime charged
ID the indictment, which is grounded only
vmon that act of 25 Edw. 3, (as the Attorney-
General acknowledges) for it is an actual levy-
iog of war, and not a conspiring only to le?y
war, or raise an insurrection, that is the treason
mcified in that act of 25 Edw. 3. And there-
wre the mention of other things are but by way
of aggravation, for the more ample setting forth
of the crime chained, which is of compassing
the king's death: And that the conspiring to
make an insurrection, cannot be an open deed
to prore a compassing the kb^'s death, has
heen already spoken to, and shall yet be more
lullv.
Nor is the author more mistaken in his obser-
vatioiis upon the matter of fact, and his unwar-
ranted conclusions and inferences raised from
thence, than he is in his determinations of mat-
ters in law arising tirom that fact.
The death of the king (says the author) in
^t law of 35 Edw. 3, is not restrained to kill-
ing of his natural person, but extends as well
to Bis civil death as natural : As to conspire to
depose the king, to imprison him, or laying
any^fprce or restraint upon him; these (says
the author) are all high treason, for compass-
ing his death, natural or ciyil : If so, why
then we are at never the more certainty for this
exoelient law of 25 Edw. 3.
I agree, that conspiring to depose the king,
to imprison him, are treasons ; hut it is not so
plain that they are treasons within this law of
S5 Edw. 3y upon which this indictment is
pounded. It is true, they are made treason
by the late act of 13 of the now king, and
have hy several temporary acts (such as this
of 13 Car. 2, is) been made treason : But this
proves, that they were not judged by those
parliaments, that jiassed those temporary acts,
to be treasons within the statute of 35 Edw. 3.
For vhy then were these temporary acts
made? What need was there of them: Sir
Edward Coke, 3 Inst. fol. 9, in Uie last para-
graph but one of that fol. says, A conspiracy
to levy war is no treason ; he means within the
act of 25 Edw. 3. But it has been made trea-
son since sir Edward Coke's time, viz. by 13
Car. 2. And let it be remembered, that the
great end of making this excellent law of 25
£dw. 3, (as appears by the preamble) was to
avoid uncertamty, and variety of opinions,
and to prevent the arbitrariness of juuges, in
the ordmafv courts ; and the act takes care,
that doubtful cases, such as are not plainly
within the enumeration of the act, are to be
reserved for the iudgment of the king and par-
liament. And nereih consists the excellency
of this law : * Quod fieri possit, quam plurima
VOi. IX.
f" Legibus ipsis definiantur : C^iam paucissima
* Judicis, arbitrio relioquantur.' And as tlie
learned lord Bacon, in his Advancement of
I^earnin^, tbl. 447, says, That isi the heat law
which gives least libeitr to the judge ; he the
bestjudge« that takes least liberty ^to himself :
* Mtsera est servitus, ubi Jus est vagum.' And
this law is a declaration of law, and therefore
ought not to be extended to like cases in the
construction of it : And it is made in the pu-
nishment of the greatest offeuces, and is as
penal as a law can he ; and therefore ought
not to be expounded by equity, that is, to be
extended to like cases.
It is true, the opinion of the judges hath
been, that conspiring to depose or imprison
the king, is a compassing or imagining the
death oi the king. And if a man declares by
overt-act, that he will depose or imprison the
king ; this, says sir Edward Coke, 3 instit. fol.
6, upon the word (Mort) is a sufficient overt-
act, for the intent of killing the king. Mind
hiin well ; he does not say, that conspiriog to
depose or imprison the kini^ is an overt-act, to
prove the conspiring, the king's death ; which
IS the opinion the Antidoter maintains, and
for which he cites all liis cases after%i'avds
cited. But sir Edward Coke says, that con-
spiring to depose or imprison the king being
declared by overt -act, this overt-act is also a
sufficient overt-act for the intent of killing the
king.
It is one thing to conspire to depose the
king, and another thing to declare that con-
spiring by some open act : they differ as much
as thmking does from acting. Now in this
case of the lord Russell^ the author of this An-
tidote, and some others, (as appears by the
printed triab) would have us believe that very
conspiring to levy war is an orert-act to prove
the oompaasinff and imagining the king's
death : for which there is not the least ground
from snr Edward Coke. First they are dif-
ferent species, as sir Edward Coke observes in
his thhu Institutes, fol. 14, the third para-
graph; and therefore (says he) the oue of
them cannot be an overt-act for another ; that
is, conspiring to levy war, nay the actual levy-
ing of war too, which is one species of treason,
cannot be an overt-act for the compassing the
death of the king, which is another species of
treason. But this is that the Antidoter labours ;
only, says sir Edward Coke, the overt-act of
the one, may be an overt-act tor another sorter
species of treason.
And I agree it, if the overt- act in the one
sort of treason, may as fitly and as properly in
its own nature, and as equally, be also an overt-
act in the other sort^ and had a tendency to
the execution of that other sort And it also
does appear by the proofs, to be so intended
by the conspirators. As for example : actual
seizing of the king's guards (not a conspiring to
seize Uie king's guai-ds, and such guards as
are not plainly set forth in tlie indictment what
they are) may in its nature he an overt-act, to
make manifest ihe comparing of the king's
M I
rS9] STATE TRIALS, 35 Charles II. l6SS.^TirUl t^Wtmam Lari mtutU, [740
death, and h an act proper enoogfb, and has in
its Batura a tendency towards the execution of
the conspiracy to kiU the kine: but then it
must be preyed to be so intended and designed,
that is, in order to the killing of the kin^. But
if it appear otherwise upon the proof, fas here
it did) that it was not so intended, but aesigned
merely in order to a rebellion, and levying of
war, (for which also it is as apt and proper in
its nature, and has as great a tendency that
way) then it cannot be applied nor made use of
as an ofbrt-act, to prove the compassing the
king-^s death (as in this case of my lord Rus*
selPs it was) : for this (as sir Edward Coke well
says, fol. 14, the latter part of the third para-
graph of tliat ihKo) would be to confimnd (he
several classes or species of treason : and the
confusion of species is abominable in nature.
And where sir Edward Coke seems to com-
ply with the opinion and practice of some
judges, that the overt-act of deposing may be
a good overt-act of killing, (which vrith the
distinction that I have offered, is just enough)
yet he has some hesitation ; for he concludes
that opinion of his with these words, fol. 6, in
his third Institutes, upon the word XMo>^]>
Bat, says he, peruse advisedly the statutes of
13 Eliz. cap. 1. And why those statutes?
Because by those statutes, conspiripg to depose
the queen IS made treason; which needed not
(as has been observed already) if it was treason
within that clause of compassing the king's
death, within the statute of 25 Ed. 3. The
like may be observed in many other such tem>
porary laws, as that of 25 H. 8, cap. 22. 26
H. 8, cap. 13. 28 H. 8, cap. 7. 1 Ed. 6, cap.
12, and 5 ^ 6 Ed. 6, cap. 11.
And it is worthy observation, though by way
of a short digression, that in many, if not in
every one of these temporary laws of treason,
there is an express clause and provision still,
that concealment, or keeping secret of any
high treason, should be adjudged misprision of
treason : as if there were great need of that cau-
tion, lest the judges might judge concealing of
treason for high treason.
Now to shew the tenderness that the judges
heretofore shewed in the expounding of mis
statute of treasons of 25 Edw. 3, and how cau-
tious they were in extending it beyond tlie
strict sense and letter of the statute, read the
case in Mich. 19 Hen. 6, fol. 4T, Case 102. A
man was indicted in the King's-bench of petty
treason (which is declared too by the same
statute of 25 Edw. 3, cap. 2.) for killing his
mistress, whom he servetl. And because the
words of this stat. of 25 Edw 3, decliare it petty
treason where the servant kills the master, they
were in doubt whether it oun-ht to be extended
to the mistress, or not. And there the judges
of til e King's-bencb (before whom the case
was) scut to the judges of the court of Com-
mon-pleas then sitting, and to the seijeants
there to know their opinion of the case. And
by advice of all the judges of both courts, it
was adjudged petty treason for the servant to
kill the mistreis, not only witilin tbe meaiUDg,
but within tlie very words of th«t staitate ; Ibr
master and mistress are in effect hot one and
the same word, they diflfinring only in gender.
Sir Edward Coke says, sfnstit. ibi. 20 & 22.
The judges shall not judge d timili^ or by oqaky,
by argnm^it, or by inferenee of any treason }
but new or like cases were to have been re-
ferred to the determination of the next par«
liament : * Ubi terminataa sunt dubitalioMn
Judiciorum,' says Bracton.
Let us in the next place examine the audio*
rities in law, and book-cases, cited by this aii«
thor of the Antidote, and see how far they
make good his opinion, that meeting and con-
sulting to noake an insurrection against the
king) or raise a rebellion, (which is tho seme
with levying war, within the words of 25 Edw.
3,) though the rebellion be not actually raised,
is high treason within this law of 25 Edw. 9.
For so he proposes the question, fol. 5, of hi*
book. And if he does not conliue his argu*
ment to that stetote, he says nothing to tht
lord Russell's case.
To prove the meeting and censnlliog to make
an insurrection against the king, or raise a re-
bellion within the kingdom, (mOtM^ the re-
bellion is not actually raised) is high treason
within the statute of 25 Edw. 3, cap. 2, (whicb»
put all together, is the position the Antidbio
maintains^: he cites the case of CoartaUe,
mentioned in Calvin's case, sir Edward Coke's
7th Ilep. fol. 10, b. and thence infers, that
whatsoever tended to the deposing qneen
Mary was a(]|)udged treason ibr eompassin^
her death.
And this no man denies ; and it agrees with
the judgment of sir Edward Coke, in this
chapter of treason, fol. 6, upon the word [Mort],
whore he says, be that declareth by overt- act
to depose the king, does an overt-act of com-
passing and imi^ning the death: of th« king:
and so rays sir Matthew Hale's Heas of tM
Crown, fbl. 11, towards the hAter end.^ Bni
what is this to the point in himd, which merely
concerns a meeting and consulting to nxike an
insurrection, or raising a rebe]hot>, which is tbt
same thing with conspiring to levy vrwt ? CTon-
^ spiring to de|K>se the king, and conspiring to
levy war, are different things ; as conspiring to
levy war is clearly hdd to be a distinct treasen
from conspiring the death of the king. And
I therefore the former of these (as hath been be-
fore observed) cannot by law be an overt- act of
the latter, as appears W the said treatise of the
Pleas of the Crown, fol. 13, towards the latter
end. Nor was conspiring to levy war, without
an actual levying of^it, any treason within the
statnto of 25 Ed. 3, upon which statnte onlf
the indictment of the lord Rassellis gronndeil,
as is acknowledged bv the attorney-general.
And dierefore to supply that defect, the sta-
tute of 13 Car. 2, does expressly make it to be
treason. But the lord Russell was not indietetf
upon that statute of 13 Car. 2, and fW this
reason he ought to have been acquitted upon
Sis indictment grounded onfy upon the etatnto
'25£dl!V«9*
r4i] STATE TRIALS, 85 Ciuute 11. I€6^^->r i%ft TMm^u.
[7«
AM ifpMotiBidg with « ftwNg;n prince to
Alto mn iBYMon, (wben no iavaaion ibiloiretl,
«• the etms «f Dr. Btory ivm) Dyer 298, be
iftU one with oeDspiriiM^ to levy war, when in-
deed be war it raised ; it is oat of ail dkiptite,
tkmt SHch practising, aad sodi conspiring,
ea&aot be treason within the statute of 25
Cdw. S, theogh it be treason M'ithin the statute
•f IS Gar. fi.
la the case of the lord Cobham, 1 Jaoobi,
there was more in .the case than oonspiriog to
nake an insurrection (which is all that the
•tithor of the Antidote takes notice oit) : there
was also aa actual rdieUien raised, as appears
by the said little treatise, styled, The Pleas of
tae Crowo, .fol. 13, for the people were there
fwmblod to take the king* into their power,
as that book puts the ease of the lord Cob*
ham.
And 80 it is in the case of the lord Grey :
f»r there they had not only oons^hred to make
an insurrection, but farther, to seize the king,
and get him into their power ; which b a
direct conspiring against his person, which na-
tarally tends to the destruction of his person,
and is the same mth conspirinff his death, as
hath been usually expounded : but it is other-
wise merely to conspire to make an insur-
rection, which can be no lopre than conspiring
to levy war. The case of sir Henry Vane, and
Plunket, had many other ingredients to mount
them up to treason, which diiferents them
Irom my lord Russell's case. \
As to the point of misprision of treason,
with which the anthor of the Antidote con-
dudies, I have fully declared my opinion al-
ready in the former part of this discourse ;
and, 1 think, plainly evinced, that though the
noble I^rd migbt be present while others might
between themsdves privately debate matters,
and condude upon lliem, yet it did not eleariy
appear by any prooA, that this aeble lord ever
gave the least consent to what was so eon-
eluded; without which consent it could not
amount to treason, but at the most be a mis-
prision only. Nor must any man's life be
taken from him upon presumption or |irobable
arguments, but by plain, direct, and manifest
downright proofs. But a more strong, and
indeed a violent presumption lay quite the
other way, that this noble,,pr«dent, and pious
lord couid never be guilty ot* sueh a crime, as
to conspire tiie death of king Charles the
Second : it was extremely agaisMBt his iiiterest
80 to do ; for the life of that Icing, so long as It
continued, by the blessing of Clod, was the
great srcurity , both he and all good Protestants
bad against the greater danger that miglic
happen by the change arising by/the death of
that king, of losing our religion, and all om-
civil and religious rights, as the experience ive
have lately had, hath sadly taught us. And if
any thinr were consulted between this excel-
lent loruand those with whom he met, as is
more than probable, it was how to secure
themselves agaipst those dangers they .saw so
near approaching, if the life of king CbaHas
the second shoiud iiiil ; tliere was so great a
cause to fear them, considering who was tike
to succeed in the throne.
The Magistkacy and Government of England Vindicated :
Ju Three Parts. Containing, I, A Justification of the English
Method of Proceedings against Criminals, &c. !!• An Answer
to several Replies, 8cc. III. Several Reasons for a general Act
of Indemnity. By Sir Bartholomew Shower.
IN the present age, when the variety and
flsaltiplicitT of new pfiints is snch, that the
OMHiey and time required for i their purchase
and perosal, is more than an ordinary gentle-
BMtt can reasonably allow ; it may deserredly
be thought a nuisance to the ponlic to have
teir numhers increased ; especiallv since the
eonphdnt of the ingehious author or the Trim-
ner^s Character, that for .this Tery cause, he
«ould almost have wished himself unable to
read } hut yet the support of magistracy and
gofcrimieiit is a noble theme, so useful to tiie
■nblic, and so generally agreeable to the
kamonr of mankind, that the mere subject will
(1 prerame) be an excuse for this publication,
if any th]ii|^ ean be so.
At this tune of day none would have thought
that a necessity should happen of writing
vpon such a topic, when erery English Pro-
testant was entertaining himself with the pleas-
httprospeetof imnartial, due, and indifferent
ttuimJstrationB, wnen authority was becoming
amiable and easjr to the people, when the
people wer^ inclining to a zeal and affection
for the honour of magistrates ; in short, when
the law was recorering its cbuded credit : in
this conjnncture none expected to see iill the
pillars and posts in the town daubed with plen-
tiful title-pages, (like so many Histriomastixes
of William Prynn's) directing their spectators
to books of obloquy and reproach, not only on
the persons and opinions, out the authority of
judffes ; when neither of the three arc corri-
gible, or so much as censurable anyhther-
wise than in and by a parliament : much less
was it expected, that gentlemen of the long
robe would appear in print to ridicule their own
profession, and expose our law even to the
scorn of foreigners. 1 1 would not have 1>eeu so
very strange to have seen a doctor of the
Commons exercising his wit and raillery on
the common law proceedines, when he saw
his dearest Diana, 1 mean his excommnnica-
tlon process, in danger of becoming useleitt.
745] STATE TRIALS, 35 Charlbs H. l6M^Tiialo/ WUUamlard Ruuell, [744
and a fair oocanon given him for such an
essay from the disgust of the people against
Westminster-ha]!.
"^ But none imag^ed, that satires apd iuTec-
tlves upon past proeeedings should be writ by
lawymv, who expect, a farther benefit fit>m
their profession by the gnrace and favour of the
government ; which if they happen to acquire,
according to their expectations, I would only
rememb^ them, that mocking is catching in
the proverb. There was once upon a time, a
certain master of arts, who, whilst at Cam-
bridfips, did ridicule and expose the dergy of
the £nglisli Church, by writing the ^etended
causes of their contempt ; but the Templars
said, that he, whilst at London, did give an
occasion for a third part to the same tune,
or at least a new edition of the book, with addi-
tions by the author himself, even of his own
dull— ^ as proper for the like use. In petty
corporations they who have most complained
of other hardships have frequently out-done
their predecessors, when once they have got
their places. A whining, complainmg servant
doth oflen prave a peevish, imperious master ;
and I am sure in the inns of court, the most
noisy, troublesome and mutinous students and
hamsters make the stiffest and most magis-
terial benchei-s. I make no apphcation, but I
leave the reader to what he pleaseth. Better
thin^ are to be hoped of all concerned in
public government.
8inoe the press seems open, and lawyers
books are published without a licence, another
may assume the same liberty with eaual au-
thority, and with more reason, when his pro-
vince is only to correct the misrepresentations
of things, actions and persons, though made
by authors of age, experience, figure, and
learning, (I will not say candour or honesty)
especially since they are private men, and
having vented their own thoughts in print,
they remain no longer theirs, bnt are equally
exposed to the censure or applause of every
reader. Besides, it is generally presumed,
, that an author expects a public animadversion,
or otherwise he would never have become such.
' He presumes his ai^iiments irrefragable, and
then an answer does him no mischief ; and if
they are otherwise, he deserves it. And suwly
he stands as liable to be corrected by others, as
otliers were to be censured by him. And it is
more warrantable certainly to write and print
for the vindication of former proceedings, than
it can be either candid or genteel to arrai^
or expose them ; especially, since to do so, is,
and must needs be, mischievous to past, pre-
sent, and future governments, as experience
will unquestionably teach us ; but the other is,
and will be, of service to future administrations,
by maintaining the reputation and credit of ju-
diciary pi*occcKlings.
It in weW known, that the lord Russell being
80 unfortunate as to fall under the accusation
of treason, was the most pitied of any under
those circumstances, by all who knew either
his family or personal character ; great ex-
pectatioiia were then had of die iame of tiiat
trial, the event gave great oocanon ior'dis-
course afterwards, and almost ever dace ; ihe
printing of his last sneech, widi the aevend
answers to it, did mucn augment the talk. It
cannot but be remembered how varioiiB and dif-
ferent the sentiments of roost were upon tfaait
subject ; the debates oonoeming it goienlly
concluded in a nity to his person and relation8^
as a great misfortune upon both, and in truth
upon the nation, that a gentleman of sooli
qualifications should be guilty of so much in-
adveiteocy, (to say no worse) as to engage se
frequently in such consults as he unhapptly
did. Some blamed the jury, most censured
the witnesses, but very few arraigned either
counsel or court ; and in truth, the ftimeia
and indiflerency of that trial was such, that hb
own relations were pleased, and his enemies
angry, with those that then sat upon the
bench ; and thus it continued till the present
revolution.
Then the memory of that nnfortunate gen-
tleman was revived by the pubHcation of a
defence of his innooency. The name Boh-
scribed to the title-page is so great, that 1
should be afraid to proved, but mat I am re-
solved not to be known ; and therefore if any
thinff fiills from my pen indecent or disrespect-
ful, ne must excuse it, as a privilege churned
by authors, especially of hooks that have no
name to them.
To begin at the end ; for what purpose was
that pamphlet printed ?
It could not be for the good of the nation, as
a means for consumption of paper ; for, as I
have been told, that is a Frencn commodity.
It could not be for the bookselier's profit^
only, for a reason to be guessed at.
ft coAld not be for the sake of thjat lord's
memory, or any of his surviving relatives ; for
no man finW think it a service to them, to re-
new the thoughts of that unhappy accident in
so noble, antient, and worthy a family. In
truth, the whole treatise is notnii% but a Mint-
ing to the life the too deep concern of Uiat
branch of it in a weak as weil as criminal en-
terprize.; for what else doth signify the ex-
pression, p. 4, that being present at a consult
of traitors a second time, or <^lener, raises a
strong suspicion, that the party who does to,
likes it, consents to it, and approves it ! or dae
he would have forborn after his having been
once amongst them ! And many other such ex-
pressions there are with the like reflectiona, as
pag. 7. that Rumsey and Sheppard, the two
first - witnesses, &c. raise a strong suspicion
upon my lord, and make it probaue that be
was g^Uty. And in the same page the au-
thor seems to agree him ff uilty of misprision.
And p. 17, he republishes the evidence of
Rumsey, that there was a consent, and this the
author agrees to be high treason ; but he then
endeavours to invalidate the credibility of that
evidence, by shewing the wildness of his own
memory. Now how this could serve the re-
putation of the deceased, or cure the resents
745] STAT% TRIALS^ 35 Chables 1L l6S3.^for High Treawn. [746
'nMntof Ins relations upon that account, I con-
ftssmyaelfntterly unable toimagine. Nor can
any rnder suppose the title Terified by the
book, viz. <* A Defence of Innocence," when
there is not one word to be read of it but in
the irontisniece. Sorely there is no thanlcs due
to the aamor from that fiunily, no more than
was an extraordinary fee doe to that lawyer
who pleaded for a defendant to this effect:
* My client I most confess is a wag, but not so
great a wag as the counsel of the other side
wonld represent him ; d^ir proof is very strong,
bat not so strong as they would boast it to be ;
oar defence is bat dark and weak, hot not so
weak as they would argue it* So that the
book ooold not be writ for a service to that fa-
mihr, unless a concession of guilt can be called
a Vindication of Innocence.
It could not be for the sake of the govern-
ment : For it can never be deemed a politic
service to rake into old sores, when lenifying
and moderate methods are more advisable ;
and if every thing should be republished which
bath given disgust to the people, few would
escape the lash, the righteous themselves would
scarcely be saved ; for abundance of them
have tnpt either in their public or private con-
▼ersation, and some in both, and that noto-
riously too: I name nobody. Besides, the
goveramcntmustof necessity never allow the
4octrines divulged in this pamphlet, unless it is
intended that its being and continuance shall be
as precarious as a Beneplacito juckpeship, and
as dependent upon die people's humour, as
that is upon the king's : Nor can any govern-
ment countenance fuid enconraffe the arraigni-
ment of a considerable number of wealthy
worthy citizens, with the printed censure and
insinuation of their being a parcel of corrupt.
Ignorant, iniiidicious, dishonest, and partial fel-
lows; and mis is done to the foil, when said,
that die contrary would have sworn to a not
goiItT, or at leastwise they should, if the au-
thor had been there. But most of his readers
are of another opinion, notwithstanding the se-
oond letter, p. 7.
It could not be for the sake of popular ap-
ptaase ; for it is thought, that the treatise will
never deserve or procure it, especially if you take
it in pieces, and consider them apart, and with
sober reflections. So that no man can tell what
. it was writ fer.
When the title of the book, and the name of
the author was first published, mankind was
foU with a pregnant expectation of some rare,
abstrase, uncommon learning upon the point of
treasons, with which the world was before un-
acquainted. No man looked for a preachment
concerning the body and blood of our Sariour,
the woHd to come, and the guards of heaven,
as topics proper for an animMveraion upon that
trial, especially from such an author. But
there is nothing strange under the sun.
The preface is an encomium upon the author
himself, declaratory of his readiness for public
aervioes, and seems to be calculated for a
cooler, or a defence against the heats and ri-
sours of an harsh and oppressive ffovemmenty
n»r an help to such as may possiblV hereafter
fall into the like danger and trouble : And to
teach the people the fear and jealousy of a pos-
sibility of such occurrences affain, can never
be thought a public serrice. As to part of the
preface, it is so dark, that a riender understand-
ing can never readi the sense of it, I mean
thatlong^ paragraph, The Copies of, &c.
The first letter be^ns with a seeming shew
of a bold resoldtion in the author to perform
the duty of a friendly counsel, maugre all die
inconveniences diat might happen to himself
thereby. But it concludes with an extraordi-
nary caution and care to prevent all danger,
even tosuch a deg[ree as much diminishes the
credit of that invincible and heroic resolution
at first boosted of. And if his courage had
been so strong, why were not these letters pub-
lished formerly, and in times, when, in the
author^s judgment, there was more occasion
for their use, than the present can possibly af-
fbrd P But rather it may be again asdced, why
they are printed at all, the <£servations con-
tained in them baring been printed not above
500 times already, and perhaps with as much
advantage P Was it a secret to the worid, t hat a
variance between the indictment and the en^
dence might be alledged on the general issue f
Did no man in town know that treason and the
misprision of it are different crimes? Is the
£stinction between them such a new invention^
atid so very useful, as to be an equivalent for
the want of counsel in capital trials, as the
Preface and Letter do insinuate, if they do any
thing P Who ever doubted, but that proofs of
treason must not be by hearsay or argument
only P Was it ever a question, for this hundred
years, but that every indictment of treason
must contain an overt-act P Or that less than
two witnesses was allowable for proof of that
crime P Or did any man ever scruple but that
Keble's statute-book contains a true copy of
the 13 Car. 3. cap. 1. which requires witnesses
credible? Now if^ these questions must be an-
swered in the negative, how can the adrice of
these letters be assistant to a better defence
than was known long since P
The book itself he^s with stories of tran-
sul)stantiation of bodies, and a transmigration
of soub, as much to the purpose, as the par-
son's text was to his doctrine, who preached
upon the certainty of the day of juii^meiit
from that verse in Crenesis, * And Adam knew
Eve, and she conceived, &c.' But perhaps the
author intended all that first page for a flourish,
and to entice his reader into a patient perusal of
what follows, and prejudice nim against the
sheet he pretends to answer. He is very
frank in styling it a libellous pamphlet, and
the author some rank l»gottea papist; but
to what purpose no man can divine, unlesa
it vvere to expose him to the rage of the
mobile ; but his name was never posted, and
so4ie is safe from that danger.
I must confess, that it would be a mightylid-
dition to the liberty of the sulgect, tonavetbe
rif] STATJE TRIALS, 35 Cuarl£s 11. l685.*-2>i»/ of WilHm LnrdRu9$eU, {7M
lawfsiaUifbed aad dadared to be 'vdiai the
late judge dotb argue it is; fbiv then there
voqid be. a fraedem for maleooDtente to endea-
▼eur their ownsatisittctiep hy eewipvaoies and
consults, and that with impuaity. Bot as the
law was, and always hath oeen .taken to be, ap
English subject bath Terj little colour tot
his pretence to such a pn?il^ge as that doc-
trine giires.
The Indictment is, That at such a place and
time < he did compass and imagine not only
to depriire the king ofhis goyernmentand roval
state, but to kill and put/him lo' death, ana to
procure a miserable slaughter amongst the
King's sul^eots ; and to subvert the govern-
ment of England, and to raise a rebeUioa
against the king.' Thmi foUows, ' That to
fulfil and perfect these treasons and trailerous
imaginations, he, lo^^er with other traitors,
did tnen and therewith them traitaxtusly con-
sult, conspire, conclude and agree to raise a
rebellion, and to seiaa and destroy the guards,
of the king's p«von,' contra* &c. Now whe-
thei; theselaftt acts be not a natural and genmne
evidence of the fiumer, 1^ any rational man
jud^e. But I win particularly prove, that this
mdictment was sumdeat to wamnt the judg-
ment Dvhich the court gave, and pronounced
upon a verdict, that the accused was guilty of
that fact in the indictment, and then answer the
ol»ections started against it.
First, There is a sufficient treason alledged.
And secondly, Here is a sufficient oveit-act.
Both th^ I will agree are necessary ; and if
either were wanting, the indictment was naught.
Now it must be agreed to me, that the first is
cTear and plain ; for by the law, to compass or
imagine tLe death of the king:, queen, or their
eldet^tson, is high treason. It is true, by the same
law, some open act of which human justice
can take a conusance, is requisite to be proved ;
the very words of the statute do ezprmly re-
quire it ; and iu truth it is no more than what
must have been, had no such words been used :
for thoughts are secret, and can never be ar-
raigned, proved, or censured, any otherwise
than as they are discovered by some overt-act ;
so that the clause requiring an appearance of
the oompasslug and imagination by some overt-
act or open deed, is no more than would have
been impliedly requisite, had the clause been
omitted. It is the nmagination and oompassiag
which is the treason, £at alone is the * crimen
Iffisae m^jestatis,' which is prohibited and con-
demned; the overt-act is not the treason, that
is only a necessary circumstance, without
which no court can ever take conusance of the
4)iher, And it is necessary to 'dledgesome
such deed, * a necessitate rei,' without respect
to the words oi that statute. I insist the
longer unon this, because it is used as an ob-
jection, mat the dauseof ' provably attaint by,'
&c. is restrictive, whereas it ia not so ; for it is
only to make that first ^;i«»fied treason of
imagination and compassing to be a thing in-
telligible and triable : and farther to prove this,
it is considenibie, that this requiaito of the
overt-aotisofusa and necessity bardy, aafl
only in the case of that which is first matt*
tinned, via. Compassii^. For the other aorta
of treason are acts theoMelves whereof oMaee
may be had, as levying of war, violating tlie
queen's bed, and the like ; und in aa Midici*
ment you need oni^ aUedgetka Acts themselves
as that there was a war levied, there was a car-
nal knowledge had, and the like. And tlus
farther appears from the very form of indicfr-
mento used ever since that statute ; for there
never was an indictment ^and if there w«ra, it
could never be good) barel v averring an overt-
act without an express allegation w the cohi-
pa»af. '
Then the matter resalte aolely into this
question, whether the fact here kid be naturally
and necessarily declaratory of the party's ima-
gination to destroy the king ; for if so, the in-
dictment is undoubtedly good; and it can
never be called a constructive treason, era
thing devised by the judra interpretation of
the statute; for they adju^ee no moretreaaon^
than what the statute declares, and that is an
imagination of the king's death. Now what-
soever is significative of a man's intention or
imagination, is a suffident overt>deed to de-
monstrate, that that man had such intuition or
ima^ation ; and whatsoever is expressive or
significative of a man*s intending, oompasnng
or imagining of theking's death, is a siiffideat
overt-act to prove and make such a man a
traitor within this law. * Now that a consult
about, and an agreement and condndon ac-
tually to sdae tike king's guards, and raise a
rdtdiioa, are a naturd and genuine dedaratien
that the person wbo did so consult^ asree and
conclude, did compass find imagine toe death
of the king, is sumv phun enou^ : for a re-
bellion, if successful, can determine in nothing
else but the king's deatl), dther natural or
dvil, whidi is all one within this law. Now
he that designs and intends the necessary uMaaa
naturally conducing to a particular end, that
roan may certainly be said to intend and de^
sign that end, * Causa causae est causa caiwatL*
If the deed tend and condude to the execution
of the treason, that is a suffident overt-act,
says Coke, 3 Inst. 19. And in the same book»
fol. 6. he hath these words, * That he who de*
clarethby overt act to depose the king, is a
suffident overt-act to prove, that he oompassetli
and imagineth the death of the kin^ ;' sod so it
is to imprison the kinpf* to get him into his
power; and to manifest the same by soma
overt-act, this is also a suffident overt-act lor
the intent aforesaid.
Ia 3 Inst. p. 13, it is hdd, that a. preparation
by some overt-act to depose the king, «r to take
the kin^ by force and strong hand, or to im-
prison £m till he hath yidded toceiiMade^
mands, that is a sufficient overt-act to j^rove
the compassing and imagination of the lcing%
death ; (for that this, upon the matter, is to
make the king a sulaect) and to despoil him of
his r^d office ; and so he says it was resolved
by all the judges of £ngland, HiL t, Jac. 1, in
7m
STATE TRIALS, $5 Chablbs II. l683.-/ar High TVeason.
the cam of tb* lof4 €ol>ham, lord Grer, Wat-
•nnftB^ Cbrk, seiniiiarj priests; and so be
toUs us ID the same ^laoe that it had been re-
■oired by the kisdces in tfie ease of the earls £.
mtA R Now ir we consider the reason wb j these
were overt-acts of treason, it will appear to be
<mly because of their natoral tendency to the ac-
coiBplisbHient of that partieolar treason of com-
passing, whieb holds the same in the author's
ease ao wet! as in those there mentioned.
A conspiracy with a forein prince is agreed
by my lord Coke, ib. 14. to be treason, if it be
to iorade the realm ; and an overt-aet of such
practice to be a saf&^nt overt-aet of a com-
passing the king's death ; and the reason is, be-
cause such actioDS cannot be thought to be in-
tended for any other purpose ; and yet that
particular act may be accomplished ; and it
may so happen as that the kmg's death maj
not follow, and yet they are overt-aetn of that
treasonable imagination, because of their con-
ducireness and tendency thereto. The case of
Cardinal Pole was, writing a book of the pope's
fupremacy, in which were contained incite-
ments of Charles the emperor to an inranon of
this realm ; and that was held an overt-act of
imagining the king's death. In the lord Cob-
ham's and sir Walter Raleigh's case, a conspi-
racy, consult and agreement to promote] an m-
snnrection, and procure an invasion, was held
an overt-act, 1 Jac. 1. and their meeting, con-
sulting and agreeing, was laid as an overt-act,
though discovered before the thing took effect.
Dr. story's case, which is mentioned by the
lords Dyer and Cake, was no more than a prac-
tice or persuasion to promote an insurrection
and invasion : and the orert-act that was aU
ledged, was the writing of letters f(Mr that pur-
pose, which is no more infiuential towards it,
not so much as frequently meeting, eonsi^ting
and-conapirmg and at lastcondnding and »me-
ing to make an insurrection. The case or Mr.
Coleman was no other ; for whatsoever the in-
tKctment hud, the evidence was only of tetters to
tte like effect (as to this point) with those of
Dr. Story ; and the case of Dr. Story was be-
fore the Id Eliz. which made a new treason
during her life ; for the trial was in Hilary
term, and the parliament did not begin till Apnl
following. A machination or agreement to
fnise a rebellion naturaHy tends to the destruo-
^n both of ktnr and people, and an advice to it
had^been adjuds^pd so. As in the reign of
Hen. 4, one Bal&lial going fVom London, found
one Bernard at plough in the parish of Ofley
jn the eomntro^ Hertford ; Balshal told him,
that king Rieli. 2. vrasaKveio Scotland, (which
was false, fbr he was then dead) and advised
him to get men, and go to king Riohard ; in
Mich. Sy Hen. 4^ Rot. 4. you will find this ad-
ju<^^ treason. ThrogmortOn's case is as
plain, for his was only a conspiracy to levy
war within this reaim ; he did not join in thie
execution, and the oonsptracy alone wasdeckued
to be a sufficient overt act by the judges. It is
no answer to it to say, that a war was afterwards
levied, for qitoadhim it was a bare consult ; his
[750
oflfenoe vras no more than that. In sir Henry
Vane's case, meeting and consulting were ai«
lodged and held to to the ov^rt acts. The case
of Constable, mentioned in Calvin's case, was
only an act tending to deposing the queen, an
dispersing^ biUs in the ntt^ Siat £d. 6 wan
alive audm France, and held an overt ad da->
churative of his cumpaanng her death, and he
was executed for it. And in the report af Cnl-*
vin's case you have several other cases nen«
tioned, where endeavours to draw subyeotsfroai
their aJlegfiance have been n^Judged overt acts
of this speeies of treason, the compassing, &c.
The word Confess in the statute is of a
larger extent than only tn mean an actual as-
saiut on the the king's peiaoa, and an endea« '
vonr tecnt'hiatbroat ; itnaost certunly implies
tmj eonsttltor practice of another thin^ directly
which may prcaocethat effect, as the diwniwdiM;
people from their fidelity: soeh was Owen's
casein k. Ja. 1. bb tinse, in the 19tb year of
tiiatreign. This advioewas to Ibis efect: that
king James, being excamnrankBted by the
Po^, might be killed bjr any nMui^ and so to da
was no murder; for aeing convicted by the
Pope's sentence^ he might be slaughtered witfa^
out a fbuh, as an executioner bangs a ciiminsl
condemned by law : and for dus he was hanged
as a traitor. He that denies the title to the
crown, and endeavours to set it upon ano^isr's
head, may do this withotit a direct and imine*
diate desiring the death of him that wears it
(so said Saint John in his argument against the
earl of Strafford) ; and yet this is treason, as
was adjudged in the case of Burton, and in the
duke of NorfoBc's case, SS Eliz. This de^
nyin^ of ^e title, witb motives, tiiougb
but minliedly, of action against it, hath
been aqjndged an overt act of oottpasMig
the king's death, as it was in John Soar-
howke's easev Pasch. 3 Hen. 4. Rot. Vb. The
like was the case of John Awater^ who wan i»-
dieted for a treason of that nature in Kent, and
the indietraent removed into B. R. Trin. 18
Rdw. 4. see Rot. 17. and! he was tiMrenponsi*
terwardsoodawed as a traitor; aadaowasThe.
Heber at the same time ; and words significa-
tifve of an actual intention have been held so, as
aretheopinbns''of Yetver. 107. 197. Arthnr
Crohagan's-case, Cro. Car. S3^. and abundance
of othm might be named as they are reported
in our law-books, but I do not particnhurly
mention them ; fbr that their authority in
some of them is very slender, and may be iH
need, to the straining of casb unadvtBet vronfe
inta.asignifloa1vm era man's compassing, when
perhaps the man never thought as hespefco*
however all of them do evince, that advised
and deliberate preparations moving to a danger
to tbo king's person, have all along been ImM
overt acts of a compassing his death : and some
of them prove, that preparatives and motivestD
the levying of a wat have been held treason, as
was sir Wittam Asfaton of Suflfolk, 31 Hen. 6.
mentioned in Cro. Car. 1 19^ fbr making balhuis
reAscting upen the king, and writing kHem to
the men of Kent, exciting them to rise to
751] ^ATlLTRllilJi,56CHkSLLtBlL\6S3,'^T>iaiofmilkmL^ [762
the tben duke of York, &c. * ad guerram le-
Tandam,' and no mention of an^ war actually le-
vied. Germain and Taylor's indictment hath
▼ery little more in it mentioned, than the like
preparations and incitement^ to a rebellion ; and
yet the treason there laid was a compassing of
the king's death, anno 3 £d. 4. The case of
Thomas Burdett, in 17 £d. 4, as at large it ap-
pears in the s^me report of Cro. Car. amounts
to no more than the mdictment in question, viz.
that he compassed the king's death ; and to ac-
accomplish that intention, he did disperse di-
Terse writings, &c. ad intentionfm that the peo*^
pie should nse and levy war, Sec, the judg-
ment in that case, drawing, hanging and quar-
tering. The like in Collingboume's case, 2
Rich. 3, in the same Rep. 192j where he is in-
dicted in like manner, for exciting and moving
the people to an insurrection and war, and lie
incurred the like judgment ; which cases are
infinitely short ot this in question : and it can-
not but he wondered that an y man, who has read
them, should question, whether a consulting and
conspiring about risings and an actual agree-
ment and determination to rise, be an overt act
-of compassing thie king's death. In the very
trial of the lord Stafford it is affirmed by sir
William Jones, (who was certainly of great au-
thority with the author) that the meeting and
consulting together is an overt act, though the
thhig agreed on be never put in execution ; and
it is mere resolved by the judges, that the same
treason may be proved by two witnesses to se-
veral overt acts, though one speak of words or
actions that were spfwen or done at one time
and place, and anotner sneak of words and ac-
tions at another time ana place, which argues,
that words, much more a consult and agree-
ment, may make an overt act. Even in the
case of Stephen Colledge, in which though the
trial hadbeen censured, yettheindictmentnever
was, and in that indictment the treason is laid
as in this case, that he traitorously imagined and
compassed the king to depose, kill and destroy ;
dieovertactsare, thathe armed himself, and
advised others to arm, and spoke several words,
^c. Here was no war levied, only a prepara-
tion, and yet that was allowed an overt act :
and as for the words, if they are allowed to be
one, with much more reason may meeting, and
consulting, concluding, and agreeing to uo.
As to the objection, surely there is no weight
in the first, which is page 10, that criticizes
upon the word *• fait' act, ami that it is only a
meeting to agree, and an asfreement to do, but
it was not done. Suppose mey had concluded
and a^peed to poison or stab, Stc. according to
the opmiott in that page, this was no treason ;
lor it is only agreeing and concluding upon a
thing to be done, but it is not done. He doth
in page 13, argue, that this can never be an
overt act of compassing the kind's death, be-
cause levy ing war is a distinct spcues of treason,
and a conspiring to levy war is not a levying
war ; and even levying war itself cannot be as-
signed as an overt act of compassing, unless
ihe indictment were particularly for that; but
surely another sort of act that savours of ano-
ther species of treason, if it naturally conduce
to, the accomplishing of the first sjpeoies, viz.
that of compassing, it may be assigned as an
overt act of it ; and sir Henry Vane's case is
Suite otherwise ; for there a levying war was
le overt act alled^ed of the compassing, and
allowed by all the judges ; and all the indict-
ments in the west upon Monmouth's rebellioD
were so, and yet drawn by very good advice ;
besides, what answer can be given to the cases
which I have cited, where consults, conspi-
racies, practices, advices, letters, persuasions,
and other motives and preparatives to an insur-
rection, have been held overt acts of an imagm-
ation of the king's death, though no war was
levied, though no insurrection was made ?
It is apparent firora what was said before,
that to take Uie kin^ prisoner, or to seize bis
person, is a compassing of his death ; and if sq,
tben to sit in council to conspire the eifectin^
of that, is an overt act of compassing the king's
death; and this case amounts to that : Here
was a consultation to seize upon the kiiM^'s
guards, which could tend to nothing but me
seizing of his person; and then the conse>-
()uence is plain. The author says, page 14, if
it had but oeen alledged in the indictment, that
in pursuance of the consult and agreement,
there had been a view of the guards, and a re-
port made, that the thing w£is feasible, this
would have been more to the purpose. How
much more, no man can tell ; tor every objec-
tion in the book would have been as good against
tliat as this. Tlie great objection he seems to
rely on, is. That uie law takes no notice, of
them : For once I will snppose that it doth not»
and then let us observe if any argument can bo
drawn from thence: Perhaps the thing was
not used or known when the 25 Ed. 3 was
made. Can nothing be treason, if the |^ot laid
to accomplish it be concerning a thing not in
esse at thestime of the statute ? Certainly ii
may. If several malcontents should consult,
and agree, and premure (in order to an insur-
rection) to seize the Tower, Portsmouth, Hull,
and Pl^nnouth fort, would not this he an overt
act of treason P And yet our law takes no no-
tice of any garrisons thei'e or any where else ;
they have no relation to the militia, nor were
there any arms in those places in £d. 5 his
time, that we read of in our law-books: If this
be otherwise, why did not the author find finuH
with Rouse's indictment, which was tried much
at the same time with this in question? Sup*
pose all the gentlemen pensioners, grooms of
the stole, gentlemen of the bed-chamber, and
the like, killed in the night, and the doors in
Whitehall broken up, and all the swords, mus-
kets and pistols were taken away, and yet it
happened that the kmg's person was len un-
touched ; would this be an act of burglary %nd
murder only ? We have no law-hooks that taike
notice of arms at Whitehall, or such names as
those servants go by ; and suppose, at the
same time, upon the consnlt, that the conspira-
tors did move, discourse, debate, and conclude
iss] CTATE TRIALS, 36 Chaklm It* iG^.^/n- High freoi^m. [75i
of an insurrection, wonid it not then be trea-
son ? If not, nothing can be so, unless the
ling's person be murdered or seized ; and tlie
statute should not have said compass or ima-
gine, but seize or kill, &c. . It su^ces'then,
Uiat the guards are in common understanding^
known to be used and employed for the attend-
ance upon, and preserration of his person. If
conmion sense and reason be judge, no' man
can think but that he who intended to move an
ins&rrection, and seize the guards ; had a fur-
ther design upon the king^s, person : and then
this is treason ; if othcr\n8e, the king of Eng-
land is in a worse condition than the worst and
meanest of his subjects ; for a king must not,
oannot, in or by our law, assault, strike, seize,
attack, or imprison in person, and consequently
'Cannot defend himself; and shall not his ser-
vants, guards and attendants, (which are all of
the same nature) wear fk sword, or carry a
masket, before him ? If they do so, is it not
ifaen known that they do it ? If it be commonly
known to be so, doth not he that seizes and de-
stroys those attendants, endanger the king's
ferson ? And if that be so, the inference is easy,
t can never be, it will never be allovred for
law, that a seizing all the king's guards is only
a breach of the peace, unless we renounce the
law, and will judge more by inclinations and
part vships than by reason and precedents. As
to the distinctions between an actual seizing
tbeni, and a consult and asn^ement to seize
them, what I have urged before overtlu*ows it,
and what the author says doth not maintain it;^
^or both have a tendency to the execution of
the treason intended.
I will not take the pains ts remark upon all
the inconsistencies of the concessions and de-
nials in the book; they are obvious to the
readers. As to his quan*el at the king's guards
as an illegal thing, and terrible to the people,
somewhat of the French growth, I hope the
king will always preserve them for his own per -
'sonal preservation, notwithstanding the author's
Opinion. As to his temporary laws, which de-
dare words treason, most part of them were
afiirmatiTe of the old law, and were made only
in compliment to a new-crowned head, when
they prohibited nothing but what was before
so; and for the rest, no conclusion could be
made from them for the maintainance of his
Assertion, if -he had repeated them; which
sinc^ he does not, nor will I.
As to the cases cited by the author of the An-
tidote, Twhich I have mentioned) he agrees to
Constable's case, but does not distinguish it in
its reason from that in dispute. He denies the
^luthortty and law of Dr. Story's case, which
nobody ever denied before him. He says, that
in the lord Cobham's case there were people
assembled, but gives not any answer to what
the Antidote affirmed, viz. That the overt act
taken notice of in the little boqk, called, the
Plea^ of the Crown, was only the conspiring to
make an insurrection. He doth confess, that
in the lord Grey's case there was only a con-
spiracy : He says, that in sir fleory Vane's and
VOL, IX, .
Plunket's case, there were several other ingre«
dients to mount them to treason ; hut what
they were, nobody most learti, at least not
from th^ author, for he names none of thein.
He consumes half a page in an encomiuni
upon the judiciousness of that court, which
made a conscientious legal scruple, whether
the murder of a mistress by her servant were
petit treason, by reason of the difference of hei'
gender.^ But at last he tells us, that the judges
of the Common Pleas did upon much detibera-<
tion satisfy those of the Ling's- bench, that
master and mistress were in effect but one.
In the conclusion of the first letter, he Say^,
that conspiring t^ainst the king's person, is
most justly taken to be to conspire again$t the
king's life ; but in the book he will not allow a
conspiring and agreeing to seize (i. e. beat and
destroy) the guards, which are ordinarily and
commonly known to attend the kin^^'s person,
to be a conspiring against hU person ; which
whether it be oruot^ the next trial of this na-
ture will determine. Now, after all, what can
be a greater reflection upon the learning, judg<*>
ment and integrity ofthe king's counsel, judges
and recorder, thaii to .declare and publish in
print, that the first prosecuted, the second tried,
and the last condemned, a gentleman as a trai«
tor, when the charge had nothing in it of that
nature : If true, the hare printing it is unbe-
coming the .But as for their reputations,
let them justify themselves. The reason of my
undertaking to explode such'a reflection, w^
my own and every man's duty to the present
government, (the kiug and queen's majesties
being both concerned, and eminently too, in'
the consequence of such doctrines) and a love
to my countrymen, that they may not presume
upon the authority of sucn a defence ; for if
they do, they may find their mistake, when
noosed through tue power of truth, tlie con->
trary opinion.
As to the proof, I will not rake into* it, since
the author hath represented too much of it^
strength, and * De mortuis nil nisi bonum ;' it
can never be thought a grateful province to de-
bate or convince of guilt ; but yet I may say so
much, that there was evidence enough to jus-
iify All concerned in the prosecution and trial,
though for several reasons the attainder is fit to
be reversed ; but hardly for those which this
author mentions.
Since the writing of this sheet, there c^me
to my hands a treatise, -calling itself. The Lord
Russell's Case, whit;^ savours more of policy
than law, and his topics are the rights of the
people and power of parliaments ; they argue
the author to be a greater statesman than law-
yer, and therefore much too great for me to
encounter ; and a debate concerning the heads
he insists on is neither safe nor allowable with-
out doors. I shall make but three remarks oo
what he says: First, he may assure himself,
that that power from which he argues his hw,
is DOW apparently^ lodged in the sommonalty,
not in the nobUity. Secondly, the king's soli-
citor (whom he reflects on) twittered more rea-
3C
fs5] STATfi TRIALS, 35 Chaklbs 11. iS^S^THalof mUim Lord tbuuU, [756
<»
80a and law than yet badi been or eve( v3l be
answered : And tnirdly, the mdicttbent con-
tained DO new constructiye treason, but only
that which wasplainly and directly declared in
and by the 35 Efdw. 3, if the letters of it make
words, and the words sense, and one man may
be allowed able to read them as well as ano-
ther.
Since the writing of the last parampb, there
came to my bands another |iampmet, 'i^itten
by anewobsenrator; bat I suppose the Judges
that iiiall be, will correct that sort of licenti-
ousness which' be sssames in his remarks;
which if tbey do not, tfae;^ will have fine easy
places on it, as wdl as their predecessors, and
mudi good may it do them !
JStas parentnm pejor aria tnlit
Nos ne^uiores, mox datnros
Progeniem litiosiorem.
HOTSt*
A Second Vindication opn^HE Magistracy and Government
; 'oFl£NGtAND| by way of Answer to the several Replies, &c.
IT is fery Qbserrable, that since tf^e bte
MTOlttUon, nothing hath rooi^e disturbed our
peace 'than the Jiberty of the press; and
amongst all our new prints, the most malignant
and mischievous libels on the present gorern-
ment have been written by those lawyers who
pretend themselves the greatest zealots for its
^onour and service ; whicti may be suspected
as false, unless it be withal considerea, that
come modern royalists have nothing recoro-
ihendatory of themselves, but the miscarriages
of others ; and others of them have such great
ones of their own, that an extenuation or ex-
cuse is impossible \ and therefore to cloud their
dwa deformities, they would blacken , other
men's reputations; and, in qrder to it, tbey
hav& censured innocence, and arraigned laws ;
and where a slip or fault hath been, though so
smaU ^ scarcely to deserve the name of one,
tiiey have magnified it into an execrable vil-
lainy ; And for a colour of such their calumny
and slander, tbey have vented new gospel and
law both ; nay tbey have broached such notions
to the world, as are directly fatal to that crown
of which tbey boast themselves the makers
ilpd supporters; and yet, in doing so, they
pretend to merit-
It is strange but true; for the fact is plain,
■Did the consequence too : Upon the present
change, the republicatis pf both gowns did
oeem it their nolicy and interest to bespa^r
and reproach other men's actions, and, like base
and me^n spirits, gave ill names aqd words to
every thing in ^hich themselves had not been
concerned, and made reviling so customary,
that it is become the modish sin of the age.
It is most certain, the old English honour,
frankness, ingetiuity and good- nature is quite
abandoned from some companies and places in
the town, and instead or folly, we nave as-
sumed vice in our common conversation ; in-
stead of drollery and banter, the new-fashioned
>vit at 's , allows nothing as acceptable but
lying and slander; nay, Uie very spark of a
courtier bath changed fiis note ; whereas ful-
some, gross and false flattery was wont to be
his talent, he is now got to the other extreme,
I. e. revengeful, weak and false characters,
both of persons and actions : Which is the worst
is difficult to determine, but falshood is the most
jiredominaat humoiv in both, and that age is
surely unhappy, which is plagued with a surfeil
of either, especially when tbie excess is 'so great
as now, that no gentleman can be thought a
good companion, no clergyman a true Pro-
testant, no lawyer an honest Englishman, do
courtier d faithfcd servant, unless he can and
do rail, and snarl, and scold, and that at things
that were justly used in former times, and
must necessarily be used in these times, and
win be so in ail times whatsoever, even in
Secula Secfihrum : These little stingfing ani-
mals do value themselves upon their honesty,
because they find faults, but it is in cases where
no eye can spy tliem, but their own ; they
value themselves upon their wit, because their
censures are sharp and biting ; but that is so
easy, so very easy a province, that naturs
teaches even the rudest of her breed to be
satirical, and die natural oftentimes outdoes the
pretended scholar in ribaldry, and hath per-
naps a better faculty that way, than fancy fox
picquancy of reflection.
Now as the fact is thus criminal and ridiea-
lous both, so roust the consequence prore fatal
to the government, which they would be
thought (but intend not) to support ; for when.
once resolved to arraign all paist proceeding,
they are forced, for the maintenance of such
their reflections, to vent those opinions, doc-
trines, and rulai in divinity and law, whidi
have in every age (save one) been justly ex-
ploded, as destructive to the honour and bein^
of tlie then possessors of the crown ; and caa
conduce to no other end than the utter subver •
sion of this, and every other government, that
doth but smell of a monarchy.
It cannot be denied, but in most reigns there
have been some occasions g^ven f<;>r disgust to
the peopicf, that kings have borne too har4
upon their subjects, that the subjects have
worthily complained of some warps from
the law; but no man ever with sense nre-
tended, that this is a reason to induce a belief;
that every act of state, and every judgment of
law in former times, was arbitrary "and un-
waiTantable : No surely, the publishers of such
reflections are of another thought themselves^
and some folks imagine, they who formerly
were en^ged in seditious practices against th«
crown, would now, upon the present occasion,
explode that law, if hich doth condemn suck
7S7]
STAtE TRIALS, 35 ChabusIL l6SS.^for BigkTre4mm. . ^ [7&$
practices, that they may with impniiity re-
|ieat them, whensoerer the king* or bis mmisters
shall chaDce to disoblige them, and thatlhis is
th^ trae reason of hm t|ie^ew libels and iq-
tectives upon past proceedings.
It is now apparent to all mankind, that every
line, or at least pag^e, of some men's wor^,
are designed only as a courtship to the mob, by
bridling the sovereignty, and clippinff £he pre-^
rogative, even to such a degree, as doth alMK>-
lutely deprive it of those ri^rhts, powers, and
authorities, which the ancient law, continued
usage, and our present represeniatives, consent
to allow it
To check this growing itch bf pamphleting
the nation into another change, and to vindi-
csate the rights of the crown, and justify the
magistracy of England, irom the oblbquy
"which was industriously thrown on it in one
particular, there was, three months since, a
sheet printed and published, at which som^
men took offence ; but others were of opinion,
that its publication was seasonable ana well-
timed; tnat its reflections on the trifling de*
fence, which it assumed to answer, were just
and smooth, and very soft, considering the oc-
casion given for a more satirical sty le, from the
fondness and incoherence of the defender''s ex-
pressions and inferences ; and that the mode
of managing his argument was modest and
tender, with a decent and due regard to the
memory of the unfortunate deceased, which
bad simered more than enough of injury by
that pretended justification.
A cholerick and sedulous inquiry hath been
made af)er the author's name ; but the inqui-
sitor is still at a loss, notwithstanding his con-
fidence of a certain knowledge who it was,
ihat came behind and scruck him, <&c. But to
g've liim some satisfaction, aiter all his fatigue
searching, I will ascertain who it was not ^
lie may assure himself, that nOoe concerned m
that trial were concerned or privy to its vindi-
cation ; and when it was composed and writ,
the parfv intended it chiefly for his own and
the world's diversion, from the img^rateful ne-
cesnty of readina^ always on one side, by the
interposal of a &w lines on the other ; that
our namours might not be quite soured, and
our genius torn too peevish, througii the in-
^neoce of satire and libel, vrith which the
world bath too much abounded of kite years ;
nor had there been one word more puolished
upon that stibJMC» but that the authonty of the
defender doth challenge a vindieation, and the
word of a priest says, that it needs one ; both
iball have a^ answer presently.
But, first, It is remarkable, that thib new
r^Iy hath got a ficence, when node of his
otner elaborate works could procure OQe ; bow-
ever, it is possible, that the licenvMr may here-
after renounce or retract bis allowanee in this
case, as be hatfa done in several 01661*8 already^
when his snperiors are acquainted with th^ conr
tents and leodeodes of that to which he hath
fprea his hiprinuUuri for it ia not t6 be sup-
posed, that miaiatm of itafa Wilt efer be ao
incurious of their master's bonoar, and the
rights of his crown, as to approTs their dimi*
nation, irhen once they perceive it.
The single point which the advocate fin: ma-
gistracy assumed to maintain, was, that the in-
dictment in Question was legal and good, suf^
ficient both tor matter and form, ano^dld war-
rant the judgment which was pronounced upoA
the vodict that affirmed its truth ; this seems
tiie principal assertion in tli^t pa^, which,
whether his precedents and authorities, argu-
ments and reasons, are sufficidit to prove, the
reiser must judee"; that the cases he cites,
ar^ trtdy reportecf for so much aS be uses ^eva,
note can deny ; and that the taw is iidth tbem
upon the whole matter, ^hall be fartber evinced.
But since Aat shtet hath made sonfe' noi^e
amongst aogry men, ^whichVas Kttle expect-
ed by him that wrote it) it will not, I hope, be
thought impertinent to spend a i^w paragraphs
upon the boisterous &nd blustering invectives
and remarks made against its author, in a pre*
tended ^ply. In hni vindication, therefore, I
shall observe the tetnper, the wit, the guess,
the reason, the religion, and lastly, the law, of
that replication.
As to the temper, H seems to be writ uudet
some disappointment ; for the author doth in
every sentence declare his^passion, and plainly
ifclls us, that be was then discomposed ; but
whether his displeasure were- conceived at a
past or present chief, is not so easy to deter-
mine: to expose his fury, it is enough to repeat
his q>ithets of daring, bold, impudent, pre-
sumptuous, base, ingenerous, insolent, 6€C, and
all liiis despised by bis routed authorj and
smiled at by the real one. He is pleased t^
call the sentence and execution a plain murder ^
which if so, sure I am, that he is bound in
conscience to prosecute an indictment against
the judges, the recorder, the grand an^petk
jury, tne witnesses, the clerks, the solicitors,
the ffaol^, the sfaerifl^, and the executioner ;
for ihey were all concerned either as accessO;
ries, or prmcipals, and dieinerit a baiter, if the
repliant's opinion be law :' but it is observed
amongst honest men, that none of these parties
shew any fear on't ; and the reason they five
fi>r it is, because the jmlictment was as good as
their jurisdiction, and the concurrence of those
tM^o makes them as safe as an act of indemnity
can do ; but all this was passion.
As to the wit on*t, most of ht^ renders are at
a loss where to find it, unless it be in his Eng-
lish verses, which do so hit the sense of the
oriflpnal, and contain such strong and pr^ant
flights of English poetry, that some of his
readers have compared tbem even with 8tem'-
hold and Hopkins ; and others are of opinton,
that they do not come short of the essays of
the two Uray*s-Inn poets, one of which trans-
lated ' Grotius, He Veritaie Christianee KeW-
gionis,' and the other Coke upon (jttleton,
mto rhyme ; but the generality di» declare, that
for height of fkocv, propriety of English and
esQictness of rhyme, be hatn much out-done
all those; but m my part, I bdiiev^, that last
759] STATE TRIALS, 35 Charles 1!. l683.— Trwi/ of WiUi^ Lord RuMsell, [7S0
rhapsody was added, not so much for the in-
ffeny sake, as to ipenace the answerer with a
design to sacrifice him whensoever an occasion
should offer itself, and consequently to do what
the whol^ book complains of; hut that advo-
cate is not ab much a coward as to be afraid
©n't.
As for the guess, it is very cunning, and
argues more figure-knowledge than true judg-
inent in styles, modes, dialects, or peculian-
lies of speech or writing ; for he will have the
author of that sheet to be the author of the
Antidote, though be never saw it till lie had
the misfoi tune to have read the Defence; and
his particular idioms are as different from those
of the ^Antidote, as they are from those of the
Defence ; but this is all guess. He will have
it one of the counsel of that trial, because he
hath put counsel t>efore court : a cunning man
would have guessed the contrary, as supposing
k doaefaUendi graiiuy for the sake of disguise ;
but be^ may be assured it was mere accident,
that occasioned that fault He will have it to
be the then Solicitor, because of his reputation,
which is sunposed to be touched in tnat De-
fence I but his readers think, that that gentle-
Xnaa's figure for learning, honour, and virtue,
18 90 far above the reach of a little pamphlet,
that all the virulent reproaches of tne Kep^
•annot sully it, nor is it in the power of nis
tongue or pen to prejudice his character in the
world ; but however, it is prudent to suppose to
myself an eminent adversary, that if a foil be
my fortune, it may be the easier.
fiat since we are at guessing; the world
guesses, that he who wrote the Reply, did
write the haU-sheet called the Justification;
fmd it is reallv sportive to rea4 the justifier
commending the defender for a lekmed worthy
person ; and the repliant doing the same good
uffice for the justifier, and almost in the same
words commended him: nay, he spends a
whole page in the fulsome praises upon that
^ small buB( author,' and rejoices that the work
was done this hands, which is a very pretty
jest. However, it is at most but R. for A. and
A. for R. and R. A. still, which is much better
than the contrary practice, of which some au-
th9Ta have been guilty.
M to the reasoning part, the reader must
excuse my brevity ; tor in truth there is very
Jiiltle in it of th^t nature; however, a few re-
marks may quicken and revive that faculty
Jigainst the next turn. The advocate owns it
|o be writ in answer to his Defence, ergo it re-
jects upon the nation's wisdom.' He expresses
a resentment at my lord Russell's engaging in
jiuch a weak and crimin;ed enterprize, ergo he
reflects upon the nation's justice. He names
.the lord-Russell, (thvugh with the most ten-
der appellations that could be used) ergo he
reflect? on that lord's memory. He vindicates
the indictment as good, ergo be justifies all the
proceeding's in that case. He argues, that the
sentence was legal upon such a verdict, ergo is
jigainst the reversal. * He puts a case, offers
a point, and loaket a proof on't, ergo he is
1
trancfcendently impudent. These and snch-
like, are the inferences, and do demerit a laugh.
As to religion, I see none in it, unless it be
in the mention oT the devilish powder plot,
which is still as much to the purpose or his
Reply, as the story of transmigration of souls
was to that of his Defence ; only meekness is
transparent in his style, humility in the title-
page, and true chiistian charity in his menaces
of an exception out of the act of indemnity,
which he repeats three or lour times at least,
as if his whole interest were designed to pro-
mote it. The gentleman's danger is from pub-
lic and scandalous actinei^ in tlie eye or the
world ; which were (says ne) bbboring to sup-
port the government, every man knows what
sort ; lashing the innocent with a bitter and
sharp tongue, and inveigling of juries with
rhetorical flourishes. Now to examine a little
these three monstroik transgressions, let as go
backwai'ds.' As to the last, a duty can never
be a crime ; every servant owes truth to his
master, while such ; every advocate is to do his
utmost, and a failure in it nad deserved both the
worst of names and punishment, which the re-
pliant could invent, or his interest procure.
For all mankind must agree, that tne now
servants of the present crown are obliged to do
the like upon the like occasion ; if otherwise
the Jacobite's side will be tlie safest. I will not
reflect on the weakness of the juries that were
thus inveigled, if any such there were ; but
rather suppose, that the oaths of witnesses, not
the pleading of counsel, did govern th^r con-
sciences. As to the second, that is fiilse, and
needs no other answer. As to the first, that
gentleman's honour and merit afterwards is as
remarkable as his fault at first, if it were any ;
but however he is likely to have abundance of
company, in desert at least, if not b censure;
for a duke of York's creature is certainly as
culpable as a king James's servant. And An-
drew Marvel's characters in his Growth of Po-
pery, will be as true a directory to decypher
criminals, as the four volumes of noted tnak.
And'perhaps, if the ordinance of Afay 10, 1650,
should chance to be revived, danger and fear
may seize other men, as well as thase that
served pastj^remments ; it is therefore thought
advisable for all to sit down quiet, and forgi^
and foi^et what is past, but serve God and their
majesties for the future, and not belabour the
excepting one another ; for if any should he
such fools, the khaves will get the better of it,
and the righteous scarcely be saved. So much
for religion.
Now for the law, if we can find it : But be-
cause the defender seems somewhat displeased
at the repetition of that unhappy lord's name,
whose case gives oi^casion for the present ques-
tion ; let us therefore put it like mooters ; John
a Styles was indicted, for that he, at such a
time and place, did compass to deprive his na-
tural lord and king "^ that then was, of his re-
gal state, and to destroy his life, and to subvert
the government, and raise a rebellion ; and to
Hdnl that imagination, be, together with other*
76i]
STATE TRIALS, 35 Charles II. l683-— /or High Tnawn.. [762
ilid then and there consult and agree to raise a
rt:bellion agamst the said king, and to seize and
destroy the guards of the said king's person,
contrary to, Sec. The question was not, whe^
titer J. S. was not guilty, nor if the witnesses
swore false, whether hb attainder were fit to
be reversed; bat the dispute was, whether
that indictment was legal ; \ihether supposing
J. S. to be found guilty, the court that pro-
nounced the sentence of ftreason against uim
ought to have arrested such judgment on the
motion of J. S; that the indictment was insuffi-
cient. The sheet argues, that the indictment
was good, and consequently the sentence pur-
suant thereto was warrantable by the laws > of
this land. The argument seems founded both
upon the reason ot things, and the authority of
precedents.
First. The reason alledged was, that the last
part, which in lawyers terms is called an overt
act, was a natural and genuine sense or deda-
tation, or overt signifii»tion of the first part,
which is an internal secret thought, t. e. the
imagination and compassing, which is the trea-
son prohibited and condemned. That the lat-^
ter directly and consequentially tending and
conducing, in the common seivse and reason of
all mankmd, (excepting the defender, and two
or three more) to the accomplishment of the
former, makes a good and sufficient charge
within the statut&Edw. 3. A repetition is tedi-
ous, and an abrid^ent is scarcely possible,
the whole sheet bemff but a breviate : I shall
therefore refer you mereto.
Secondly, the authorities there urged, are
either the opinions of judges and other lawyers,
or precedents of indictments of the like, or the
same nature, from which the legality of this
may be justly concluded : The substance of
themOn the whole matter is, that overt acts to
depose the king, or despoil him of his regal
office, or take him by force or strong hand, or
to imprison his person tiU he yields to the dc-
, mands of those who practise such endeavours,
are sufficient overt acts to prove the compassing
and imagination of his death : That levying
war, causing an insurrection, promoting an in-
vasion, nay, that consults, conspiracies, prac-
tices, advices, letters, persuasions, and other
motions and preparations to an insurrection or
invasion, though none succeed, have been held
overt acts of imagining the king's death. I
will not repeat the cases, but as occasion offers
from the other side.
The objections there mentioned and answer-
ed from the penning of tlie statute are too
trivial to deserve a remembrance, nor would
they have ever been thought otherwise, but
that J. 8. was a noble person, and the defen<
der a great man, and the prefacer thought so
too, either by himself or others. These and
such-like ingredients, have made some sem-
blance of difficulty : And in truth, had there
been a real doubt in the case, the author of the
i^markJB on that trial, who wanted neither sense
nor will to censure it, had his opinion so in-
dined, I say be would certainly hare fidlen foul
on it in those invidious, obser^tions of his upon
the late tunes. He quarrels with the legally of
the jurors, the defender with that of the incuct-
mdnty and both with the evidence. The author
of the sheet differs from them in the two first,
bat agrees with them in the last, that testimony
delivered for fe^ of life, or hopes of pardon, or
other reward, is hardly creditable ; but that is
not the point ; Let us see if the repUcatioii
doth overthrow the charge as insufficient ; and
for my part Ictnnot find a line of argument in
it, but only it is naught, because it is naught.
The consulting and concluding to make an in-
sufreccion and rebellion, and seize the king's
guards, is not a declaration of the party's com-
passing the king^'s depusal or death ; and why ?
Because conspiring to levy war is not a levying
war, and levymg war is a dbtinct treason ; that
is the substance of the tenth page, if I can
I'ead: The sheet said truly, that levying war
itself might be alledged as an overt act of com-
passing, and hath been so fireqnently, and meet-
mg and agreeing to rebel and seize the guards,
hm a direct temlency to promote a demise of
the king either natural or civfl, and therefore
might as well be alledged an overt act as most
things whatsoever.
I nad almost forgot one clause, and that is
the unnecessariness of making 13 Car. 2. If
it should be as the advocate aivues ; I suppose
he means the first paragraph, tor the second is
agreed to be introductiveofanewlaw, &c. but
the first is only a paraphrase upon the t5 £dw. 3.
It is thus, *• Tnat if any person or persons
' whatsoever shall, within tne realm or without
compass,imagine,invent,devise, or intend death
or destruction, or any bodily barm* tending to
death or destruction, maim or wounding, im-
prisonment or restraint of the person. of our
sovereign lord the king, or to deprive or de>
pose him from the style, honour or kingly
name of the imperial crown of this realm,
or of any other nis majesty's dominions or
countries, or to levy war against his majesty,
within this realm or without, or to move or
stir any foreigner or stranger with force to in-
vade diis realm, or any other bis niajerty's
dominions and countries being under his obeis- <
anoe; and such com passings, imaginations,
inventions, devices or ^ intentions, or any of
them, shall express, utter or declare by any
printing, writing, preaching, or malicious a<{-
vised speaking, being legally conricted there-
of by the cams of two lawful and credible
witnesses upon trial, or otherwise convicted
or attainted by due course of law ; then every
such, &c. shall, &c.' Now what is this but a
confirmation of the old statute in words at
length; which was agreed to be so in the
House of Commons, 1 Jac. 9. When a motion
was made to renew that law, the lawyers an-
swer was, that the 25 £dw. ^. did tne same
thing ; and a man may boldly say it, that here
is notbinjg declared treason, but what had been
adjudged so before, and attainders and execu-
tions had pursuant to it : The sheet mentions
cases enongh, and to the pwpose, though
7S3] STATE TBULS, S5 Charles Ih l6B3.^Ttua of ittUiamLn^RusHU, [764
«ome think othermjfle; but I will not repeat
Intbe ^venth page the reader ia referred
to the Justificattoii in the half-aheet ; and there-
fi>re let us examine that a little : A third part of
it is spent upon the evidence, but that is not
within niy province, which is odly to vindi-
cate the Yinoicatioo. As to the rea^ ,the force
of it, if any, seems only' to be founded on his
first assertion, the conspiring to do a thing ia
not the doing a thin^; and he quotes two
great men's names for it : For I would agree
that though he had spared the authority to jus-
tify it ; but this is sumciently answered in the
aheet: be offers an argument from the late sta-
tutes declaring treason8,because they were tem-
porary ; but [answer as the $heet doth, they
were in a£Brniance of the old law, and I can
shew him three or four temporary, and an blin-
dred other acts of parliament that are so, and
tfierefore that is no argument at all : but I am,
as the party I justify was, confined to a sheet,
and therefore cannot hi large.
He lays down a rule for construction of sta-
ges, that a thing particularized in one part
IS not to be construed within the general words
of another part ; but that mle hath near fom--
ficore exceptions in ]the books ; besides it comes
aot to this case ; for here is compassing the
king's death noLade treason, and dedared by
overt-act, then levying war is made treason :
Now, says the repliant, nothing can be an
overt-aet of, and conduce to promote and ac-
compEsh the first, that doth any ways concern
the latter : I say it is a non sequitur ; for there
are several im:tances m^itioned in the sheet,
which respect the levying war, and yet are a
genuine evidence of the intention and comj(>ass •
mg ; and if so, the judges who have ruled such
indictments to be good, did neither assume an
arbitrary power, nor transgress any rule of law,
%» tba faiau sheet insinuateai
Then the lord Cobham's Case is endeavoured
to be answered, bv a wonder, that sir Edward
Coke, late lord-cnief-justice, and then sheriff,
should difier firom Mr. Attornqr Cook ; for we
know his thoughts in sir Vraher IUleigh*s
tim^, and his speeches in Car. 1, his time ;
Ihey are as diment each firem other as the
times were, and in this particular that gentle-
man halh had more followers than precedents ;
but the query is. What is law ?
Then sir Henry Vane's Case is endeavoured
la be aniwered by this,- that Syderfin mentions
not the overt iict m the indictment, but be doth
say, the treason aUedged was a compassing the
king's death ; and eveiy man knows what sir
Henry Vane did to. accomplish that : He nei-
ther signed the warrant to execute that murder,
nor was he actually concerned in it The jus-
tifier say a, he does not remember it minted any
irhere bot in Syderfin's r^rt : For the re-
freahment of his; memory, 1 will t^ him of
anodier book wj^ere it is, and that is KeUe's
first Tolome of Reports, SO^y and tfiere the
indietmeot is said to be for compassing the
king'sdeitii^ aaleadeafoaiiiig vs^ aocoiDpli|h
^e treason, by -ctian^g and usurping the
government, and levying war ; which case
doth directly Overthrow lul the defender's, jiis^
tifier's, and repliant's arguments from the
distinctness or dmerence of tbe'sort of treason.
Then for Dr. Story's Case, he says, it is
hard to justify it for law ; .whereas there are
above forty places in our printed law-books,
where it is cited and agreed to be law : Now,
it is pretty odd, that a case so resolved, and so
ratified, should 118 years after be arraigned in
print ; for it was Hu. 13 Eliz. If any thing
be law, that is so, and not distinguishable from
this case in question, but that the evidence was
different, which the justifier Voukl make a
reason to invalidate this indictment *, the logic
of it passeth all understanding : Besides, it is
observable, that the benches were filled both
with learning and integrity in 1571 and 1662;
neither of those times were Tory or Popish ;
and in Dyer, 298,' the reason given was, that
it could bot tend but to the great peril of the
king's person, and therefore an attempt to
promote such invasion, tliougli none follow-
ed, was adjudged as aforesaid. In 3 Anderson,
' pi. 2, fol. 5, Grant's Case, it was held. That
' when any person intendeth or contriveth to
levy wa(r, for a thing which the queen by her
' law or justice ought or may do in government
as queen, it is not material whether they intend
\ any hurt to her person ; bujE if they intend to
levy war against tne office and authority of the
queen, th^ is enough ; and that resolution
overthrows the justiner's notion, that J. 1^ his
design was only to defend the laws, though
the 13 Eliz. also was. then in force ; it is a
good arcrument to answer that pretence.
Now I have repeated and observed all &e
' rephcation or justificatiou oShx& in answer to
■ my friend's sheet, the if ader noay perhaps ex*
pect some new matter, not so much for confir-
madon, as to g^ve occasion for a farther de-
fence. In sir Fr. Moor's Rep. fol. 691, pi.
849, on the trials of the earls of Kasex and
Southampton, befoK the then high steward,,
the justices did there resolve, that when the
?aeen sent id the earl of Essex the keep^ of
er great seal, and others, v^ith a coqunand to
him to disperse the' persons armed which he
had in his house, and to come to Aer, and he did
refuse to do so, and continued the armour and
armed persons in his house, that this was
treason ; and they did also resolve, that when
he went with a troop of captains and others,
from his house to the cit^ of London, and
there prayed aid of the citizens to assist hin^
in defence of his life, and to go with him 4o
court, that he might set into ue queen's pre^
sence, and that be might be suffioiendy power*
ful to remove from her his enemies, who were
then attendant, that this was high treason, be-»
cause it tended to a force on the queetf , &c. I
make no inference ; let the reader do that, it is
plain, that an actual mental intention of hurk
IS not material in the one case or other. Am
the duke of Norfolk's Case is r^ted by Cam-
den in his History of O. Elizabeth, iai, tlK(
765]
STATE TRIALS, 35 CHARtis H. l68S—/ir Bigh TVmioii.
treason whidi the dake confessed, was a plot
to seize upon the Tower of London, and d^ver
tbe^ueen of Scots, and that is all.
Tnere is nothing remains in doubt, but the
legality or illegality of the king's keeping
guards for the preservation of his person ; they
say tlie law takes care of him, and therefore
he is to take none of himself; and that the
judges are his guards, and th^fbre he needs
no other ; that Henry 7, was tne first thatliad
any other. But let us reason a little : Can it
be supposed, that he should be so sacred in his
person, so great in hb power, and of sucb
authority as to make war or peace' abrcdd, and
raise forces and suppress Uiem at home, as the
danger or defence of his realm should require,
and not be able to pronde for his own personal
safety de proienti 9 Can he only punish by
bis judges ai^rwards, or prohibit by prpcla-
clamation before, but not defend himself for
(he present ? Is it sense to suppose it ? The
kings of England might have, and actually
the win of the hosts, bift nerer for mat
a' guard for their own person at th
charge ; complaints hare been made of
ing army, bnt never of a select coni]
his nersonal preservation^ a terror
people may as well be pretended ft
coachman, footmen, or moms, if the
bers be grflaft : besides, tor a competeti
in arm^ ne always may have oocasiou
his subjects know nothing on it ; it is ]
vlnce to foresee aAd prevent, as well
press and punish, domestic tumults ; ;
Dusiness oV war is separately his offi
that exclusive of his subjects, any ot
than as they are bound to obey and fi
desired to assist with aids and subsidii
for this, to avoid a numerous volume <
tions, I'll name one notable rule or
parliament, 6 Ric. S, Mem. 9, the man
way of the prosecution ol the war bein
in charge to the Commoos to adrisi
they answered, that this * nee doit ne
bad, soldiers or guards (call them what you appertain * al eux, mes al Roy ;'^and
will) even in times of peace, and long bmre
Hen. 7, as well as continually sinde ; I may
be so bold as to defy any man to shew me the
year, the month, the week, or the day, since the
conquest by WUl. 1, that England was without
armed men, actually upon duty in some part
&r other of the nation. This sheet is not in-
tended for a studied argument on this subject;
and perhaps it would be difficult to justify a
ctanding armv as warrantable, when there is
DO occasion ror it ; but to say he cannot by
force, even by force provide for his own per-
sonal safety, when he apprehends it in danger,
as every English king hath continual reason to
do, especially if some men's doctrine prevail,
it may be modestly affirmed unreasonable:
Hath not every subject power to keep arms, as .^
well as servants in bis house, for defence of his reasons of state will not admit Ifaeir p
person ? Is not his mansion called his castle ? tion to tfie world. But nowe^er, some
And yet the law protects him too by prohibi- ing force the crown ever had, and ev
^ns ^P^f^^ onte, and punishments ex parte have, though not always to such a de]
pott : There are many tenements in England,
did. Si Edw. S, F^rte prim. n. 11, and
S, n. 5. It is true, in 5 Ed. S, n. 4. ord
were made, that the king without thi
of his barons could not make war; bn
that were repealed and dampned, 15 1
Pari. Jlot M. 13, because pre|iidlcial
royal power of a king; -and thb issoflE
affirmed by the act concerning the mil
Car. 2, his time. It is well known ii
time Bryan chief justice said, that if
subjects of England should war with ti
jacts of another kingdom, ' that this is i
unless the kmf denounces it : it suffi
my friend's pomt, that the king may h
hire «med'««; «r g««l.,*wh^
judges his person or people to be in dan
stand in need of them : and that be ma}
which oblige to the anuual payment of certain
sums towartls soldiers wages, for defence of
the king and kingdoip ; there are others oblig-
ed to the annual finding certain quantities of
grain in kind, for the supplying the king's
castles and garrisons, as well as houshold;
which being annual, do demonstrate the law-
fulness of their continuance, even in times of
peace ; and their being immemorial, do con-
clude a common law right in the kings of
England to have those occasiofis, as they do
conclude him a right to have them supplied
1^ such-like services: Nay, grand sergean-
ts is either by services of attendance on
the king's person in time of peace, or for
military aids in time of war. llie crown may
raise forces by commission, or the militia, to
suppress insurrections, in case the civil power
df the sberiflT is n^t sufficient or ineffectual.
Tbe kin^ of England have the sole power and
Artie of me nation : complaints have beqm in
yiriiamentagainst billeCiDg solders contrary to
9
shall be burthensome or oppressive ; a
old law-books say, that arms as well a
are necessary for the prince, not only
against the times of necessity, I xftean
tumult : besides, in Bracton, lib. 2, ca|
Corona, it is said that ' Crimen Isesse
* tatis' is the greatest crime, because
gr«atne« of 4e penon against vhoc
committed ; his description of it is,
* sumptio contra personam ipsius Regis
When he particularizes the several si
treason, the first which he names is, ' ;
' ausu temerario machinatns sit in' (i.
wards^ * mortem domini Regis, vel
* egent vel agi pfocuraverit ad seditions
' mini Regis vel exerdtus sui, licet id, <;
* voluntate habuerit, non perdozerit ad
* turn.' I will make no inference,,tliere
no paraphrase, the words are plain ;
tenoing to the destruction of the king's I
high treason agamst his person : * Ag
seditionem ezercitns Regis est pnesi
* contra personam Regis, et prsBgom^o
767] STATE TRIALS, 35 Chablbs IT. less^^Trial of mUiam Lord Russell, [76$
sliookl be allowed, tbey will attempt another
change,' from which good Lord deliver us>
ProV. xxviii. 2.
f persoDsm Regis eat crimen Uosfee MueatatiB :'
now can Bractonlie thought to speak only of
treasons in time of war ? Glanvil, lib. 14,
cap. 1, ' Crimen liesn Maiestatis didtiir de
« seditionedomini R^s, Tel regni, velexer-
« dtus ;* and Flela, Lb. 1, cap. 20*. * ^e se-
* ductioneexerdtus siii : et capJ 21,' the same*
words, « SeductioDem ejus, vel ex^rcttus suL;'
^is was the sense of the old law, and is very
appositely ajp^licable to the case in question, as
I could easily diew, would my paper bear it.
There is one thing which I bad quite for^,
and that is, that me instrument of grievances
which the prudence of the present parliament
ha^ provided, complains of a standing army ;
^e answer is easy, it is not of personal guards :
and the wise inquiry of the House of Com-
mons, into the quantum requisite to maintain
auch and such forces during the present occa-
sion, aivi of the expences of the crown in
houshold, courts, guards; ^c. afterwards do
plainly shew, that that was not the intended
grievance. Now, to sum on what is not an-
swered at all, or endeavoured to be so by the
defender, nothing is 'said to the reason of the
things or the necessity and nature of an overt
act, to the opinion of Coke in the'places cited,
to the case of sir Walter Raleigh, the case of
the Cardinal, the case of Mr. Coleman, the
case of Constable, the case of Owen, the case
of Burton, the cases of Sparhawke, Awaterand
Hebei% the indictment against sir William
jlshton, Germain and Taylor, and Thomas
Burdett, Collingbourne and Colledge, nor to
the opinion of the judges in the lord Stafford's
case, as if it ^re'ro all impertinent ; but the
reader is Judge if it l>c so. -
Now f» r the prefacer, Pll be as short uoon
him as he was upon my friend ; he said tnat
the sheet needed a vindication, and I hare
given it one ; and if this needs another, I
hope the crown will fifid a friend to write some
third. He seems so used to the word libel,
that he cannot forbear calling it an infamous
one ; he says, it has not one true material
word in it : I'll remember him of one, that
mocking is catchinsr is the proverb, that is * 4
« Qrumbletonian in thestirrup generally proves
* a tyrant in the saddle ;' that is enough
for him to remember : if he wants any more
truth, and that he, may not say, this hath none
in it, treasons are easier committed than dis-
tinguished, by some men especially ; and the
reason why I say this is, because of bis octavo
prefiiGe, where he is grumbling still, for 1
always thought that he had smarted too much
for libelling on ministers of state, and male-
administrations, to venture again ; but when
a priest meddles with law, he is like an apo-
thecary at politics, he ffeneraliy rans himself
into a poose ; for he wiu never Wve off until
fa^ is advanced one way or another. To con-
clude, the design of the sheet was to justify
the prerogative of the king and queen, and
the rights of their crown ; and the republican
is angry that either should have any, and from
tbanga flamw tba paasipo i nay, ,rmer than it
During the composure of the premises,
news was brought me, that another pen bad
been procured to attack the Vindication, viz.
The author that runs a-muck at all mankind,
except his own patrons : a deserved and . full
remark upon so voluminous a book, is not
here to be expected ; however, this Appendix
may serve for an advertisement to the world,
that the new repliant is in several parliculara
obliged to soKcitor Coke, and the other regi-> .
cides defence on their trials for much of bis
materials. .Tim^ is wanting to shew the pa-
rallel ; at present it is 6t to be obsened, that
his blind side is also apparent, consequently ca-
pable of a sufficient answer ; and to give my
reader a specimen thereof^ I will take notice
of a few (amongst many) mistakes, both in
fact and law, whicli he hath uitfully committed.
In the first page he says, tliat to justify what
hath been taken ill, accuses the present goyern-
ment of injustice ; which is false. In pag^. 2^
he says, that the Vindication ventures on a
point of law, which it pretends is the result of
the evidence given ; thei-e is no such preteoce
in the whole paper, the onl^ debate was upon
the indictment. He says, in the same paper,
that it is said his relations were pleased with
the justness of the trial ; it anly says, his rela-
tions were pleased, and his enemies were angry
\i ith those who then sat upon the bench, and
that is true ; for some of his relationa cann:;t
deny it,^ (he fact is so well known. The last
line of page 3, and first of the next are also
fixise ; for it was neither written, i/crused, nor
approved by any of his pretended criminals:
I believe they thought the point too clear to
need a vindication ; but this is just like his
wonted positiveness in his remarks ; where,
for instance, he says, that one of the judgments
he cavils at, was the first that was ever given
without argument or reasons delivered in
court, which is also false ; for in ^owden^s
comment, 459, in sirT. Worth's case, the au-
thor takes express notice, that the reasons of
the judgment were not disclosed when the
same was pronounced ; and fifty other cases I
could name him of the same, but one instance
is enough to falsify a getieral indefinite position,
thou^i there are several more even in that
very book.
But to run over his volume, pag. 2, is only
a farther scurrilous reflection to vindicate his .
own remarks, and an impertinent bombast of
words on the phrase of English proceedings :
the third page assigns four reasons of printing,
the two last are applicable to himself only, and -
bethinks so of the fourth, or else his story is
foolish tike — .In the fourth pa^e he bolster*
himself in his niillery, by resorting to his re-
fuge of the parliament's authority that reversed
the judgment, which all men agree to be just,
but it was not because the recoi-dcr did not ar*.
rest the judgment on that trivial exce^ion to
the indictmeiity but because the prosecution wa»
7i^} ^kTETBUV^iSCBAMtvn.l6^,^Higk1Vm$mi [779^
■iip|ioirfMaBciiWM,«iidti>eefitoiiee«ippw<d
ftbe «r Mkient, or both.
The fifth, ttxtfa, eighth, miidi and tenth
^pegM ore all impertinent to tfaepcptm qoes-
tioQ, eadooDtain nothing hat a findication of
lib justly oondemned damoar in hii fonner
book ; concerning which, I will boldly say it,
in serenteea points of twenty he is out in his
law; ifitwerecon?enieBttopiiUiahthe|HOof
ooiC, I could make it plain. His design is to
ahew in thoae paM his wit and lancy, more
than candour or nw : for my part I am of his
friend's mind, that he comes not short of ^e
<dd obeervator 'for managing a dialogue : but
all this is not to the purpose, he is not come at
it yet, the twelfth page sarours of the same
kidney, and the thirteenth and fourteenth are
no better : there he Tents his gaO, and that in
xibaklry ; no soiler a name than tools can be
afforded to men of worth and honour : if him-
aelf be one, as some suppose him, I am sure it
' is not to the present goremment : for be
plainly condemns it, ^nd declares the people,
i. e. bis sort of tbein, unsatisfied with it, for its
tparingnesB in vengeance ; and it is because
others are not punished fiw maintaining the
law, and themselres not preferred fi>r arraign-
ing it : some men know my meaning, lie
says, he is only for mumbling of judges and
council, causa paiet.
But I must tell him two things, 1. The in-
dinations of Englishmen, and the laews of the
, hndy will nerer quadrate with a common-
wealtb.
2. His supposed criminals do n^t depend
on their number, but the law, which ouebt and
will justify tfaem ; if it doth not please, let it be
changed by paHiament; or if the author
tfiinks that a tedious way, let us bum all our
law-books at once, and then perhaps his Re-
marks and Reply wiH be thought to oe reason,
and himself the jrreatest and only lawyer in
thejrealm ; but till then be must give others
leave to know, and to say, that they know he
is mistaken : for resolutions, and opinions, pur-
^ auant and agreeable to the opinions and rules of
former ages, I mean frequent and repeated
precedents, approved by the lawyers of tne age
that used them ; I say, these will be the law
to the end of the world, unless altered b/new
statutes.
And now we are come to debate the Ques-
tion, all that is past is upon the times, and not
the boint. In p. 18, is his reasoning part,
whicn is no more than was said befiHre in, &c.
To redargue him I mast repeat ; if therefore he
"- wpl obe^e what is said by the sheet, p. S3, 1
will say no more on it, but submit to the jndg-
inent of the reader ; hie says, the inferences
are ridiculous ; f say, they are ratioinl and
genuine : the single issue is, if his or my firiend's
arguments are the mo&t logical and natural,
let Ae reader judge.
Now for authority, kt us see if he urges
any on his nde, or answers that on the other. -
He admires '(p. 84.) at the assurance of the
sheet-author, and others admire at his^ He
vol.. IX.
says^ tike pariiemeot had often adiudgad it;
but none can shew any judgment in the House
of Lordsy or vote of the Commons Houae to
that purpose. 1 have shewn the sense id the
present parliament in the point of guacds, and
ma temporary laws are already answered ; nor
would any man biit he, and one mere, pretend
that they are judgments in the case. Surely
it will not be pretended, that his case of tibe
earl of Northumberland, in Hen. 4th's time, is
any thing to the purpose : nor is it any Vfpx*
ment to say, no king of England was ever kill-
ed for want of guvds. Now for cases, p. 26,
he saith, that In the earl of Essex's case, there
was an actual war levied, and that, as I said be-
fore, destroys the argument from the different
sorts of treason. As to Cardinal Pool's caaoi
he only says, there was another statute in force
then, but no record or history says, that he waa
indicted on any other than tne 95 EdW. 3.
As to Dr. Story's case, he tells a long tale out
of Cambden about the foot, but answers not one
word to the indictment; whatsoever the evi«
dence was, the indictment was as ifste sheet al«
ledges, and that is enough.
His answer to Colemcn's case is tfiat, that
things happenmg afterwards proved inore, but
the evidence was no more than what my friend
alledges. As tb sir Henry Vane's case, his
answer is his own hear-say of what was provedi
but the indictment he never perused, argued
like a lawyer ! as to Constable's case, ana the
rest, he gives no answer, but only that rape*
titioo of a numberof cases makes a mutter and
a ncnse, and so it does when they govern and
role the matter in question, and are not an-
swered. Owen's case, he says, the author
presses it strangely, and that is all. He sa3rB,
the cases of Burton, duke of Norfolk, Awater,
Heber, and Cirohagan, are not to the purpose,
let the reader judge if they are not pertinent.
As to the opinion of the judges in the lord
Stafibrd's case, he does not mention it, but
says, the reviving that case might have been
spared, and that is all ; a pretty answer 1 As to
Colledge's case, he talks of a proof of a self-
defimce, but noUiing to the p<rint it was urged
for. As to the cases of lord Cobfaam^ ^i^^
and Rawleigh, in 33, 33, 34, 35 PSg. setting
aside his scandalous invectives and ^flections
upon those times, ministers, and governmental
he no ways attempts to answer tne argument
drawn from them, viz. That the chaige was the
same as in the case in dispute.
Now I apperi to any man of sense and rea«
son, that wHi read and think closely, if the Re-
pliant hath ofiered any one aivament more
than the lord Russell's Case, Defence and Juf«
tification had alledged. If he bath shewn any
one judgment where such indictment was re-
solved naught ; if he hath given answer to Dr,
Story's, Collingbom's, sir Wiltiam Ashton's,
Burdett's, and sir Henry Vane's indictment}
in short, if be hath answered any two of the
oases cited ; or if he ha^th done any thing but
reflect on past and late times, and if the mdict-
ment remain not good, both for matter and form,
:j D ; . '
mm
771] STATB1<<tIALS» U CHAmiES fl. i€M^Trial of WHUmn £#ri RssseU, [fjr
AdHriUiitiiiitf^ iJl tii^ pretended Hfeptiei
Upon the Whole, I desire toe rettfler lo peruse
dke book cited ; and to judge if there l>e not
precedents enough unanswenible to justify the
lAdJctmebt in Question, and thai the recorder
ssave a good juogment upon the verdict l^at af-
%med Its truth ; quod/uit probandum.
To condttde; £nce tile Kipliant » in Wftfr-
with Horace, I would advise him to
one hint ofhis^
«— rForuBi, potealqcie liboms
Malidabo nccis^ Hot.
The Third aki> Last Part of the Magistracf and Govern-
ment OF England vindicated, vith Reasons for a general
Act of Indemnity ) &c.
. IT bath been theobserved misfortune of most
nixed govecmnents, pai^cuhirlv of oar own,
oerer long to eajoj the intire friendship of all
. it's indiyidual sulgectB; the lowermost side
iMrth. too frequently acquired, the greatest share
<xf the people's love, or at least pity : It is then
10 point of wonder, that the servants of former
Clowns should have incun^ their proportion of
envy, hatred and reproach ; and amonest all
those none more obnoxious to it, thap the mi*
oiaters, qflihcers, and instrun^ents of justice;
§9t sudi ^ the vitiated sentiments of persons
interested in all suits, that the Vanquished is
oeftiunly iuiured, or th<^«gfat or said to be so,
Shicli is all one, bjr the persons themselves,
Mr friends, or relatives, their patrons or crea-
turet. In truth there's scarce a trial on the
]dea or crown side, but one partj, and some-
limes both, do leave the court with a swinging
cwurse or two on judge, counsel, jury, witnesses,
and perhaps all qoncerned; upon which ac-
eoiluty it can never be deemed a justifiable,
\ jfuuctk less a commendable and meritorious em-
pleynient, for lawyers to note and report, and
afterwards publish t^ the world, the clamors of
■ock malecontents, vrith the addition of sarcasm
inalead of argument, and blnshless lies instead
of law and precedents, and' all this under the
pretence of serving their mi^esties and the go-
vernment ; but it IS a mere pretence ; for first,
it is not tibeir province ; these publications are
made by them, not as legislators or Judges, but
as private persons ; and one of tneir Libels
«eems calculated eqlv for private luci«, as
either the hopes of a pwce, or increase of prac-
iioe, by tdling the tio^n, in the first and. last
pages, where tne author lives, of what profes-
sion, and how long sMu^ng; an art learned
from some of those exquisite Doctors inhabiting
towards the fields* whose knowledge and coo-
tersation is preten<(ed tw be in heaven : another
writes forbnead, and scribbles that he ma^ eat,
dec A third, or rather the first and prm&e is
inspired with venom and . revenge, evien the
pure spirit on it j as one balk'd, be is aa^ry at
•all ; and because some were not his true fi-iends,
he is resolved lo make enemies of those who
^despise him, and of them the nuaber is great.
But secondly.
It is of no use to the present govamment,
for truth only can be a sure basis of re^^ect to
that ; and ih case of slender, the filth rebounds,
tnd the dirt thrown moat sure turns « on^ and
dawbs their own ftces, eapedaDy when they
arraign those ss ignorant, whose learnings
knowledge, and judgment are so clear and ac-
knowledged, as to render the censors unworthy
even of feitig their bag -bearers ; the l&e when
they censure those as corrupt, who have always
bolaly done their duty, even in their defiance
of a court cabal, or a popular taction; who
have always adhered to an old English law,
and their just opinions in it, thon^ frowns
from Whitehall, or clamours from Wappmgy
though lampoons from Grub-street, or a worse
usage Q*offl an Ob8ervator,though a Supersedeas
or a Take him, &c. were the only reward they,
could expect for such their (formerly called pu-
ritanical, now arbitrary) justice : gentlenaen
who never poll the kiw (whk)h the great and
good sir ]]lf at. Hale did truly oall rouiing the
poor of justice) for the acquiring a fiu-m ^ an
office, or a lumping sum for sale of it; who
never begged an executorship for to gain a
fortune ; gentlemen who never gave straineq
opinions concerning the revenue, when made
for their clients the iariners, but clamoured ai
the same, when used by their Idng with more
moderation ; gentleiiie& who parted wi£h tbeii:
places, thoiufh of honour imd profit, rather than
comply witn a court-opinion or a dub-notion,
when others (I name nobody) ofiered entire
and everiastiDg service, if they could have pre-
ceded or succeeded them, (Teste, . . . apud St;
James's, and the city of Gbuces^) but missing
their aim then, as now they do. their gall must
have a vent, and so it hath wnh
when a true and bold justice is made the sub-
ject on it : the reason is plain^ those men^s
repute is too great for truth, probity^ and use-
fulness : aQ eclipse Li necessary, if posable ;
for if otherwise, the Defender will never be
Keeper, the Reinarker Solicitor^ nor tfie 6 vay'a-
Inn poet wear scarlet in Wales ; Uieir hopes
are but small, unless they can poirtpone all their
betters by death, commitmepts, or that which
is but little worse, reproach and slander ; but
some think their stii^ grows weak, for it is spr
parent that there are a sort of men, who thoi^
they might and did love his m^esty when aa
prince, yet do not, will not, cannot love him, or
any man else, as king; and this is now pr^ty
phun. .But thirdly,
T}ie libels are criminal, and injurious to com-
mon justice, for they create a disrespect and
contempt upon all justiciary prooeedugs : to
779] STATE TBUXA, U CfuntB 11. l$^$^fit l%J| 7Mm|.
■vr^^ «B pa«tis WcKCxtea mBpiGMm •faU
MTOitirt and future admioiiBtnitiong ; wbereaa
l^l^wdfii iaith,- fol. 38. < It is a good aad sure
wi^ to Ibeite? etbe Ifist judgment ;' and if lio, it
japiaui what name th# oqntraiy practice de-
9ervfa ; besides, were it otherwise^ the insti-
lut^ofjadgM and eourta are vain, and our
alale, aa £ngliehinen, iJ^ oiiost unfiirtunate ;
fiv we have no rule but * ex oyejudidnia,* or
fraapartieular statutes, and of them they are
tbe leKfesitoiy. Now let us inquire which is
law, ti^e I>eifcpder'8 fancy in bis argument inter
fil. aiad B* or the judgment in the exchei)uer-
dMmbsr, affiiln^by the lords. Ifthejudi*
cial vesototioQ be so, thai the publication of
lus argumeel was iiyudioious, and I am not to
ftllew him as my guide ; but perhaps he'll tell
ne, that manifest reasons and good lawyers
ought togorem me ; if so, then I tak him,
9iHbosha]fi follow jn the £. of D.'s case of a
* capias pro sine puis judgment, &c.' whether
jtbo eleven best lawyers, or the vote of the
iloiiae? If the latter, whv not so in the former
0ase? andif otherwise, tnen his jjudffment was
4mtakei| ; so that ' ^uacqnque via &ta,' these
aavoisftllibility in this world, and con8ei|uentIy
jm eimise for private censures of pubUc pro-
4i(rdili^ in coorts of jufttioe: besides, the
^ocdware preltv dear, that such things are pu-
ji&shible; but I leave the reader to peruse them
^ kiswpe. Thep let us consider the confusion
that mast ensue upon the pubhc countenancing
^wh a practice as these scriUers have intro-
dnosd; for if allowed on a disbanded judge
it is so on a sitliag one, for the case is the same
in respect of private lawyers, who pretend to
Ijbink their judgments erroneous or corrupt ;
Wtsurely both ar^ uabwiuL Besides all this
•n the present case.
They have palpably wiealed the hiw in divers
instances: I n^ name no more than the
iadicCiaettt in question, which that it was legal
and goad, most men do now agree, especiuly
since the dint of the opposal seems current only
on the evidence, with a waiver of the other,
aiMi more since that guards are proved lawful,
aad the Obserralsr concedes it the most legal
iiart sf the procedure ;' and the Justice of Par-
UaaaeiS^ wc supposed written by the De-
leoder, strains all its forces on the evidence and
the times : and their folloi^er, the Poet, in his
New Noncoofoniiist, pi^. 10, runs the same
way too: Ool;^,
There remains on^ ol)|ection to the first ¥in-
dicatpon, which is, tliat it affirms, wopds may
be treason within the S5th ot Edw. 9, snd the
Remarker challenges a proof of it, and asks
where it mav be found ; and the Noncooibrmist
qmurrels at the bwver that did. assert it, and
oome others have done the same ore temu.
I caofess, that the first sheet did publish the
ameition, but waived its eviction, far foar of a
ataainaduae of such opinion to ill purposes, for
, the serving a tnm upop particular occasions ;
aor had there been any mare said on it, but
thit their^onfidenoe and mialice seems so ax-
aiiitaiil «i to extort a chack) for thv Segutotor
19 gn>^ so confident of his own knawk
to undervalue the greatest of juda
whereas his common- plaoe-boek afibrd
titles but those of collusion andmahcepi
and his practice hath been much of U)
stamp, only that sometimes he hath
little of the lunatic, •as appears by his B
Prophecies, Dreaais, PcHitics, and othc
giouary Works.
, To ^rove the assertion, J depend no<
authority of the sense of the Commons
1 Jac. 2, (though let the cryer for jui
who else pleases contradict it) it was
then affirmed and agreed unto, and u]
the then king's council and courtiers
the motion and prosecution of a bill i
words, &c. ' But that is a siqtemi
argument, there is more than enough
I am not to maintain, that all rank, m
and gross words against the king- or
Eerson are such, nor that whosoe? er d
ealth te our sovereign lord the peopl
the late king James, is a traitor: I
words significative and expressive of a
intention to do an act to the king's desi
such words deliberately, maliciously,
risedly njoken, on purpose to accomj
demise of the king, as ny promise ot
with importunity to commit the foct,
an ovot-iait to prove the imaginatioi]
35 Edw. 3.
To evince this, let us think a little-
will be plain.
' The words of this statute are dea
an easy construction, if we will allow tl
old times to speak sense. They are
effect: that if it shall compass or ima
death, &c. and * de ceo prdvablemeu
taint per overt fait :' now the objectic
that words are not deeds within that ck
thtB the answer is very clear $ for b
grammatical and other rules for interj
of the sense of words, the latter part o
tence is to be construed (if i|sed by wa
position Vas opposite to the thing menti<
intended in the f9regoing part, and no
posed to every thing which it may j e
mini' exclude in other cases; and'tt
apjUetl difference, both amongst divines
sitiqn jof sentences in scripture, and g
rians in almost all cases Whatsoever,
apply this :
Overt-foit is used not in opposition t
for there's no sucK thin^ mentioned ; ,
added in contradistinction to that wh
before specified, viz. thoughts, and i
imagination and con^iaming; and I
overt-fait must mean any open, manifi
as cfui truly discover those thoughts,
proveably attaint the traitor of such hi
nation ; and it is a most natural am
mode of speech, if they did intend, as i
doubtedly they dkl, that the thoiMj|fat si
the thing prohibited, then 'tis asplain ai
tended by the word * fait' any discover]
thoMght by words ar actions : and so n
ton m 10 H, 6. 'Qiat to miagma tl
mi STATE TRIALS, S5CiiAttS8lL l€9S.^tlrkl^WUBmZMriKMi$ia, iTfS
M'theldiij^ntmioiiftlMNigliliedoiio act to-
wards it, if sodi mngJbiilioD be dbdosed, that
it can be tried i^ he did to think and imaffine.
If ihatthoogbta and worda are mentioiied ooth
in a flentenoe, and aftervraida deedi in oppo-
aitioii, then the hat will ezchide both the for-
mer; bot here, when naed only in oontndiB-
thidion with thoughta, it aeeins plainly other-
itiae. Thai dped* when used in opposition to
thoaght, dodi inchide both words and acts,
Bone can deny ; a thousand instances mi^ht be
given of it ; and in the ezaetest propne^ of
speech, words are deeds when as oontrailis-
tingnished from thonghts ; for the soul diinks,
even as abstractedly considered from the body,
hut man ne^erspeaks without action and mo-
lion : &e diflerence is plain, and needs no ex-
plication. Bat farther :
I ivoold fain know, what is a consult or plot,
hot the mntoal and recinrocal declaration of
two or more tnitors minii each to the other ?
Each dechttes his traitoroos imagination by
words, and ao of an agreement to commit the
actaal murder, *tis but a declaration of their
■Binds by words each to the other, only they do
hap^ to agree. Now suppose one man thmks
and intends to destroy the kii^, and by words
doth wfllhigly, delibarateif , and advisedly de-
clare this to another that is not of his mind,
'tfaoogh hv mistake is thought to be such, is
iWttliia the same thing? Ifamantraiteroiisfy
nifers and promises to another a thousand
ponnds to perpetrate the villainous act ; if he
accept it, and a parole agreement is made be-
tween thtem accoidinglT, surely the apoloeists
Ibr treason will ajrree that to be an overt thing,
and both guihy, if it can be proved by two wit-
nesses of credit Suppose then the party of-
Ibred and promised doth abhor and refuse, wfll
that make a distinction ? If it does, 'tis v^ith-
ont a difierenoe : perhaps the word * consult* will
be called a new cant; we know whose coin it
{s, and who gave it the first stamp ; twas no
less a man than sir William Jones, who «t the
time of such hb inrention was no prerogative
lawTer, though considerably so in times then
lately past : nor is it imamnable what is the
words been cvidehce of a oonpasBiM^, ^ss. w
ttcy wcfe only abndenas and i«fleelive,ithBd
been otherwise; and- the Instances thereni
mentioned are full to this, as John Qmdc^a iD-
dictment was only fur words to king lieu*Ty
nnkas^mding^ up and speakingwiir alts ifae
ha Olqpsham'a
meaning of a conspiracy or plot to take away
the king's lifb, bnt a communication by wpr^
between several traitors concerning such^'act,
and the methods of its accompKshment, and a
declaration by words of each man^s being fixed
in that purpose; which, if it be pM>ved by suf-
ficient -testimony, will undoubtedly be an evi-
dence of a compassing, dec. which is the treason
prohibited and punishable; nor can the meeting
inake it more so ; for they could not discourse
unless they met ; and therefore 'tis the words
enly that are the manifest overt-fait Nor doth
Hugh Ppe's case or the resolution of the
•judges therein, contradict this, notwithstanding
the confidence of the iteraarker, that it did ;
they onl^ say, that the words in that case were
not treason, that' those words were not an evi-
dence of compassing, that for those words he
cotlld not be indicted upon' that statote ; but
'iNropinjoii doA pbinfy irapljr, tkathad the
case: Thomas Kniver's, John
John BIhfield's, are all Ibr words, and
others there qiecilled. Besides it is
able,thatin most indictmentooB this
some wovdi have been alledged in them as an
over-fait, to demenslvate the imaginatioB, whick
would be impertinent, if the law were thoovht
otherwise, i will not insist on OoUedge^ he*
cause the case hath been cavilled at, tfaottpli
widi no colour as to the indictment : pwt of n-
trick Harding's indictment was logvendapmk^
iicamt ; but I'll not dwell on that, bgcaiBM
fiNdisbly drawn ; bnt Arthur OroghagoB**
Case in Gro. Car. is pretty full, and for wonln ;
and the words of the book are, That die trai-
terons intent and imagination of his heaK was
declared by his wordbt, and therefore heU^higb
treason vrithin the express provision of 95 Edir.
3, and upon his commg into England he sraa
arrested. See, New no answer can be to tlus,
bot that he came into England ; bnt the worda
only shewed his intent, and by that book tlift
words are alledged as the overt*fait; beadea
the case of Blanchflower and Atwood, Midh.
5 Jac. 1, B. K. in Yelrerton's Reports lor»
per curiam, resohred that words may be trea.-
son, and that is an express resolntien ; fbrthoia
was then no temporary law in b^ngconcena-
ing parole treasons, that I know of. Hm eaaa
nf Berisfbrd and Presse, Hill. 8 Jsc. 1. B. R.
Yelvert. 197; adjudged, That treason may be
committed by speech as weH as by act, for any
thing which discovers the mind of a man to he
traitorous to his soyereign, is capital to Uie
party : Hifccham ad Brook Pssob. 1 Car. i.
Hutt. 75, held per cur. That the speaking <vf
tiieason was treason, and that < sermo est indax
animi,' as well as preadiing or writing ; aiMl
no man can doubt but those are acts, and
speech is as much so.
Besides, if the consequence of the contiasy
doctrine be well considered, 'twill appear to be.a
plain evasion of the statote of S5 £dw. S, as is
manifest upon the reading it : and the common
books are ritll of this ; for otherwise no action
coukl lie for saying a man hath spoke treascm.
But here's enough said to answer the challenge,
Where's the authority for such an assertion ?
Thoujgffa infinitely more might be said fbr tt^;
nay, it is as easy to dumb-mund the centrarVy
as 'tis to tnuiBcnbe taw cases. If this dolh not
Ipve them satisfaction, they shall remain unsa*
tisfied tor me, I'll plat^fue the work! ne move
with writing on this diill, flat, nupfofitable sn^
ject, crown law, lest 1 should provoke our new
scriblers to double the plague ay their vepliea »
if they attempt an answer, I'll leave the tobao^
conist and grocer to eonfhto them i andnnleaa
a trunk or oand-box chance to bring them to
my Tiew, I'll never be tempted to read thens i
and ef diis the^ maj^ astafe tkciBstircs, I si^
n7l STAT£ TMALS. 55 €h AKLB8 11. l68,3.— /m- Bigk TWcioii. [77*
HlocoipyiimiiBttfae retder with fttieiiec (o
f&tm^ tbe rest o^lhe tticcly being aBcerteined
MfTflTlo hevnioreaiitySt letat Mi firom this
Seme pohaps mtv winder it the rmmm of
the puMfCatioQ of these sheets, aad oonceive
tben' the fvodQct ef nslioe on one side, as
those ▼irokiit peomUelB treoo, the other : to
solre that sevaple, I deed only repest the rea-
sons slledgied n the first; bnt a re|Metition is
damaaUy duO, as well as tedioos and vkaome :
ni tberaibre adda new pne, and that's to sltew
iSke resssnablenesB as wdl as'the necessity of a
MMral, indflfiiiite, spee^ set of oblivion ; Ibr
though the Uood-hoanA fret, and hoff, and
honnoe, as if all their madness and mgt were,
ihmided on a true basis ; yet 'tis apparent from
tbo prsmises, that thttr foundation is fikke, and
the law is direct and plain in their teeth, and
doth and will justify in most of the partkulan,
at whicb they foam' their cones and ezeera*
tioofl. Reason therefore, as well as necessity,
injoins a silenoe as to what is past, for.other-
wme the kingdoin^an norer have ito desired sa-
tiofiKtion: mr in poiats justifiable, or at least
doubtfid, the justice of inflicting punishments
can never be vindicated. IMd 1 cau them pu-*
nishni^ts? I beg the reader's pankm for the
jmpnspriely; however I'D ih& name their
proper tern, bot wiih,calmne» eadeavour to
evince ^ree things.
1« That it woold be grateful to the nation in
MMml, and erery good man in particular. S.
CoBductng to the settlement and interest of the
goverament. And hntly, That 'tis
wiih, and promotire of, the highest
First, the nation did and doth enect it, for
iwengo is never natural but when freshly
jporsoed, and time wears off the sense of
vy wifs, by the interreotion of new ones either
rnl or imaginary, which b all one as to this
pnrpose : The homr of any crime, or at least
ihodeleststion of the criminal, grows faint and
hmgttid upon the removal of the obfcct, especi-
ally if time interposes with the accession of
yruscnt fears, which at present do more affect
us than greater, if more distant. It can never
Iheretore be thought the desire of die people of
England, to have their neighbours or acquain-
tance harrssscd and persemitedby fines, con-
Hacations, imprisonments, mariks of disgrace, or
the like, for actionsdooe in the last or former
reigns, nboct which the world hath been io
much divided, if lawful or not: Besides, that
this was the gencnl eipectstion of the Idng-
dom on -die new -settlement, or at lesst the oo-
foaation, of which nature thoni never was an
instsnco before this without an act of grace ;
and it is nmst |dain, tliat none are adversaries
to it, but the republicans and the Jacobites, not
Ibr that they need it not, ss I shall shew anon,
hntfordiflersnt ^pds ; each drives a^and wishes
a change, it msttsm not to what; forif to the
kttcr.the other .bines a commonwealth will
hethemoredesirsbie: If the republican sac-
feeds, 4^ the other beiisviss niestontipntbe
more easy ; bot both dislike the present, and
therefore firead a setttemeat, and consequently
dread the peofde's satistaction and quiet omier
their majesties, and consequently dread an act
of indemuita|r : It is true, the cry for vengeance
islood, but it is only from these two comers;
which leadl to the second paiticular, that.
It will establish and projoote the interest of
the present ffov^mmeot ; While the popular
bully is full of damme's and menaces, ttrere is
certainly danger, and where there is danger^
there is fear ; now fear causes an aversion,
and aversion begets liatred ; and the digectof it
is that from whence the supposed danger
arises, which is from the' government irritated
by the venom and fary of' those hot-headed
animals: What^ever batii power and will to
hurt me, must and will be abhorred; and
though none are immediate actual patients, yet
the King possibly obnoziousto it, uid the want
of security for the contrary, doth of necessity
cod tbeir respect to the present power, oodcr
which they are not safe ; and this tesspts them
and their friends upon contrivances and at-
tempts of danger, both to themselves and the
public ; and danj^ by the attempt is no dis-
courajzement where the Kke danger attends
their forbearance : and this is of weight, unless
Cromwell's politics be thought christian, to
cherish and promote a plot, as of advantage to
settlement^ if reasonably discovered, and sob-
tilly managed ; but however it is as true, that
enemies who are desperate, ought never to be
thought inconsiderable ; fbr tbey may shake
and batter what they -can't destroy, they may
do mischief, though they can't work ruin, to
their adversaries ; upon which account, the
temptation of continual impending danger is
fit to be removed; Besides,
Tlie waniof security, and the fear of danger,
making men uneasy m their thongbta, reple*
mshes them with complaints and mormors at
every aukwai'd action, or supposed miscarriage
of the government feared ; it makes them mu-
tineers at public taxes and impositions, partly
because they think it strengthens and increases
die power of hurting them, and partly because •
it sponges and bleeds them of that, which (hey
fear an occasion Of themselves to bribe black*
rods, seijeant;^ at arms, and other gaolers with ;
and in a<dosrionstnre when extraordinary i^ds
are indispeaSably requisite, no temptation to
comphuM i#deservingi of countenance ; besides,
that it cramps trade, and discourages projects
for public good, &c. Bot farther, it is the Mf -
mg, not the dead, the happy, contented, and
chearfal, and free, not; the oppiessed, miserable,
forlorn, or imprisoned sobfcct, that doth service
to the crown end the pubhc.
It hinders sU such as are thought to be so
obnoxious from any boM essays for the nee of
the present govetnmeni ; fortnatif soccem be
theattendant of such then- attempt, they con*
tiaae unsafe notwithstanding ; fo»noman will
adventure an hazard to secure that anthorily,
ahidi be is not sure will makeUmsaih, if he
dsch nndcymhs the peseot adfMtore,- tnd|
trsii STATEtAULS,35CuARLBsIt ms.^Triri^ffVmmLoriRmta. [780
»iie>pw tliAtdanf er, aad performs the aervioa ;
ct» tbataelf-Drewiratioa renders it their policy
Ii9 iwhiAge tkeoMelFeB from, or to be shv of the
nreseot power; of which aooDsidersbfe num-
Wr might prove qseful friends, which are no|W
iituters at least, if notentaiies.
ItisohserraUeinahforeign p^Ucies, either
lo work a total eKtirpation oT the whole party,
or an unireraal indemnity, after so gi<and a rt-
•voltitioo as this was ^ the former is not to be
practised here, for two reasons: 1. Because we
. vaot people : 2. Many pf our friends must be
Ipanishedloo, for divers oif the supposed crimi-
nals were instrumental to the present dhiwige,
&C. Eivo the latter only is, and 'can be niost
.adrisabte; for once I will suppose their num-
ber hut ^maJl, in comparison to thc^ sau^ts and
ittBoceiits (if any such there are in tbe nation);
vet under our oreaeot circumstances, all are to
be obliged as mends that possibly may ; but if
the Ihirteien heads, with the surrenderers clause
•nd all its and their subdimons had been re-
duced into a law, in the designed act of attain-
^r,. one third at least of the nation had been
involved, who, 'with their d^bli^ed r^atives
«id depeodanto, is not so contemptible a flock,
tbooKh bat of sheep for the slaughter. Besides,
i It IS impolitic, as well as unjust, to deny oi
delay it to those who hare submitted to the
government, yielded it obedieii&ce, and quietly
Eove its puiuic charges according to their
-proportion, and ^et give a free, full, and g^ie-
ral psxdon both m Scotland and IreUnd, to all
ihat took up arms, for all their sins then past
and preasnt : It provokes the former, to repent
the noo- concurrence with the latter, for it was
but nsuming their quiet and submission at
plca^Dse^apdthen they were safe, which now
they are not, but under continued roenttoes and
dai^pera of both, as appears in their being
baited bv ev«y barking cur, that can but
write with gall in his ink, or speak with a damme
^ in his moijSh.
£xperieoce farther tells us, diat nothing
turns or changes the humour of the English
€om\noner, like rage, insolence, and .cruelty in
. their fellow subjects, when mAde superiors,
and such is nddns^ into old sores thought to be ;
it matters not whether justly or no as to this
purpose, the effect is generally such : The
Star*chamber in Car. 1. his tiume, the Mi(ior-
generalj in Cromwell's : The Tophamizing of
abhorrers in Car. S. his time: The western
eampaigUvand the other criminal prosecutions
in the b^nninj^ of Jac. S. I say, all the
violenceB used in these several periods (and
3'ei they have their respective provocations)
id most notoriously aher the kidney of the
Commons, and made even tbdr once beloved
'first dfeadfiil and terrible, then odious and
loathsome ; they produced considerable changes
in their several consequences : 1 could oome
nearer home, even to the teasing of Moor and
Vorth, and other citizens of liondoD, which
Arst turned the stomach of that city, as is now
apparent ; but w< verhkm^ &c. But larther,
The «mnt of this Kudnrs both the pohi^
and howw ^f the gre^t belhvartt fior^veQ-.
geanoe tp be justly smme<^: 1. Their
honour in taking p(vre of theidr owu.servanlay
for ail their excesses upon tfa^ Revolution, um|
GAposing the indemnity of aU others, as by
th^ act ap^eara. %» Tfeir policy ; lor that n
is observable in stscy, that the ajimMatioR in
queen Ehzabeth's time» was under a pratsstnat
prince for the protsatattt veligion, and nft ill
supoesa ^Utendeo it, yet those w^ a«ioeslora ^
ours thought fit to secure themselves, 1^ tuna*
iug the associaiioB into a laH^, and % gaaer^
act of indemoitj ; 1 do not say they needed tt,
but die atesociators in that reign thought it
need^ i and it is very eonsideraMe, that in
po reign WM ^^^f^ mox^ peace and quiet tluua
in ber^i, and in none were there ever nuwe firee
and general pardons : and in truth the latter
was the occasion of the former; for wbcn
men are once safe and quiet, no small tempdta*
tions will provoke any more adventurenn,
though they like another bettor^et men betM§^
easy are generally eontented* liiera waa our
tree and general pardon of the queen's at ftrat
confirmed, 5 Elu. cap. 11. aiMitber 8 Bin.
cap. 16. 13 Eliz. can. 98. 18 Eiis. cap, M. 3S
<Eliz. csp. 16. %7 Eliz. cap. 30. d9Biis. caft. Ol
31 Eliz. cap. 16. 36 Elia. cap. 14. 39 taSm.
cap. 28. 43 £Ii«. cap. 10. Blevep in nwaher,
and never five years without a peiiiaiaeift-pKr-
don, and this made pariiaments and erpuns Aik
darling and desire of the people. Beside^ it
is the interestof eadi partyanMNigst us, thoo^
soinedonotseeit; the Whig ought to pro-
n^iote it for two reasons; 1. Lest being the
lesser part \^ chanoe to feel the want of ift^
and for that be hath given seme provocatUNi.
3. That if it foe the greater, die memory of his
vengeauce and fiiry may be fi>rgotteQ, susdl
himself restored to the good opinion of the
rest of mankind, by one act at lesjtof good
nature : The Tory ought to pursue die same
measures, and much for the same ressoos, for
his top-gallantry hath been,«ndif re^practioed
will be aga^ as odious and leathsome to the
moderate and good, as ever, it was, or as the
others could be. Temper therefore is now the
game, and a veil ows all tb^t is pastiseer^
tsinly the most poUlie, especiaUy considerine
the multitude of the supposed crbninals, anid
the justice of their several eaoases, which
.comes next. For,
Lastly, it is consistent widi, and promodve
<tf the true and highest jo8tk» ; ibr mmsstof
the cases the law was doubtful, and to puninh
4ipinion in matter of law is as unjust, aa te per-
-secute mistakes in matters of religion is un-
christiaH ; and new laws Ibr govemnant die
Jutva^Q are more agieeahle to natural eoui^,
than a retrospective lur^ ; that it was do«miil,
is plain, the modcni scnblera have sufi&cienil|f
. proved it. In two of the jtMes cited they dii*
fer thumselves ; for Dr. Stasy's Case, the De-
fender cries, it isnet law, the Kemarker •greea
it is, and that he was well hanged \ forfluii-
ket's Csse, the Defender cries, he was wA
hanged^, ftr there wa^ treuon eiiaogh in bia
rsi] 9tkTE TUlALi^ 3i CitAltLes ^I. \6^S.^for Sigh 1kt»0n. [^VK
cbarce, Ibe Remarker insimiates as if lie stf-
feredliardly ;» now, what shat! a Httle lawyer
believe Setween these two great bodies of learn-
ing ? The like may be s^d of Soame's Case,
aod the other above mentioned'. Sat what is
more : In the volaminous argument against the
ifispensing power, owned by sir R. A. he doth
eoocede, tfiat tbene are aome Arerogatirep 90
personally and inseparably inherent in the
crown, that no act of parlmraent cab cramp or
dintniab, or at ICBittake aWay ; and that belnr
granted, I am tm^aU that tha rest of tbebook
Miys oan never make that a phdn ease, and in
tradi his own argmnent shews and leaves. it
a ^iaptitable point ; and if that were doubtfal,
ev<ery partienlar else may well be boried in
oblivion ; besides, in cases of 'constraction,
tlie nature ot' the thing admits of no doubt,
and then there is no colour for punishment.
* In respect of tnfefior peisons, by our oonsti-
tutton, they are obliged to submit to nod follow
Westminster- halt, which is the' Lejt hquens
AngUm^ and when all these things ave duly
considered, there win remain but few gnmd
esxecrable eriminals, who were fit to be made
dumpies of, only to tickle some, aggrieve
others, and terrify none ; for that will M the
etaseqpoenee ; fpr that is the case of all vio-
lenee, where the juatice of the thing is not dear
and iindonbted. ThentetfXceptiens;
liSt us think a little: Is it reasonable that
aome should suffer for no^ belag^ alVaid of pu*
mshments never declared or pmmuljfated, and
oChera should isscape, because their eounte-'
oaodes are mofe mwning, or that by consent
their relations have played on the other side,
or that their swinghi|^ fortunes-enable them to-
acatler mice for ueir personal indemni^, or
that they have had the lucky principle of neiiig
filithful to aO changes, and true to nothing else,
or. that they have been ftvward'to subvert their
oM master, aftarlbeir fire and fbUy had ruined
hfan, and endangered themselves r These and
anch-fike are no pleas for justice^ and yet this
ii the case. Farther,
The drift is to magnify and aggrandise pu-
AiahmentB by UU, wmch by the standing laws
and common justice of the realm coulunot be
inflicted ; and they urge two reasons for it : 1.
Ttieir particular pardons will otherwise excuse
Ihem. To that I answer, etthef they are valid
in- law, or not ; if not, (hare is no need of bills ;
if they are vafid in law, the same law and jus-
tice of th^ kmd injoin their allowance; even
the same law by which the country -man plows
his land, the gentleman receives his rent, the
trader recovers- his debt, and Iheaenator sila in
the house \ and by the same teason that ^ese
i^oy their properties, the criminal ooffht to
have his pardon allowed, fbr one is a right ac-
crued by the law, as well as the other. S. The
common channel is too smootti; severity is
aometimes necessary, aod that now, if ever ;
and therefore the legiadadve authori^ ought to
erert Its power, and punish acconuag to de-
merit 1x» answer that, I say, tidied Ibty are
no offences by law, and there needs a hQI tt^'
make them such, and inflict iftvils upon them
as such ; or else they are offences, but deserve
a greater punisbment than a oommon court
may oronounoe : Now, if theik^ be the^ase,
then 1 am sure it is rank, palpable-, t^yrannical
ii\^ustioe, and that bthe plague of living under
an arbitrary power, fbr none can know What ia -
not criminal : If they mean the Latter, as I
'suppose they do, then I ask, to ifvhat end Vera
puntsfaments invented in societies^ but |d ve-
stratn men from doing particular aatioWvr
'through the power and u&aenoeof fear ? And i
how txnM that consequence be expected, when
'the penalty was never known beforeit is in-
flicted ? Atad to inflict an evil afterwards, which
was not known before, is to make a man. suffer
that whkh he oould not fto, because he ooold
not know it, and this because be did not fear-
it: And the justice of that is plaih too.
I agrao with the satirists, that Uiere are
soDM preoedenta of this last method of proceed- »
ing, but meet of them are repealed; I will
name two that are so, the earl of Strafford's, ^
which the very law i^elf did injoin posterity *
not to obaerve, Or foHow, or do' the like. I
cannot foiget one expression of his, to this ef-.
feet, upon the trial : If there be an enpor in a
judge, 80 that he give a aeatenoe otherwise
than a man of better understandiuf eoaceives
reason fbr, there is no cause the o^^ee should
be heightened, because he was not so wis^ a
paan as he might have been, nor so understand-
ing as another ; which if allowed^ will Rudce it
more digible to folk>w a plow thsua serve a go-
vernment, to dig in' a ditch than bear an offioa ^
for all men stand obnoxkHis to the coostruotipna'
and jpassions of succeeding times. There ia*
one mstance mure, and that was sir Thomaa
Haxey's, who was attainted for treason, for
brinj^mg in a bill into the oommoos bouao
against the prerogative, though whfle and as a
member: I suppose the sparks will tiot much
applaud the justuse of that procedure fbr their
own sakes ; but, as I said bef<ipe, that, and
most others of their precedenta, were repealed,
when a cooler assembly noet i^K>n thenaxt
session, and so wasllaatey'^ in 1 Hen. 4.
Gott Abr. RjBC. 36S, 3dS.
But if vengeance be requisite, it ouffkt io bo
without respect of pertNms, tiie justme of it
oughtto be impartial, true, and catholic: And
tfien come in tlie pensioners and aurrendersn^
(he relators 'and "promisers, the old, higb
eommiMMiners, and the new oreed*makers, &c^
and, God knows, qttu aon, dec. To cooolade^
our Saviour's rule, if obsc<rvod, will be the mmt
' infallible indemnity that can he oomtrived, and
that is, John viH. 7. ' Let him thatis without
sin amongst you, cast the first stdne. And in
truth a censor of the manners of others ought
himsiSlf to be pure, dean, and innocent, t» omiia
re quacun^e ; and if there be no danger but
firom sudh, I am sure there is no dan|[ler at all,
and that it should be so, is the truest juslieoiA
die world, guodfuit probandum.
1 wyi not mentiao the argument froaatiio
7M] STATE TRIAti 85CHAfttBsII. l6t5.^THtU qfWiBkmUrdRMi9M, [784
vactticj, that the gOTemment was dinolred,
crery thing rednoed into its prinutive state of
iiatiife,aH power devolTod into indivMliia&By ao4
the particolara only to profide for UicinadTes
hy^LUgw oontractj for if to, thereiiyetoo
for panMhinoit «f aola doM before
thedinriotioo, jkod cQnae||iieiitiy refcoge fb^
thatiealanciM; indemmty therefore ought to
be promoted J>y those who made diet vote for
otherwise Ifaeir truth may be snapeeted, 6co.
The Lord Russell s Innocency further defended ; in answer
to The Magistracy and Government of England vindicated.
THERE is a pamphlet Tory latdypoblisbed first lettefs of (his anther's naae without caat-
which stiles itself, TbeMagiatrac^ UKtOorem- ing of a figure. His amuneot ib law plainlyr
nent of England vindicated, "P^M ^ profeanon^aiid what robe he wears ;
It appears by the fiiHowing part of dietitle, to
he no less than ahistification of the proceedings
asainst criminals ; impudently declaring, m
puin and expres words, as aliio by all his sab-
sequent discourse. That by the Crimbal he
means the late lord Russell, pag. 2. column 9. in
the middle of it.
And the author dees professedly own, that
the book is written by way of answer to a
small discourse or aivument lately printed,
which bears the title of' A Defence of the late
* Lord Russell's Innooency.'
It argues a transcendent boldness in this an-
swerer to call this noble lord a Criminal, and to
ittstify those procMings aeainst him which all
honest men erer accountedno less than murder
under a pretence and colour of a legal pro-
ceeding, andto presume to publish such a dis-
course as this, after the Kinff and the two
^ Houses of PaUiament have, by Sie most solemn
Judgment that can be j^ven, pronounced that
noUe lord to liate been innocent ; and thereby
hare done so g^reat right to his memory, and
that with so high a seal, and so i6ighty a coBr
eemment for hun, as the like cannot be shewn
in former precedents.
It is most evident, that the author was com -
posing this scandalous libel even when he very
wdl uiew the biU wa<i brought down firom the
kwds to Uie oommoDS, fi>r reversing this noble
lord^s attainder, and the author could not but ob-
serve widi what zeal and affipction the bill
was entarta^ied at its first entrance into that
house.
The author, by endeavouring to conceal him •
sdf, is firom thoice, as he plainly professes, en-
couraged to take the more liberQr to lay about
him in the dark,' (as he fiuMxes) and thinks to
escape unseen ; abd notoi^smkes at the au-
thor of the lord Russdl's Defence, but, as &r
i)s in him Ues, wounds that tioble lord in his ho-
nour, whose justification and defence wassoun-
dertiJ^en, and labours to o? erthrow that right
and justice that hath been done by the supreme
authority of the nation.
' This IS no way agreeKUe to a noble and sn-
nerous soul, to come bebind a man and stnke
him i it rather follows the example of that de-
vilish Powder-Flot, to destroy and blow up the
king, and both Houses, and to do it ut such a
ckManddandestineway, as it should not be
known who hurt them t fer he was too much a
oowavd toset his name to it
3Ht it is very easy to teU yeu what are tlie
1
and his stil^ and phrase of speakinff having
peered in so many noted triafa^ as & in so maoy
risible and leeiUe characters ^lisdose the au-
thor ; sir R. 8. docs under his hand reBdOysui4
otterlv discbim it, and is heartily believed in
what h6 says.
This slanderous author acknowledges, tbatt
uponthelordRosselPstrial, some blamed the
jury, most censwred the witnesses, but veij'few
arraigned the counsel or court Here k
evidenty appears how oar author is coDoenied«
first for tho counsel, and then the court ; and
self hath the preference, though it be here witk
a breach of good manners to name the coma*
selbefore the court
Page 1. He takes it heinously tbatanygaa-
tieman of the long robe should appear inpvtul
to ridicule their own profession? tms grossly
rneaks onr author one that was of counsel in
the trial. Et tu Brute f
Ifit had been an open enemy, a doctor of
the commons exercismg his wit and raiHery
on the common law proceeding, then (as he ex-
presses himself) this (author could have home
It ; but he did not imagine that satires and in*
veotiyes^upon past proceedings should be writ hy
lawyers.
In reply to which it may be just] v ^seid.
That when lawyers' will make use of theur wit
and rhetoric, as this Answerer has done to bol-
ster up an unjust and revengeful proceeding, end
out or ambitious designs, to get or continue in
fevour, and to gain greater preferment, or shew
their parts, wilT engage in causes lof blood, and
help to d«troy the mnocent, and be instru^
mental in subverting the laws and government^
it is every lawyer's duty, a^ fer as m bim Ivbs^
to vindicate thie profession, by utteriy disclaim*
ing and abborriog all such practices : and the
Dmnder can appeal to all iSaJL have known his
conversation for above these ferty years and
under, whether ever he used any such pitifid,
mean and ungenerous aits and methods, better
beoominff the stage than a courtDf justice; and
whetherneiUd not, when it was in hispower»
constautly restrain and condemn that scanda-
lous and disgraceful way of practice. And be
can as freelv appeal to all tbat will be at tbe
pains to read his printed Argume.it, (which this
concealed author so uiyustly censures) whether
any such bitter reviling and revengefid humour
appears in any jNut of what he so published, isr
the least reflectbg on any particular persKm,
but only in tbe general, and no farther thaa
785] STATB mULS, S$ Chabls$ II. l6ss^ar Migh IMluom.
[7««
Ihe BMBBJiMliQeaf the cawft dill eRtwt frsin
him ; ao fitf vw be iram this author's scurri-
loui» and rode coume of refleotiiig upon any
perwMi'f private ooQTeraatiofi ; but some men a
faculties lie tbi» way, and tbey are very well
koovji, though aiWr such manlifest and gross
provocations, diaA have been given by this au-
thor^ pad such public and scandalous actings
•I' bis in the eye of the world, it might jiiistly be
$aid with the poet :
* Difficile est Satiras mm scribere.'
* •
. The aodHMT of this Answer, in his first para-
gfi^pb) would have the world believe, that he
writes upon no other design than to suoportMa-
l^istiacy, au^ the government ; a noble theme !
(as he tenn^it). £very man knows wliat sort
of government he laboured to support but the
other da^, and bow f%r he was instrumental in
it; bat It is rather thought fit to leave him to
^ general act of indemnity and oblivion, than
take any revenge upon him
, He seems to allow the lord Russell's defender
ifk his fourth paragra^di, to bean author of
age, experience, figure and learning (but he
viU not ^y candour or honesty). Thus he
The brd RusselPs defiender is very glad he
bath so little pf this adversary's oommeodation,
iJK k would gain but small esteem amongst
naea of true worth, to becommeuded by him. It
4night bfs^toliim, with tlie philosopher upon
the like occasion, being commended by an in-
frmou^ person, What ill have I done, that thou
ahouldest thus commend me ? Yet that can-
dour aiid honesty, which he covertly refuses to
wfUijWj is that .which the k)rd itussell's defender
ycefers belbre all this Answerer's mencenary wi)t
^Ad rhetpric.
In his fifth paragraph heiudgesthe lord Rus-
•ott very unibrtunate to &li uqder the accusa-
tion of treason ; and says, tliat noble lord was
most pitied of any under those circumstances:
iiU/»(y.-'That noUe lord's misfortune (among
olber things) was his ^ling under the hish
6£ so bitter and sharp a tongue as your's,
"W^y however,, you seem now to mention that
load with pity, had then no pity for him, but
naed him with severity, as may appear by your
^wn printed narrative of that trtal, and your
i^elocical fiourialies in a case of innocent blood,
wh»ch eootributed in a high degree to inveigle
4i« juiy» M»d brmg that iwble lord to the scaf-
fold.
He eonfidently says in the same paragraph
thaf in truth the fiurness and i ndiiferency of
that tcial was such, that his own rebtions were
pleased-
£i^^<— How untmethis is, in both the parts
•fit, tltotthe.tiial was very fair and indifferent,
wdUiat his nearest relaOons were highly ez-
v^MBated and offended, shall appear before we
part
in the flbctb paraesraph of his sheet, he com-
iWps, that the nieaiory of that unfortunate
geotfeman yfw cevivcd'by the publication of
|be deCeoce of his innocenajir.
rot. IX.
Why, what hurt in the renviag of his me-
mory P His memory is precious, he died a
martyr for his religion, and for the rights and
hberties of bis country, and fdl a sacrifice
under cruel and merciless hands.
It is indeed this Answerer's eonsciettoe that
flies in his 6ce;. the reviving of this noble
lord's memory speaks terror and amazeraenta
to the Answerer, Thus did bloody Herod,
when he heard of the fiime of Jesus, he presently
cries out, This is John whom I beheaded.
He does prepare himself to make use of in-
decent or disrespectful language, ^as himself
expresses it) and comforts himself with the
thought, that his name shall not be known. A
pitiful and unmanly dealing, not becoming a
person pretending to mgenuity. The lord
Russell's defender dealt otl^wise, and owns bia
name, and will let the world know what thia
Answerer is.
In the four next ensuing paragraphs, he is
much to seek for what end and purpose the
lord Russell's defence was printed in that
pamphlet (as his wonted rhetoric tbinl» fit to
call it).
It could not be ^as he most contemptudud j
says) for consumption of paper.
Nor for the boiwseller's profit, for a reason to
be guessed at.
Forbear, for shame, to nse these sly and
siOy intimations; they are fitter for school-
boys, or the mountebank's stage> or for BiU
lings^ate, than for a man of your figure"; one
may be ashamed to have any dispute tvtth such
an empirick, or rather a Jesting and jeering
Merry Andrew. Pray keep this sport for tlM
next Bartholomew Fair, and learn more gra*
vity and civility.
It could not be (as he farther proceeds npeii
the same inquiry) for the sake of the lord
Russell's memory, or any of bis surviving re«
lotions; for what was written in the lord
Russell's defence, is (says he) but a painting to
the life the too deep concern of that noble lordj
in a weak as well as criminal enteiprize.
Thia is wonderful boldness and «lariog in thia
Answerer, still to pronoance him a criminal,
(that noble lord) whom the supreme power of
the nation, and the highest judicature and
authority, have adjudged innocent. And yet
he has the impudence to intitle his undutifnl
pamphlet. The Magistracy and Govemnoent of
England vindicated : and to publish this, after
he, as well as any man, knew that the act of
parliament had passed, asserting the innooency
of that noble lord, and the barbarity and injustice
of the prooeeduigs against him : wherein thia
Answerer had so great an hand, and oo bitter
and sharp a lod^ue.
One would think, that an ordinary wit might ^>
have served to put him in mind, that as yet
there is no act of general pardon and indem-
nity passed : and who knows upon whotai the "*
great exception may light?
But he trives a very just occasion to the
lord Russeti's defender, to let the world know
for what end and purpose he long since wnt|
3 E
rS7] STATE TfllAM, 35 C|iARt»sn.l«S5-—rrifZ«/ira/f«»JL<rrfJl [7M
ftnd to lately prmtod, ro despised a pampbkt ;
by whick, even his adversary may be oonWnced
it was DOt merely for consumption of paper, or
for the bookseller's prodt, but truly for the sake
of that lord's meooory, in asserting his in-
nocency, and at the desire, and for the sake
of his saryiviog relations. And for the truA
of what is thos affimied, lie does appeal to
those noUe relations of his who are yet alive.
While that noble lord was upon his trial, or
▼ery soon after, there came a letter to his de-
fenoer's hand, who was then in the country,
near eighty miles from London, and this from
a person or great honour, and one of the near-
est relations to that noble lord, requestinsr the
author of his defence to afibrdthe best advice
be could j and accordingly he heartily and
freely gave it : much of which does appear by
what is printed by him.
' This was not the only letter he received from
that lord's great relations upon that sad oc-
casion : but after that bloody stroke had been
given, a paper was published,- as the speech in-
tended by tnat dying lord.
in answer to which, the now Answerer and
adversary (as is too evident) did publish his
first pamphlet, intitled. An Antidote against
Poison, composed (to use bis own words) of
some remarKs upon the paper printed by the
directk>n ofthe lady Russell, ano mentioned to
have been delivered by the lord Russell to the
•herifla at the place oi the execution. Thus far
of the title of that pretended Antidote.
In the latter end of his second page, that
which is mentioned in the discourse out of his
namphlet called the Antidote, and which is
narely repeated in order to be answered and
confuted, he snrossly mistakes in this latter
Cmphlet, and talselv affirms, it is admitted to
true ; and from thence endeavours to have
the lord Russell's defender understood as ar-
I^uing against the lord Russell, and acknow-
ed^ing Dis ^ilt : which is a very unworthy
way of deshng by this pretended Answerer,
but easily discerned by any wary and intelligent
reader. Nay, this Answerer himself immedi-
ately afier, before he is aware, clears the lord
Russell's defender .again from the imputation
by taking notice, that the defender of the lord
ttussell endeavours to invalidate the credibility
9^' the evidence given aeainst the lord Russell.
This Reply declines the taking notice t)f many
of this Answerer's paragraphs, that are spent
merely in vilifying the lord Kussteli's defender,
it being obvious, tnat they were intemled wAy
to rencter mean and contemptible the person he
undertakes to answer ; it heiuff beneath tbis
Reply, to repeat them, and to follow tbe An-
swerer in Tiis rude and sciirriloas way of
writing.
It was indeed no secret to the learned, that a
variance between tbe indictment and the evi-
dence might be alledged on tbe jj^'eneral issue ;
nor that Treason, and the Misprision of it, are
difierent crimes ; nor that proofs of treason must
not he by hearsay nor argument only ; nor that
less than two witoeases are not to be allowed
1
for proof of that crime ; nor that the
ougnt to be credtt>le ; but fliese are not so ge-
nerally known to such as are nd profenseil
lawyerr, and may be usefully remembered to
sucn as are brought upon their trials for their
Kves, and are denied tlie help of counsel wheir
they most need it, and are api tobe laore under
a consternation, when they are beaei with such
sad appreheosioDs of their danger, and baited at
by a multitude of crafty wits, and such i^s abuse
their parts and eloquence to destroy the uum-
cent, and the court (it may be) not alwaya so
indifferent as they should be. And dieoe ose-
ful and weU-intended assistances, as are ordi*
nary and useless, as the pretended Answerer
would rqiresent them, were very thankfully en-
tertained, and made use of by several persona
of great abilities, and of the best quality, wlio
afterwards fell under the like cruel and mali-
cious prosecution ; but tliey were do professed
lawyers. And nios>t of these are still living,
and will and do testily tlie truth hereof.
The Answerer, in his fourth page, falls to
aivue the points in law u|»on the great head and
titie of treason.
This Reply forbears to repeat what die An-
swerer says upon this subject, or to repeat what
this Rephant has formerly printal, but therein
refers himself to what is so printed.
Only finds it necessary to state the noiot i»
question in as few and plain words aa he caa,
and leave it to any impartial reader to judge
of it.
Tbe great statute of treason, via. thai of the
25th of Edw. 3. was the only statute upon
which the lord Russell was indicted ; and dus
is acknowledged and professed by tlie attoney
general, as appears by the printed narrative ef
the trial, and he could liest know his ows
meaning.
Tliey could not proceed aorainst the lard
Russell upon the late statufe of treasons, mad*
in the 13th of Car. a. for that stetute limits the
prosecution to a certain time after the treason
committed, which was elapsed in the lord Rq»>
sell's case.
Now the statute ef 25 Edw. 3. does specify
and enumerate the se? eral and particular ImmIs^
and sorts or species of treason, that miffht be
proceeded upon, and tried and adjodg<^, m the
ordinary courts, viz. in the EUng's-bencb, or
judges of Oyer and Terminer, or nol-delivery :
such as that of Newgate, or the seasioos for
gaol delivery at the Old Bailey, where the
noble lord Ruasell was bcooght to his trial.
The scope and drift of that sUtnte of 25 Edw.
3. (as appcara by the preamble) was to confine
those arbitrary courts, and the ordinary jiidges»
to plain manifest rules, what they aheuld ad-
judge treason, and what not, it being of so great
concernment to the lives ik men ; and not Is
allow the judges or lawyere a latitude ar libaty
to make what they thought fit to be treason;
or to exercise the tongues and unruly noise of
lawyers in a matter of that moment. And
that statute of 25 Edw. 3. being in its nature a
confining, restraining, aa explanatory laWi
n9]
fTATE TBIKIS, 35 CuAVlt^ lU iSns.^for tfighH-eoiM.
l79(y
ougbttiierefwe not to be largdlj extended or
improved, tad stretched b^end tliepkin words,
and apperent sense of them.
. Now emeng other 8e?ehd species, or beads,
or sorts of treason, particular!^ enumerated by
that atabite, there are these two, pertinent to
ourcase; vis.
1. Compassing or iasagintng the death of
ihekiag-*
2. Levying war against the king".
Whereupon the common reader (for whose
saasfaction this is written) may easUy observe
this distinctioa, that the first of these is treason,
(in the very imagining or oonqnring) though
the king's death do not ensue.
But the latter is not treason in the conspiring
and imagining, but the treason must be in the
actual levying of war.
So that barely to copsolt, conspire, or ima*
gine to levy war, though tliere be never so
plain nor so open or overt an act of such con-
sulting, or conspiring, or imagining of it, will
not amount to this species or sort of treason,
upon this statute of d5 £dw. 3, which is the
only statute upon which the lord Russell was
concerned.
For that statute of ^ Edw. 3. did not intend
to make it treason, to consult or conspire to levy
iprar, without the actual levying of war.
This wilt not be denied nor dbputed by the
Lord Rnssell's adversaries, nor by this An-
swerer.
But, perfectly to evade this statute, and the
tnanifest intent and meaning of it, tbey insist,
i That though conspiring to levy war be not
treason within the statute of 35 Edw. 3, yet to
open act, alledjped to shew and signi^ it, is
nothing but his consulting and conspiring to
raise and stir up insurrection and rebellion,
and consulting to sebe the king's guards,
(though they were not actually done) which
are just the same thinf with conspiring to levy
war ; which plainly is no treason within the
stetnte of 95 Edw. 3, and therefore mo^ clearly
the lord Russell was not guiky within that
statute, upon that indictment and evidence.
Since the lord Russell's defender has com*
posed this short state of his case, upon this
great point, there hath come to his Lands a
printed half-sheet, which has ezceUently well
done the same work, which, had it been but a
few hours sooner, bad saved the labour of this
part of the present discourse and argument :
this half-sheet is justly mtituled, ' A Justrfi-
* cation of the late act of parliament, for the
* reversing the judgment against the lord
« Russell.^
There is but one point more to speak to.
and then the lord Russell's defender wilt bid
his Answerer and Reader adieu : and it is that
point which the Answerer'^ first print, viz.. his
Antidote against Poison, did not mention, and
so no occasion was given them to consider of
it ; but it is largely debated hy court and coun-
cil, at the lord Russell's tiiai ; yet being then
but suddenly started, though it were well
argued by the lord Russell's council assigned,,
no authorities however were then cited (thotfgh
called for by the Court) to justify ana male
good the arguments and reasons urged bv the
Council ; and it is a point in law, whicn the
act of reversing the judgment against the lord
conspire, consult, agree, or conclude, to stir I Russell is principally, and in the iKrst place,
op, or raise, or move insurrection, and rebellion
against the king, and to consult or conspire to
seize the kintc's guards, (which signify one and
ihe same thing with consulting or conspiring to
levy war) these (say they) may be an open or
overt act, to prove a consulting or conspiring to
kill the king. What is this but to confound
the several and distinct sorts and species of
treason, whicli the statute of 25 Edw. 3. doth
grounded upon, viz. That there had been an
undue and illegal return of jurors to try that
noble lord, (too often practise of late) and that
the noble lord was refused this lawful challenge
to them for want of freehold. The troth of
tliis, as to matter of fiict, doth evidently ap^
pear by the large narrative of the trial, printed
ny that lord's adversaries ; and this is not in
the lesist touched upon by the printed half-sheet,
sp carefully and industriously labour to dis- 1 styled, A Justification of the Act tor Reversal
tmguisb?
And what is this, but to make a bare con-
spiring and consulting to levy war, without anv
actual levying of it, to be treason witha this
ilatnte of Edw. 3. which plainly this statute
would not have to be so taken P And so the
good design' and scope of the statute, the se-
curity of men's lives, is wholly overthrown by
this artifice ; and what sliall be taken to lie
treason, and what not, will be still as uncertain
as it was Itefore the making of that act of 85
Edw. S.
And it was then a needless idle thing in
those that made the statute of 13 Car. 3, and
so of former statutes, to make the conspiring
to levy war to be treason ; for t>y this practice
and construction it is already made so to their
hands, by 35 Edw. 3.
Z
Now the lord Russell was indicted for con-
ipiring to kill king Charles f , and the overt or
oi the Judgment against that lord.
That pomt in law now only remains to be
spoken to, viz. That in all cases of the trial of
a man, especially in a trial for his life, tha
jurors ought to be freeholders, even at the
oomnuin law, and before the statute of 2 H. 5,
cap. 3, and that not only in trials within the
city of London (as the lord Rnssell's was) but
in all other cities or towns corporate, where
there was a iurisdiction of trying for life in
cases criminal.
It was not material at the common law, how
much, or of what yeariy value, that freehold
was, or is to be ; but some freehold (though
never so small) the jurors ou^t to have, or
else it was a just cause of challenge.
It was ipdeed the statute of 2 H. £, c. 3,
that first fixed the yeariy value of the frediold,
and required .it shooM oe of 40s. per annum,
which 40^ per annum was then in that king's
791} STATE TRIALS, SSCflAELIfS It. \6t3.--^iHd of mOkM L&rdtUuull, ^gf
mgQ,(bdng BO hog mate) eqid?aieiit to a much
higber value now. ^
And therelbre %he books and authorities that
speak of freehoMs of a less Tahie than 40ff.
per annum, must of necessity be understood
not to speak of cases within that statute, but
of cases at tine common law.
3 H. 4, fol. 4, . b. flolPs abridgiiieDt, title-
trial, fol. 648. It is there held, that fceishoM of
any value was sufficient for a juror. This
proves that ireehold is requisite, and that it
was so ])efore the statute of S H. 5, it being in
the r^n of king Henry 5's father ; and with
this agrees Kelloway, fol. 46, towards the end.
l»omc other cases, alW the time of king
fienry 5, prove the same, as 16 £dw. 4, fol. 8,
lialf an acre of land, no it be within the hun-
dred, says that book, is sufficient; and it is
well known, that as to this Salification of
having freehold, the same rule governs in the
jest of the juroi-8, as in those of the hundred,
10 H. 6, Brooke's abridgment, Challenge 192.
Hale's Pl^as of the Crown, 260.
Nor do these acrthorities distinguish, l&t all,
li^ween cases criminal and civU, nor in cases
criminal between that of treason and in cases
less criminal.
This beinff so at the common law, and the
itotute of 2 H . 5, c. e, only addine the yearly
value, viz. 405. per annum freehold, which
before at the common law tnight be of any
lower value: now, thangh that statute of
2 H. 5, berepedied, as to trials in treasons,
as in truth it is, by the latter statute of 2 and 3
of Philip and Mary, cap. 10, which ena<^
that all trials in treason shall be according to
the course of the common law ; the result is,
that stiH there must be' freeholders to try,
though they may be freeholders, as at the
common law, ofany yearly value whatsoever.
That the statute of 2 H. 5, (while it was in
fhrce) did extend to cases of treason, though
treason was not expressly mentioned in it, and
the statute speaks very ambiguously and ob-
scurely) appears by the authorities fbllowing,
viz. Stamt. PI. of theCr. 161 ; and « Poultdn
de Pace Regis et Regni,* ISf ; and by the sta-
tute of S3 H. 8. c. 23, in the ftoviso, that re-
serves to the partjr the challenge, for want of
40«. freehold, even in case of treason, though it
makes the treason triable in any county.
See sir Christopher Bhint*s case, justice
Crofce, S7 Eliz. fol. 41,^. In an information of
intnisiob, by the nueen ; a juror was chal-
lenged for want of fr*eeliold, and upon exa-
mination of the juror, it appeared be had free-
hold of 16t. per annnm ndae, and that was
adjudged sufficient; which admits it had been
a good cause of cfaattebg^, had there been no
fi^oid at all ; and it necessarily implies, that
it was required by the common law, for no
statute interposed as to any lower value than
40«. per annum. Nor does this case distin-
guish between the lease of intrusion upon the
queen, and any other XAse.
But it may relnsonably be argued, if fre^oid
be neeesaaryiBajoror, wlwistotryacase of
intrnsioii imly i fortmi, it is flsqini^ in t
case of high ti^ason ; bat in ttfat ease of sir
Christopher Blunt, another juror M^m eM-
lenged that had no freehold, and he was there*
fore set aside.
Now that the challenge, for wait «f free'
hold, extends to the city of London, wkA «thcr
cities aiid boroughs, a« weQ as to the counties,
is abundantly proved by the statutes of 11^
H. 6, c. 1, 7 II. 7, C. 5, and M H. 8,.c. 13, to
which the reailer, tor brevity'ssake, is rekttt^d.
It is ho where maiAtained, thai an agree-
ment to pQOSon or stab, &c.-is iio treason, if
the very act do not ensue, as the An#«rerer
very fmly alledgeg in the sec^md colamn of
his sixth page, toward the lower end: ibr those
have a manifest tendency towards killing, dor'
are they anV distinct species or sorts, or kinds '
of treason from the Killing the king, as that
of levying of war, and seizhig the king^s
guards, (especially not sheifVing what guaords)
are a distinct species frooi that «f kilE^ the
king, and need ndt necessarily be underitnod
to terminate and eondflde in a killing th«
king. Taking the king prisoner, or sciziiig^
his person, may more reasonably be thoog^fat
to aun at a killing of the Iddg, «r bate a tmi-
dency towards it.
And the indictment nught snrdy to har«
declared and expressed cl^ly and pliitily
what guards wet« meant, there bnng variefj
of guards ; for every indictment ought to oott-
tain certainty.
Herein the very in^etment ^as fanhr.
The bold Aosweiner hopes the kin^ wiB
always preserve those gimrds, thdugfithe par^
liament have declared uieir sense to the con-
trary, when the present extraoitbtaiy occst-
sion shaU beaver.'
This daring presumptiMttf AflsWerer, in ^-
fiance of the act for reversal ofthe lord Hussell**
sttainder, the trial having been partial, trnjiisty
and illesal, as the act i^rms it, yet dares to
aver in his last page, that there was evidence
enough to justify all concerned in the pruse-
cntion and trial.
The Answerer, towards his ctose, lakes
great care, and is much concerned, to jos^l^
the king's solicitor that then was.
And this would incline one to think, that tb«
then king's sc^icitor Was not the Anthdr of that
Antidote a^inst Poison, nor of this last print
intituled. The Magistracy and Govemmetit
vindicated ; which are So much alike in their
style and strain. And, in tmth, that tate
ktng^s solidtor doth utterly deny, ihzt he had
any hand in either of them. And sir George
Jeneries, the last lord Cbanc^or, could not
compose this last. This being so, it ma^' easS v
be judged where it must tuc: for this, look
into the printed trial.
I now refer the Answerer t6 justify himself
at law, if he happen to be in dangler ca an Ex-
ception out of an act of general (warden and
indenuuty, where he may uave a rairer oppor-
tumty to defend himself in his own more im-
mediate conoero, for endtavactring fo sabrie;^
79d] St ATE TRIALS, 5^ C^ARi^i 11. iM^^r/^ f^g^ ItttM^. IT§^
the kw, ivliifth e^er proves tuo hard for all its
opbOMtSk And I will so f»r follow \m Kmmonr
aM veiD, «8 to oonolttde with rerMfi too.
Rode, caper, Titem ; tamen hie cum stabit
ad aras,
Jn tua quod fundi cofbua possit, erit.
Which 1 thus EttgMk ?
Go, spiteful satire, browze that sacred iiM
(The law) ; but know there shall BOt want
for wine
To pour upon thy head, which 9ay w/ifem
To render thee k perfect sacrifice.
-»*•
Remarks on the Lord Russell's Trial, by Sir John Havles,*
Solicitor General in the Reign of William III.
within the 3d of Henry the 5, yet by the sta-
tute of aueen Mary, the stataie of the 2d of
Henry tne 5th, as to treason was repealed;
that it was a point they would not have lost ta
the city of London ; that if the prisoner shpuld
peremptorily challenge thirty -five, as b^ law !m
might, there would scarce be found thirty-five
more freeholders in the city, the mhdritance o£
the city being mostly in tl)^ nobility and cor-
porations, and consequently 'treasons may he
committed in the city, and there would not be'
enough to try it ; and in the case of the city of
Worcester, in Quo Warranto brought against^
them, that challenge was taken, aod over-ruled^
by the Ring's-bench, by advice of the jiilgee
or the common -pleas ; tliat the Venire nwi-.
tions lio freehold, but only ' Probos et jjfgjiifBm-
* Homines de Vicineto.
Then the chief Justice [Sir t^rancisl^eiB-*
bertoii,] asked Mr. PoUexfep, whether he did.
find anyjudgment in treason at 'cominon law,r
that no i\ eehold was a challenge ? Who aa-
sweredt he did not. Whereupon ike chief jns^
tice rephed, that^then he did not speak md idem,^
for he took it, in case of treason and felony^ Tat
common law it was no chaUepge ; and tine,
Statute of Henry the fiflh, in that pointy waft
introductive of a new law, and that statate, ae.
to treason, was repealed by that of queen Marv^
and that a case cannot be found of such a chal-
lenge in treason since the statute of qoeen
Mary, but it was business of great importaace.
The chief baron [William Moiitagiie»eaq.].
was of the same opinion ; for the same reason,
justice Windham and justice i^onee were of
tbesame opinion; the. last added, the rstbec
because the prisoner is aUowed to challenge
thirty- five peremptorily : and justice Caiitoa
was of the same opinidn, and the rather, be*
cause no precedent Dad been ofiered of sucfa a
challenge before: iustioe Leviez was of ^e.
same opinion, for the same reason; Justice
Street was of the same opinion. &r the ssbk
rea.sons ; and thought they had been very niee^
when the lite of the king lay at stake, and all
the customs and privQeges of the city of Lon-
don seemed to be levelled at in that point : Joe •
tice Withins was of Clw same (minion.
Then the chief justice told the prisoner, IIm
coiut over- ruled ois challenge; but that he,
had no hardship put upon him, for the reason .
of law for Ireeholdera was, that no sligbC per-
sons should be put upon the jury ; but in hii,
case there were persons of quality um sdb-
THE Plot being noised abroad, the persons
hefbfehatid resolved on were seized on, and the
lord Russell and others were clapped up close
prisoners.
The lord Russell having been for some few
weeks a close prisoner in the Tower, was, tfie
13th of July, 1683, brought to the Old- Bailey
and arraigned for High-Treason, in designing
to raise a rebellion, Sec. and the same mor-
ning was tried. He desired he might not be
tHed that day, for he had some witnesses which
it^ould not be in town till night : Which being
den.ed, then he desired that tiie trial might b«
put off till the atternoon : which was likewise
denied. He asked whether he might not make
use of any papers he had : which was allowed.
He desired be might have a copy of the pan-
uet of the jury that was to pass on him : he was
told he had a copy delivered to his servant some
da^ before.
The jur^ being called, he ehallenged the
foreman for being no fl^bolder in London.
To argue which, counsel were assigned him ;
-who presently came into the court, and having ,
el:cused their not speaking more to the matter,
for want of time to consider of it, argued, that
it was a good challenge, because at common
law every juryman ought to be a freeholder;
that the statute of 2 Hen. 5. provi:leSy none
shall be a juryman in capital matters, but a
freeholder of forty shillmgs yearly ; That
there is' no difrcrcnce between a city and county
and a county at large, at common law ; nor
by that statute 7 Hep. 7. which takes away
the challenge of no freeholder in the ward in
I/ondoD, and shews it was a good challenge in
London before that time : Tlie 4th of Hen. 8.
which likewise takes away the challenge of nu
freehold in Lond-ui, shews it was a good chal-
lenge before that time ; and the same was in-
ferred from the 23d of Henry 8 : But though
none of those statutes exten<ied to treason, yet
if it was a gnod chalieikge in treason in London
before those statutes, it was so still.
The king s counsel said, at comqnon law it
was not necessary that a juryman in treason,
should be a freeholder ; and though treason is
*See his Remarks at the end of the Cases of
f ikzharris, »ol. d, p. 426, Colledge, vol. 8.
p. 723, Lord Shaftesbury, vol. 8, p. 835, The ,
city of London, vol. 8, p. 1039, and count Co-
ningsmark, p. 185^ of the present i^olume of
Ibis Collection.
• •
7d<»] STATE TRIALS, 35 Charlbs IT. l6%3.--TrMo/mUiam:Lin'd B»99dh [79S
Glance put upon the jary> which was the same -
in fiubsumce with a jury of freeholders.
These bciwg the reasons of over-rulingr that
challenge, they niaj be ranked under these
heads : There was no such challen^ at com*'
rton law ; if there were, yet not m treason.
And if it were a challenge in treason, where a
trial is in a county at large, yet not where it is
m a city and county : and if in a city and
county yet mot in London.
The assigning many rea^ns W one and the
same thing, muces the judgment justly sus-
pected.: for if when two witnesses to one fact
varying in the circumstances of it, are justly
$\]spected in point of truih, several reasons for
the same judgment make the knowledge or in-
tegrity of the judges justly .suspected : every
<!ase in law, as my lords Coke and Hale say,
standing upon its own particular reason ; and
therefore when many reasonsare given, it looks
as if the judges were huntings about tor reasons
to make good what before band they are re-
vived to vent for law, rather than that their
judgment is the result of tUose reasons.
But to consider (hem singly, I do indeed
think there is no expi-ess resolutioh, that at
common law in any case of any capital matter,
it was a good challenge (except the case of
Fitsbarris, already taken notice of) ; but in
dvil matters my lord Coke is express, that
at common law it was a good challenge ; and
with him sir John Fortescue seems to concur,
who, in his exposition on that statute of Henry
the 5th, says, if the debts or damages be under
forty marks, the juryman shall have land to a
competent value, according to the discretion of
the justices. My lord Coke saith, in such case
any freehold sotficeth ; now how can that be
tme, if it were not necessary at common law
to have some freehold ? For the statute mdces
no provision for debt or damages under forty
marks, it must therefore be by common law that
some freehold was necessary, and that an^ free-
hold shall suffice. And sui*ely, if in civil mat-
ters it was necessary for a juror to have a free-
hold, much more in capital matters, and mostly
in treason. It is very plain, that at common
law no man was thought to be a sufficient man,
but a freeholder; and though now, and for
sometimepast^tbe value of trade is equal to
that of land, yet beret<)foreit was not so, and
hy what was heretofore, the common law is
to be known.
The matter of trade was heretofore so incon-
nderable, and the traders themselves for that
reason so vile, that it was a dis^ragement for
a fireeholder to marry with a trailesraan, as ib
to he seen by the statute Merton :* and there-
fore mere tradesmen, and not freeholders, were
not to be trusted with the concern of a trial in
a civil .'iiatter, and much less in & capital, and
least of all in a trial of High-Treason.
The chief justice Penif^rton says, that the
reason of freeholders was, that no slight per-
* See8tat. of Mertcm, cap. 7. 2 lost. 93. Cok.
Lit.80.
sons should be put upon ajmy where the hfe
of a man or his estate, is in queatioii ; it is
plain, tbeiefore, the conoeru of the thing to be
tried, is the measure of the substance of the
jui-yman. If that be true, the trial in treaseit,
is of the highest concern : How then is it true
as- some of the judges concluded, that though
freqliold might m fequisite in some cases
at common law, yet in treason certainly not?
It is indeed a pa'radox to roe.
< And the peremptory ohtfilenge of thirty -five
allowed the prisoner, is no reason against the
challenge of no freeholder : for that is only a
privilege allowed the prisoner infaoorem Viim ;
and it might as well be argued, that no chal-
lenge at all to the petty -jury shall be allowed
the prisoner, because ue had a ^frand-jury oast
upon him before, which is also %nfa9orem VUit ;
that no man, at the king's suit shall be so^ much
as questioned for hi^ life, till above the number
of twelve substantial men have on their oaths
said they think the accusation true ; and afier
that, he is allowed to challen^ peremptorily
thirty five, and with cause wiihojit number.
To affirm, therefore, that no freehold is not a
cause of challenge, because he may challeoge
peremptorily thuty-five, is a nontequitur : and
though non-usage, that is to say, that this
challenge was never taken in treason, was then
used as an argument, yet it is the weakest of
arguments which is to be found in Littleton ;
though even that fact was not true, for the chal-
lenge was taken and allowed before ; unless
you will distinguish and say that in that case
It was taken by the king, and therefore' good :
and in this by the prisoner, and therefore bad.
I am sure that difference cannot be warranted,
either by authority or reason ; and what
though Cooke, and the other regicides, and
other persons, did not take tliat challenge, is it
an argument that they could not, or that they
thought they could not? Perhaps they had
forgotten to ao it, as much as the judges in this
case had forgotten their resolution in Fitas-
harris's case ; or perhans they could not take
it, their jury being freeholders; or perhara it
was to no purpose, they being tried in Mid*
dlesex, where a jury of freeholders woa!d
quickly be found. Nor is it an argument tbat
no case of this challeuge at common law is
to be found in the bitoks ; for since tlie stataie
of Henry 5. to the time of queen Mary , it could
never be a case ; and from that time to this it
could ^ever be a case in felony : and the law
being so very plain that if the fact were wilh
the prisoner, it was always allowed, if against
the prisoner it was disallowed, not as not good
in point of law, but as not true in point of tact ;
therefore the challenge perhaps was not taken
notice of in the books, which only report diffi*
cnltles.
It Is irue, of late, and it is but^ofhite practice,
the whole transactions of a trial are published
for the benefit of the pubUsher, rather than for
the common gooil ; and that indeed was the
motive of publishing Fitzhorris^B trial signed
by Fra. Pemberton, aud of Colledge's triid
79r]
STATE TRIALS, 35 Chaeles
«igned bjr Fra. North, and'of my lordRoaselPs
signed by William Pritchard, mayor, and Col.
Kidn^'s trial signed by George Jefferies, and
Mr. (Jornish's trial signed by Thomas Jones.
And that is the reason why, since that Statute,
we find no<»se of siich a challenge in capital
matters, and before that statute the yearbooks
go but a little way.
It is enough there was no ^resolution that it
was not a goodchallenge, for it will be of the king'$
side to shew why that should not be a good clial-
lengein treason, which wabin mo^if not in
all other cases.
It is pretty to observe what steps were made
in Q'rer-ralin^ this challenge : some were of
opinion that it was no challenge in any case at
common law ; so said the attorney and solici-
tor general, the chief baron, justice Windham,
and boron Street. The chief Justice thought
it no challenge at common law in treason and
feiooyonly, but that the statute of Henry 5.
liiade it a challenge in treason, and felony : but
Vchether the statute of Henry 5 made it a
challenge in treason, the chief baron and
Justice Windham doubted. Justice Jones
tboogfat it no challenge at common law, in trea-
Justice Levinz would not determine whe-
ther it was a good challenge in any case at
Gonnnon law, but he and baron Street were
clearly of opinion it was not a good challenge
in I^ondon. The chief justice thought it a bu-
flMflspfffreat consequence, not only for the
priMHier,Butfor all other persons: baron Street
thought the judges had been very nice in the
Blatter, which, in the phrase of the law, is
girmg themsdves a great deal of trouble in a
matter very clear, or of no moment.
But though they differed in their reasons, yet
all agreed in this, and in this only, that tried he
should be, and that presently.
Then as for the custom of the city of Lon-
don, to try without freeholders, how did it ap-
pear to the judges that there fraa any such cus-
tom 7 Did th^ ever read of any such custom
in the city of London ? Nay, were not the sta-
tutes which were cited, where no freehold was
made no challenge in London in particular
cases, as so many express resolutions, that there
was no such custom m the city ? for if tibere had
been such custom, what need those statutes P
to which the judges never vouchsafed any an-
swer, because in truth they could make none.
But it was ol^ected, there was the resohition
in the ^ty of Worcester's case, which I agree
WBsofasgood authority, and of no better, than
the judgment in the principal matter of the Quo
Warranto. And it was likewise objected, there
would be a failure of justice in cities, if the
cfasUenge were good for want of freeholders.
ice
at eommon law, or by reason of somewhat which
hath happened of late times f there is none who
Wiendstoknow any thing of the history of
England, that will say, that heretofore the
«*« were not inhabited mostly by the
gen^y, and especially the city of London ;
ratify ftr hoary, partly for thiir seeurity. and
II. l6SS,^/ifrHigh Tiroion. [795
then there was no want of freeholders in the
cities ; but when matters became more quiet
and trade ipcreased, and made houses in the
dti€« more valuable, then were houses of equal
couvenience, and less price, situate in the sub-
urbsi or in the country ; gentry by degrees
parted with their houses hi the cities to trades-
men for profit, and removed them^lves to other
places. An<l I believe it may be remembered
that even the Strand, in the memory of man,
could have furnished the county ofjMfiddlesex
with a sufficient number of freeholders ; and
yet now, for the above reasons, you can hardly
find ajury of freeholders there.
Besides, it must be remembered, that London
heretofore had many of the kind's, palaces in'it»
and the country gentlemen did. not then, as
now, take up with lodgings, hut were inhabi-
tants of houses : and if the failure of justice
happen by the above means, I am sure it is
against the oath of the judges to supply that
defect with their resolution ; but it ought to ,
have been supplied by an act of the k»>istative
power.
If the necessity of the thing warrants the
jud^ent, how unlearned were the judg^
m Henry 7 and Henry S's times, that they did
not supply the defect in law in the city of
London, and other cities, by their resolutions ?
How vain were the parliaments in tliose times,
who supplied those defecU in law, men-
tinned in the acts cited by those statutes, which
were works of time and trouble, if they had
thought the judges, by their resol^utions, had
power to do it? For if^they had power to do
It, they could have done it extempore, as in
this case.
For the last objection, that the writ mention^
only Pro&w et LegaUs Uomine$, and speaks
nothing of freeholders ; Legates may be very
well interpreted, to imply men qualified by
^w ; but I take it, that Homines implies jt :
for by Homilies de Comitatu are meant free-
holders of that county ; and all others, ifi point
of trust, are not considered in law. My lord
Coke, in his comment upon the 28th of £tiz. 1 . '
cap. 8. which gives the election of sheriffs to
the people of the county where the sheriffwick
is not in fee, says, people there, means free*
holders of the county ; and Uie same is on-
derstood by writs to the counties to choosy
coroners, verdurers, and the like, though the
writ says, < per communitatem Comitatus, et
* de assensii Comitatus,*
And though the writs of Venire in dvit
matters, of late daysi mention what freehold
each juror shall have, yet that is by the statute
of the S5th of Henry 8, cap. 6. which expreasij
commands the wnt shall so express it, in afi
issues joined (in Westminster, to be tried be-
tween party and party ; before which time it ii
plain, the Venire^ even in ciril matters, did not
express any freehold, and that statute doth net
extend to issues joined on indictments.
Now if upon all which hath been nid, it is
not plain, that the challenge ought to have
beenaltoired, yet snre It was doubtful j and if
799] STAT& TIUAU* 35€!uauB9 II. Ifidd.^-Tria/ of WaUm Lmrd Rumlh [ftOO
M,'aiid a mitter of gseat cooaeqiiettoe, tm the
chie^ justice snid il was, wby might not tha
GfHiQsel fpr the firiioiier have oad a little more
time to have ooosidered of the challeoge be-
fore they had arfcoed it, or the judges have
taken a little time t04M>asider the matter before
they had given their judgment? I dare say,
none of them could remember any poeitive re-
flolutioiis one way or other, nor upon a sudden
was it expected they should ; and therefore,
ibr their own sakes, if not tor the prisoner's,
they mifitht haye taken tbeonorning, il'not the
day. The prisoner desired his trial to be put
otf, for to ba¥i< consideMd of it ; in that time,
perhaps, some of them might have remem-
nered, or otbeis mi^hthavc put them in mind
of thekresolydtiousin Fitzbarris's ease; they
mighl have coosidered how to distinguish be-
tween diat case and this, and not run away
with it, that tliat challenge was never made 'm
treason, os all the iud^ affirmed. But my
^ord ftosseii was toU Sy the Court, .that tliey
always tried the prisoner, in treason, the day
lie was arraigned, and could not put off tl>e
trial for a morniitf ^ without the attorney-ge-
necaPs consent. But surely that is not true ;
iPlunket and Fitxharris yf&ee tried the term
after they were aiTaif;ned9 tliough the attor-
ney-general opposed it It is true, he sub-
mitted to the rule, as it was as much his dut^
to do, as the prisoner's ; but if there be adif-
ftrence between an arraigfoment at Westmin-
ater and the CHd-Bailey, as to the speeding the
trial, the place will not vary the reason of the
thing, if there be not any law for it, as there
Is not; but even at the Oui- Bailey, tbe trial in
treason hath been put of to another sessions,
it was done in Whitehread's case, and in many
other cases. If it be said that was by the at-
tomcT-generars consent, I say, that makes
no dil&Knce ; for the judge is to be indiffer-
ent between the attorney -general and the pri-
soner. If the Court must order nothing i)ut
what the attorney assents to, why b net the
inisoner tried and adjudged by the attorney
alone f Or what needs all the formali^ of a
tria} f If it be said, that that trial was put off^
fieouise tihe kinr's witnesses weise not ready ;
f say^ there is me same reason to put ptf a
trial, hecau^ the prisoner's witnesses are not
ready, and that was the pretended, though
not the true reason of putting off Fitzharris's
trial to another teem, and there is no law to the
contrary.
It is totally in the discretion pf the judges
tojuitoffatnalj which discretipn ought tp be
flovemed by reason.
But indeed this was extraordinary, and
without any precedent : it can never be shewn
in .the jsasie pf the greatest or meanest pei-sons,
bemg accused l>f the greatest or least crime,
that ever the dday of a^day, mucli less of a
inondng, fo^ his trial, was denied^ where he
idiewedbut any colour for what he said, when
the sessions were to continue after the time be
desfared, as.in this case it did. Fitah^rris said
Jus wi^i«HW W0N in ^oU«s4i ^ H^it^^ he
iMuned no persons^ yet his trial was put off to
the Q«zt term ; my lord RusseQ said his wit-
nesses could not be in town till that night, yet
the respite till the next, day was denied: all
persons agreed, that there was some extra-
ordinary reason for it, and before tbe trial was
over, the riddle was out
My lord of Essex was killed, or to be killed
that morning ; as to this matter, it is not mate-
rial whether b^ his own or another's hand;
they were sensible the evidence acaiust my
lord RusseU was very defective, and that acci-
dent was to help it out ; but tbat would not
avail, unless it w^re a surprising matter upon
the jury : should the jury have had a day's, or
but a morning's time to consider of it, peaple
might have been talking with the jury, it
was very material to ask, « bat influenae that
accident would have on my lord Russell's
trial, whe^er it was any evidence against
him : they might have been told, what was
true, that no person killed, was in law sup-
posed to have killed himsell*, till a coroner's
inquest had sat upon the view of his body, ajid
found it so ; and if it had been so found, yst
even that had been no evidence against anotiwr,
because the coroner's inquest never found the
reason why a man killed himself; and if tbey
should find the reason, yet even that was no
evidence against another, because that other
was never caHed before the coroner's inquest
to make his defence. They might have tei9
told a great many circumstances of the InwH
bability of the killing himself ; they might
have observed tbat the king's counsel were so
far sensible, that it was no evidence against my
lord RusseU, that they never attempted t9
J trove the eacl of Essex watf dead, or killed
uroself : it was only slily i isinuated, toge^er
with the reason of it, which had its effect, if
the report be true of some of the jurymen's
saying, < it went further with them than all
* the evidence of the witnesses produced i'
and if that be true, there was a reason, though
not a just one, for speeding tbat trial beyond
the ordinary methods of trials at the Old-'
Bailey.
But though my lord Russell had aeeming^
less i'avoiv ia that matter than any other person,
•even than CoUedge, who had the respite of
two or thnee hours between his arrai^nmoit
and trial, (tliough that was not in fo.rourto
Colledge, but only to examine lus pauers
which they took from him) and instruct taeir
wimesses accordingly) yet kr other things ha
had more . favour or justice done ' him : hia
papers were not taken from him ; it was agreed
to he his right to use them without questiomiig
from whom bejiad them, what they wete^ or
the like, as in Colledge's case was done ; be
had a copy of the pannel of the JAUy» ev^
before his arraignment, gii^en him ^ and Ae
chief justice said it never Mas denied in case nf
life tliat he knew of, whioh was denied Cot-
ledge helQre he pleaded ; because then it wai
pretended there was no i^&ue ^ined^ till Plea
flead^ 9&fT which the Veiure js awarded i
hL
«Q1 J STATE TRIALS, 35 Gkaubs It iSn.'-far High Trtauml. [802
lAkoaA dl men kopw^ tba tbe tberiff sum- i agaiiiflt the indictdi, but he would swev th«
moned the jury before tte vraigiimeQt, ^<| indicted brought an action against hin> without
even after issue joined. Colledfj^e wm deni«>d
a copy of the pannel„ only he was told, he
ahoulJlook e?ery jiryman in the face before
he was sworn ; and as iar as the looks of a
man betray him, he should be satxslied whe-
ther he was honest or not, which is an iJI way
of judging; fori thuik the person (lord chief
justice North) that gavelfiat rule, would have
deceived any man by his countenance* who
had not known his practices.
But says the attorney -general (sir Robert
Sawyeri, in my lord Russell's case it was iiiat-
ter of favour, and not of risht, therefore no in-
justice to Colledge. 1 confess of all men, wlw
ever came to- the bar, he hath laid down the
most rules, which depend totally upon the au-
tboii^ofhis own saving: in CoIIetlge's case
he affinned, that the ting's witnesses ought not
to be kept out of the Jiearing of each other,
^'faen they gave their evidence (a method used
in civil mattei's, the reason of which is well
Iknown, and none can show any law or reason
^hv it should not be used iii capital matters),
wim as much reason and authority, as what is
«iow said.
First, I <|o affirm liierc is no authority inlaw^
which says a prisoner shall not have a oopy
of the pannel ; in the next place I affirm, tliat
^^r a jury struck in a civil matter, each party
ought Co have a copy of the pannel, in order to
provide himself ot a challenge, if there be any
cause. In the last place I affirm, that by bcw,
more favour is allowed a defendant in a capital
matter, to defend. himseU^ than in a cTvjf. And
if those propositions be true, let any person, if
be can, maKe4mt the law or reaaoo M the abov«
-assertions.
Ofahke stamp was the flaying* of the at-
torney, when my lord desired a cony of the
matter of fact laid ayainst hipa, that he had no-
tioe of it ; for questions were nut to him about
it» and he was with his krdfiliip himaelt^ and
^xaminad him upon those qiMstions, which
was a &? onr to him, that h« n^ght know whal
the vattei was he was aocoaod o£
I do not a^m that ever jit was praoli8e4> ta
|;ive the prisoner a note of the UkX to be giren
in efidence against hun, uroving treason, or
that it was ever denied IIU tfcan, nor do I know
of any law prQ or con in t)io case ; but if one
wotiMiud^ by reason orpraotiee in parallel
caseSyl thmk it ought not to be denied.
I knofT not at present of moieduui twoiMirts
of gene<l3 indietmenta, aod those are of treaaan
and bamtry; the last is a general hidictment,
for stirring up suits without reason, and with-
out mentioning «ny nuiin partieukr : and there-
ibre if by the role of the court the dsAndant was
not helped, whkh obliges the prasscutor to
(ire the dffrndent, some reasonable time be-
Sire the trial, a aete of what saits he intends to
g' ve in efidence against him, it wm impeosihle
rthe defendant to eecape» ifitbad bean his
misfortune to have had 4ve or six auit^.
. Fw I never yd caw n vitam |vodii«|[l
veuiJU
reason ; and yet I have oAeu seen, that tie in-
dicted havJDg had notice, that that wa^ one uf
the suits he was intended to be charged witb^
bath been able to prove that he had good, or at
Jeast probable cause of suit, wbi<'h he could not
have done if he had not notice. * And in treason,
for -desiiniing to kill the king, there have been
so many interpretations of facts tending that
way, that it is almost impossible tor an iooocent
to defend himself, unless he had noiice uf Uie
tact intended to be insisted on at the ii laL
There are ^et aomc expret^^uiiis which
mightily puzzle* nie: the king's^ couiisel said
in the argumeot^of the challenge, that lUey
would not havelhe point of beiugf ajar vniau^
though not a freeholder, lost to the city of J Lon-
don ) and one of the judges said, it was the ^ri"
vih'ges of the cit^ were struck at in that poui^t.
If bv those expressions be tneajit) that it is for
the bene6tof the public that there should be nu
fkilore of justice, I agree tu it ; but if it he
meant, that it is for ttie benefit of the citizeua
to be jurymen, I deny it : and I think nothing
shews it plainer, than that it is a privilege that
a citizen sha'l not be drawn out of the city toi
be a juryman ; that a nobleman shall not Lie ou
a jury ; that it is a matter of prerogative in the
king, and favour to a particular- person, to ^rant
a charter of exemption from being on a jury«^
8o that, if I consider the law, I know what is
meant by those expressions ; if I consider al-
lowed practice, it is true, a juryman may earn
his eightpence for a trial ; but tnat is too incon-
siderable pay for persons of substance, as the '
jurymen m this case were said to be, to be fond
of die employ, or to account it a privilege. Yet
even that was but in civil matters ; in criminal .
matters hot capital, the Jury ^Kere heretofore
paid if they acquittul the defendant, but not if
they found him guilty, though of lato it hatk
been practised to give them ruore, and treat
them higher if they convicted the defeudaut,
than ifthey ac^qnitted him: but in capital mat-
ters, as tfie case in question was, it was never
allowed, or at least owned, to pay the jury, h^
the verdict which way it woidul ^
Having spoken to the preliminanes, I pro->
ceed to the trial wherein colonel Rumsey waa
first produced: he said, he waa sent by my
\«A Shaftesbury about the eud of Octul!eC} or
beginning cf November ; who told hiio, he
should meet at one Sheppard's the duke of
Monmouth, lord Russell, lord Gra}-, sir Tho*-
mas Annstrong, and Mr. Fei^uson, to know of
them what re^ution they were come to ai)out
the rising at Taunton. Slieppard cai-ricd him
where they were, and answer was made, Mr.
Trenchard had failed them, and there would
be no more done in the matter at that time ;
thereopon the lord Shaileshury took a resolu-
tion to ne gone. Mr. Ferguson spoke most of
the message, an4 he thought the lord Gray
spoke sometlung to the same purpose ; he did
not know how oAen he had been at that house,
he was these mnrtthitt once, or eUe he hoarU
3F
«03] STATfi TRIALS, 35 CHARLKSllM683.~TrtVi/o//n//iflmLorif/tiittfB, [S04
Mr. Ferguson make 'a report of another meet-
ing to the lord Shaftesbury, my lord Russell
^as in the room, and that was all they said at
that time tliat he remembered, he was not there
above a quarter of an hour. There was some
discourse about seeing in what posture the
guards at the Mews and Sa?oy were in by all
the company, to know how to surprize them if
the rising bad gone on ; sir Thomas Armstrong
and Mr. Ferguson began, all debated it; he
thought the duke of Monmouth, the lord Gray,
and sir Thomas Armstrong were sent to view '
them ; the rising was appointed to be the 19th
of November; he was spoke tot by the lord
Shaftesbury to go to Bristol if the rising had
g6ne on, but in what quality ^^as not determin-
ed. The lord Russell agreetl to the debate.
Being asked if my lord Russell said any thing
(here, and what ; he answered, my lord Rus-
sell spoke about the rising at Taunton. Being
asked what my lord Russell said, he answered,
mv lord Russell discoursed of the rising. Being
asked if my lord gave hb consent to the rising,
he said he did.
_ The next witness was Mr. Sheppard, who
Mid, in October last, Mr. Ferguson came to
him in the duke of Monmouth's name, and de-
sired the conveniency of his house for himself
and some persons of quality, which he granted,
in the evening the duke of Monmouth, lord
Gray, lord {Eussell, sir Thomas Armstrong,
colonel Rumsey« and Mr. Ferguson came, not
all together, but the one after the other. Sir
Thomas Armstrong desired, that none of his
servants might come up, and that they might
be private ; so what they wantetl he went down
for, a bottle of wine, or so : the substance of the
discourse was, to surprize the king's guards ;
mnd in onler to it, the duke of Monmouth, the
lord Gray, and sir Thomas Armstrong, went
one night, as he remembered, to the Mews, or
tiiereabouts, to see the guards ; and the next
time they came to his house, he heard shr Tlio.
Bias Armstrong say, the guards viere very re-
miss in their places, and not like soldiers, and
fte thing was feasible if they had but sti*ength
to do it. He remembered but two meetings
there ; they came in the evening ; be neither
heani nor saw any coaches at bis door : when
<hcy eame in, as he remembered, the lord Uus-
feU was both times there ; he had no business
with the lord Russell, nor the lord Russell with
iiim at that time, but since he had. He did
ttOt remember colonel Rumsey discoursed the
lord Rassell about any private business, nor
remembered any farther discourse; he re-
membered no writings nor papers read at that
thne: apon recollection, he remembered one
paper read by Mr. Ferguson, in the nature of a
declaration, setting fortli the grievances of the
Ration, the particulars he could not tell ; it was
a pret^ laige paper, it was shewed for appro-
birtion, as he supposed, when to be set out was
not discoursed; it was shewed to sir Thomas
Armstrong, and, as he rehiembercd, the duke
ot* Monmouth was present, and bethought co-
Wael Riunsey was pvesenL C(^iiel Rumsey
said, .be was not present, it was done before be
came. Mr. Sheppard went on and nid, the
design of the pajier was in order to a risinff, as
he supposed by the purport of if ; he would not
say the lord UusscU was there when that paper
was read, but he was there when the talk was
about seizing the guards ; he could not be po-
sitive as to the times of. diose meetings, but it
was when the lord Shaftesbury was abseut from
his house, he absented about Micbaelmas-day ;
he could not be positlvo that my lord Russell
was at both meetings ; be thought he was at
both, he was sure he was at one.
The last witness was the lord Howard. He
said be brought captain Walcot acquainted with
the lord Shaftesbury ; and upon his accouot
captain Walcot soon gained a confidence with
lora Shaftesbury, ^falcottold him, the peo-
ple were sensible i^U their interests were goings
to be lost by the violence offered to the city in
the election of sheriffs^ and that they were re-
solved to take some course to put a stop to it :
that there were several meetings about it, and
some persons b^fan to prepare to act ; that
some h^d^ood houses, and kept them in private
stables, and he resolved to be one in it : be
havii^ an estate in Ireland, he dispatched his
son thither, and ordered his son to turn his
stock into money ; the son went about August :
that the 30th of September, Walcot dined
with him ; told him, that tlie lord Shaftesbuty
was secreted, and desired to speak with him :
Walcot bt-ought him to the lord Shi^ftesburyy
who complained of the duko of Monmouth
and the lord Russell for deserting him ; but
there was such preparation made in London,
that now he was able to do it of himself, and
intended to do it suddenly; he had a^ve
10,000 bri^ boys ready to folkiw him when he
held up his finger, they would possess them-
selves of the gates, aha in twenty -tour hours
they would multiply to five times tlie number
and would be able fo jiossess Whitehall by
beating the guards. The lord Howard went to
the duke of Blonmouth, told him the lord
Shaftesbury's complaint, who said, the lord
Russell and he tola the lord Shaftiesbury ftom
the beginning, that there was nothing to be
done by tbeni in the country at that time. The
matter of the discojurse between him and the
duke of Monmouth, him and the lord Shaftes-
bury, and him and Walcot, is tod tedious to re-
late, and as little t6 the purpoSi^; if the Jury
had understood mattir of law; iihich they did
not in it he takes care to siiew what con-
fidence uiy lord Shaftesbury had in him, noore
than in the duke of Monmonth or the lord
Russell ; liow very cautious he was, and how
precipitate the loiti Shaftesbury ^i-as, and that
what he told the duke of Monmouth, the duke
told the lord Russell ; and he beard the lord
Russell had been with the lord Shaftesbury, and
put oif tbe intended rising. ' At which the lord
Kussell interrupted him, and said, be thought
he had very hard measure, there was a great
deal of evidence given by hear -say only.
Whsreupoa the chRi'-josuce si^ it w^s no-
«a5] STATfi TRIALS, $4 Chablks II. l683.—/<>r High Tream.
ihingp against tlie prisoner; he deplared
i^
*««juryi but the attorney-general bid the lord
Howard go on in the method of time, and that'
it was nothing against the prisoner, but the
witnesses were coming to it, if his lordship
would have patience, he assured him so. The
lord Howard went on where he left off ; with
a story between him and Walcot of an intended
rinng, and of some dark sayings let fall by
Walcot and the lord Gray, importing a desit^n
upon the king's person ; but the lord Howaid
-was very careful to put all off, but at last it
was resolred to rise on the 17th of November :
buttheloi'd Howard fearing it had been dis-
covered, because he saw a proclamation a littJe
before, Airbiddiofir bonfires without the liOrd
Mayor's leave, that of the 17th of November
was also disappointed, and the lord Shaftesbury
went away aud died.. But considering they
bad firone so far that it was not safe to retreat
and ukewise that so great an affair as that,
consisting of such innnite particulars, was to
be managed with so much finesse, they erected
a cabal of six persons, the duke of Monmouth,
lord of Essex, lord Russell, Mr. Hampden,
Algernon Sidney, and himself^ about the mid-
dle of Januan' last : and about that time they
met at Mr. Iiampden's house, where it was
considered whether the insurrection should be
in London, or in a place distant ; what coun-
tries and towns were fittest and most disposed
to action ; what arms necessary to be provided,
bow to raise twenty-five or thirty thousand
pounds, and how they might so order it as to
draw Scotland into a consent with them.
About ten days after they met at the lord
RussclPs house, and resolved to send tome
persons into Scotland to the lord Argyle to in-
vite some persons hither *to give an account of
that kingdom ; the persons to be invited were
sir John Cockram, lord Melvil, Sir Gamp-
bell ; that matter was referred to Col. Sidney,
who told him he had sent Aaron Smith ; they
agreed not to meet again till the return of the
messenger. The messenger was gone about a
month ; it was six \i eeks or more before he re-
tamed ; and then his lordship was forced to go
into Essex, where he had a small concern ; there
be staid three weeks, and when he returned, he
was informed sir John Cockram was come to
town, and afterwards be was forced to go to
the Bath, where he spent five weeks ; and
from that time to this was five weeks, all which
time was a parenthesis to him ; and that he and
tbe five mentioned erected themselves by mu-
tual agreement into that society.
Atterbury swore Campbell was in bis custody ;
liieD cok>nel Rumsey was asked whether my
lord Russell beard him when he delivered bis
message to tbe company, and in what place of
tbe room the company were ? Who answered
that when be came. in, they were standing by
tbe fire side, but all came from thence to near
bim ; and when my lord Russell said colonel
Rumsev was there when be came in, Rumsey
Mid, No, tbe duke of Monmouth and lord
ZtiiMeQ went away together.
Then in behalf of my lord Russell, the ^rl
of iinglesey was exammed, who said, that vi-
siting the earl of Bedford, the lord Howard
came in, and told the earl of Bedford, that his
son could not be in such a plot, or suspected of
it, and that he knew notmnc against the lord
RusseU, or any body else, owiucb a barbarous
design : and he was going on again with what
the lady Chaworth had told him, but was in-
terrupted by the king's counsel, telling bim, as
the court would not permit them to give* hear '-
say in evidence ajg^inst the prisoner, so Ukey
must not -permit his lordship to give hear-say
in evidence for the prisoner.
Mr. Howard said, that the lord Howard took
it upon his honour, and his faith, he knew no-
thing of any person concerned in that business,
and not only thought my lord Russell unjustly
su^ered, but he to<3t God' and man to witness, he
thought my lord Russell the worthiest man ia
the world.
Dr. Burnet said, the lord Howard was with
bim and he. did then, as he had done befdre,
with hands and eyes lift up to heaven, de-
clare, he knew nothing of any plot, nor her
lieved any, and treated it with great scom and
contempt.
The lord Cavendish testified as to tbelif^
and conversation of the lord Russell, and tlienc^
concluded, it was hot likely he should be guiltr
of any such matter, and heard tbe lord Russell
speak of Rumsey, as if he l^ an ill opinion
of him, and therefore it was not likely he
should trust him. Dr. Tiilotson spoke of bis
conversation ; Dr. Burnet and Dr. Cox spoke
of his conversation and of his averseness to all
risings. Dr. Cox testified, that my lord Rus-
sell said the lord Howard was a man of luxuri-
ant parts, but be bad the luck not to be trusted
by any party. The duke of Somerset spoke
of the lord Russell's conversation. The lord
Clifford, Mr. Leveson Gower, Mr. Spencer,
and Dr. Fitzwilliams spoke of the lonl Rus-
sell's conversation. The lord Howard being
asked by the Jury what he said to the earl of
Anglesev's evidence, owned what the earl said,
but he did it to outface the matter ; and if he
said untrue, he ought not to he believed on bif
oath, and insinuated, that he meant what be
said to be meant of a design of murdering the
king, which he did not believe the duke of
Monmouth or the lord Russell guilty of.
This being the stun of the evidence given
against, or for my lord RusseD, let us consider
how far it will justify tbe verdict given against
him : first, consider tbe improbability of Rum-
se3r''s evidence, if my lord Cavendish said true,
that he should trust Uamsey to bear tbe debate
about seizing the guards, when the lord Russell
had an ill opinion of Rumsey, As for Rum-
sey's delivering the message, there was no
great matter in that, it is impossible to binder
people's speaking, and it is not treason to con-
ceal what's said ; bendes, it was well known, it
was Rumsey's way to talk extravagantly, in
order to accuse those that heard bun, if they
did not discover it But besides tbe improba-
STATE TRFALS, S5 Charms A* l<»S^fWrf^miS«» l»riRnB9eU,[m
»f Ae evid-^ce hi re«p«ct of theperBon,
ioner of delivering tbe eridencc, and the
ce itself was soch as carried no cetoar of
vith it: he said he delivered his message
d an answer to it ; and bcinff asked what
ii any said further, answered, that was all
as said at that time, that he remembered,
res a very good reason for it, for he staid
>vc a quarter of an hour ; and added,^Bt
; not certain whether he then heard some-
of a declaration there, or whether Mr.
son reported it to my lord Shafterfiary,
ey had deliated it : and Y^t when Sbep-
lid Rumsey was there when the declara-
\s read, he denied' U, and said it was read
he came in. Beingr asked to what the
ition tended, he answered to another
, nz. that there was some discourse ahont
what posture the ffiiards were in, and
sat all the company debated it; and being
on by questions^ i»aid, it was in order to
lie guards, if the rising had gone on.
low^doth that part of the evidence agree
hat he said before, that there was nothing
aid than the delivering bis message, and
iswer t« it? And how doth 'it agree
le time he said he staid, which was not
I quarter of an honr ? Whereas that de-
■ all the persons present (being six) de-
t, as he said they did, would certainly
taken up a larger time. How does
^ and last part of his evidctice agree,
he said, my lord Rassell agreed to the
r of his message ? And being: asked whc-
nd what he spoke to it, said, he spoke
the risings at l^ufiton, but doth not say
and yet m the first part of his evidence,
(!, when asked who sent the message
Mr. Ferguson delivered the answer, toe
f Monmouth and the lord Russell were
t, and he thought the lord Grey said
ling to the same purpose. But what
could be given to any patt of a man's
ce, whose memory was so shallow, tiiat
Id not remember whether he %vas at two
ffs, or whether Mr. Ferguson related
them to the lord Shaftebury ? Yet both
nipposed to be witliin the compass of «
vhereas a man of sense is supposed to
ber all his own acts for seven years past,
is the reason why the chancery obliges
to answer as to nis own acts positively
en years, without saying, as he be-
, or as he remembereth, or the like,
credit is to be jfiven to a witness who
th what was said in company, and' by
when his memory doth not serve to an-
►ositively whether he was in the com-
or whether anothei told him what was
>aid ? He miafht as well have said he
pre, or dreamt he was there, or that he
he discourse, or dreamt of it, which had
equal credit with it.
AS plain the man was not of sane me-
nough to make a will, much less to be
«s in the trial of a man's life ; and no-
an be said ibr him, but that he was a
witnesB for the king, ftnJb is io say^ a madma
may be *a witness to tajce away a man's lif^,
which is as good Isw as a gjeat deal of other
cant rented as a part oTthe prerogative.'
It is true, one of the king's counsel recom-
mends Rtimsey to the jury, as a rerr credible
witness, under the notion of an unwillmg wit-
ness: but had the same person been a counsel
for the prisoner, he would have iuilled Ramsey
a dancmg witness, for he said backward and
forwards ; and an amazed witness, for being
asked one thing, he answered another ; being
asked as to the declaration, he answered to tli^
seizing of the guards ; being asked whether
ray lord Russell assented to the answer of tbe
nvessage, he replied. Yes, because "he talked of
the risTog, &c. which m%ht be as well against
to for it.
Sheppard's evidence was to the design of
seizing the guards ; and as to the declaration,,
he i-emembered but two meetings, at botli
which he said, as he ren^embered, my lord
Russell was present, but he could not beposi-
tiye in that, and the times of the meetings b«
did not remember : he said, tbe substance of tbe
discourse was, how to surprize the king's
guards ; and tbe duke of Monmouth, tbe lonl
Grey, and sir Thomas Aroistroag went to see
the guards, as he remembered : and tbe neil
time they came to the house, sir Thomas Arm-
strong said the guards were veiy remiss, &c.
Tftking this evidence by itself, wilhoBt tackti^
Rumsey 's evidence to it, it was so far from
being evidence of treason, that it was no crime;
for he doth not sav, it was intended to be put
injpractke, uotwfthstanding all said by him:
botn tbe discourses and persons Tiewmg tbe
guards, (which last was not evidence, nor ongiit
to have been given in evidence) might be a
matter to try each other's Ju^msnls, as welt
as an evidence of a thing designed: arid if it be
cajiaWe oftwo iftterprelations, tiie Uw' b«tb
iaid, tt sMl be taken m mitiore smsu^ b favour
of life. *rhtX aistincttOD was taken by the
chief justicerin.'Blagoe's case, theday«fterhis
trial, where the evidence against mm was a
disoonrae about taking the Tower, as high a
crime as seizing the guards; and iwontbat
Btagne was acquittdd. It is true, fottcfey
said it was in order to be ptit in practioe,
when the rising should be in the eouAtry ; but
that he did not say atibrst,:bttt was afwwarff
led to itty questions: nor did he speakitasa
thm^ at that or any other tinae determiDad, but
as his own surmise or guesa, because he kaew
of an intended rising; yet how fbolisMy *Ji^ ^
contradict hnnsdf? For, says Ramsey, it^
to have been put in practice if the uileadW
rising had gone on ; itod jH at die same met-
ing he had said before, 4e rising was put off:
how contradictory therefore is it to say tbey
made preparations for a ihmg they had W
aside before ? And it is plab Sbeppard sp^***
of the same time ; for both agree Rvmttf
was at that meeting, though di^ do a^
agree how soon he came: besides, how <»a»»
Sheppard speak positivdy 'of the disooarse, o^
809] ^AtE TAtALS, SB Ch4KLBs H. f 6t9.T-/4r £B^ TrarMH.
fWOi
of the desij^ of 'H, when be owns lie ilid not
hear all the discourse, and giyen a very, gpood
reanon for itP For be md he went sereml
times down to fetch wine, su^r, and nutmefp,
and did not knew what was i^aid in his absence:
be said he heard nothing abont a lising, nor
heard any further discourse ; but on recollec-
tion, he heard something about a declaration
«f ^evances in order to a rising*, as lie sup-
posed ; the particulars he could not tell. Now
what sort of evidence was that ? in ail civil
matters, a witness shall not be pprmitted to
«ive evidence of* the content of a de«l or writ-
ing', without producinjEi: the deed or writing
itself, or a true copy of it, and upon very good
reaaoii ; for he may make an nntrue construc-
tion of it. I remember a witness who swore to
the content of adeed nfintait ; and being asked,
whether he knew a deed of intsAl, and by wiiat
be knew the deed he spoke of to be a deed of
intail ? answered he knew a tailed deed very
well, and he knew the deed to be a tailed deed,
because it bad a tail half as long as his arm,
meaning the label of the deed. And if this be
the practice and the reason of the practice, in
ei^il matters, shew me any authority or reason
anr thing should be permitted to be given in
evidence in treason, which is not permitted to
be given in evidence, in the trial of any civil
matter.
ff^onsay as justice Levinzsaid in a like
ease m Colledge's tnal, that it would be the
difficultest thinf? in the world to prove treason
' against a man, if the law were not so, and the
king would in no sort be safe; en the other
hand, I say as Colledge there said, if the law
•hould be so, no private person is safe : and if
there be mischief of either hand, the law is and
most be judge, which hath taken oare (though
Id no purpose, because it hath not been <%-
served) that there shoidd be a stricter proof in
treason than in any civil matter, of in any other
crime : and how ^e jndges eameto permit that
loose evidence in treason to be given, which of
late years they have done, no just or honest ac-
' count can be given.
The last material witness against my lord
RnasellfWasmy lord Howard,(a8 for Attenrarlr's
-evidence, it ought not lo have been pemiited to
be given, as shall be shewn, nor was it material)
to no part^f whose evidence any credit ought
to be given, even by his own etofession : he
was surely in the right, when he said that the
religion of an oath is not tied to a place ; and I
will add, not to a form, but. receives its obliga-
tion from the appeal therein made to God : and
therefore if he said (though I own he was not
bound to say it) to the earl of Bedford, Mr.
Howard, and Dr. Burnet, what waste^stified
agamst him, he ought not to be believed io any
part of his evidence. Did he say true to my
lord Bedford, when unsent for and unasked,
yet be tcnew, If he swore true, that my lord
Russell was guiKy of such a barbarous design :
thet nothing but the lord Howard*s doty Ut
God, the kingt and the country, could prevail
Mith him to give it in evidence against a person
for whom he had so great an affection as he
had for my lord Russell. How was it con-
sistert with the truth of his evidence what be
said to Mr. Howard, that he knew nothing of
any. man's bding concerned in that busmess,
and |)articularly of my lord Ross^, whom
he highly commemled and ^aid, he tbonght
the lord Russell unjustly sniTereid ; -or widi
what he said, to Dr. Bpmet with hands
and eyes lift up to heaven, which is as much
an ap(ieal to God as may be, that he knew no -
' thing t)f any plot, nor believed any ? It was an
idle evasion to say, when he spoke of my lord
Russell, he meant my lord Russell was not guilty
of the design of murdering the king*, (for whicn
that man, as he said, was committed, meaning
Walcot, the lord Russell, or any other nersoi^
for he is still at liberty to explain himself, and X
am apt to think they were all committed by
warrants of the same form. T ^luow not how
dextrous he is at paring an apple, bnt he ma«t
be an excellent logician that can reconcile tbft
truth of bis evidence and saying. The tru^
is, a man that has those niceties in his head
ought to have no credit ; for no man knovrs
whether he understands what he says aright^
and I am apt tothinkhis lordship couM shew,
thet he did not intend what he said at my lor<£
Russell's trial in the sense it was understood by
the court or the jury . To say, that be was to
ont-face the thing for himself and his party. •
was as vain ; (for besidesthat 1 think he waft
of no party, because, as my lord Rossell
said, he had the Hick to be trusted by none)
where was the sense of making those prates^
tatioHs to persons who oouM£ him no good^
and wonia do hhn do harm, both which my loiid
Pembertoncottkl ; andthereforett wasootaKkef
Itistrtie,the8ttoniey-general commends the
lord Howardas a person of greatcredit amongst
the party, «nd insinuates the lord Grey waa
left out ofthe cabal for his immorality, and the
k>rd Howard -vras taken in his {dace. But to
pass fnm the general of his evidence to the
partictdars of it, for aboat two leaves in the
priot of it ; it is a diaoourse between my lotkl
ohaAsbnry and him, wherein be makes my
lord' Shaftsbury have a wonderful eonftdenoe in
him, and discovers all the design to him, and
wliat mimber4»f men he had at command ; but
who they were or what they were, was never
yet discovered, *and>yet the lord H/swapd had
not.at that time been concemed in thedoatter,
nor did then assent: iie very prudently nma
resolved to seevwhether it was likely to take
effect or not, before he would oiter on it. It
was indeed' a matter, of great wonder to these
(for aiight appears after my lord Rossell was who .knew my lord Shafbbury, and knew
clapt into the Tower) that sure his son ooald what opinion he bad of the lord Howard from
never be in any such plot as tliat, or suspeeted
for it, and that he knew' nothing against him, or
•oy body else, of tach a barbarous design ? and
the time he discovered that the lord Howatd
frequented the duchess of Portsmoijith, whkdi
was before FiUharris's trial, (though after that
Wl] STATE TRlALS/d5CHAatss 11. i6a3.— IHtff^TfTfluoiLoril^iitwtf, tS»*
trial the matter was publicly owned, which was
before suspected by inoiBt knowD to the lord
Shafisbury) thut he should so readily trust the
lord Howard with the secret, who was uncon-
eeraed in the management before, as he says
himself, and yet secreted himself from the duke
of MoniQOuth and my lord Russell, \^ bo were
equally guilty, if what was sworn was true.
I cannot but obserTe, tbjit in all the time of
the lord ShaiUbury, the^ lord Howard was no
otherwise concerned in the pretended design,
but in raising difficulties, and l^eing iu great
tear lest there should be a risinnr or an attempt
upon the king's person : and if he said true,
he was tbe man that put off the intended
risingSy and likewise the intended design on the
kinsr's person : insomuch,. that T think he was
80 iV nrom standiuo^ in need of a pai'don ibr
.treason, that he ^served a consiuerable re-
ward, if it were for nothing else than for^is
. fearing the design was discovered by the pro-
. clamation against bonfires, whicli, as he said,
nut o£f the rising intended to be the 17th of
November; and yet he and othei-s being alraid,
. the middle of January they .erected themselves^
into a cabal of six persons, of which diere is
. but one person in all his narrative he pretends
to have spoken to about that matter before,
which is the duke of Monmouth, and but one
. more he pretends even by hearsay to he con-
cerned in it before, which is my jord Russell.
' How improbable therefore was it, that those
six. persons should, as it were in sight, put
tliemselves upon such a dangerous design,
.especiadiv considering the reason he gives
for it, which was- their fears, that what had
been transacted was, or noight be discovered ?
This likewise is observable, that from the 30th
of September, the time the sboiffs entered
upon their office, to the 17th of November
following, he is very exact as to the time of
each matter, when there was no per^n could
•contradict him ; for my lord Shaftesbury was
dead, Walcot was convicted, and the duke of
Monmouth was gone, who are all the persons
mentioned to be concerned in that time: yet
. when he comes to sped& of the matter in which
my lord Russell was concerned, then he says
it was about the middle of January, about ten
daysa^er, about six weeks after, about three
weeks, and five weeks ; for had he been precise
in the times, he might have been disproved in
the meetings he gave evidence of : and it was
much his memory was so very pwd as to
former tim^, to be so very precuie in them as
he was, and so very defective m the latter times i
and yet those times do not make u^ the space of
between the middle of- January and the time
the trial, by many weeks, unless you will give
large allowances to the word * iJiout ;' an excep-
tion which was taken to Mowbray's evidence,
though lie rectified it by his account in bis
almanac ; but it would nnt be admitiud, though
CoUedge very sensibly desired of the court,
for justice sake, to look on the almanac, to see
whether it was newly writ, as if done for that
purpose.
Besides, the improbability if such a tlung
was in hand, as the lord tioward pretended,
for him to run into the country, and then to tbe
Bath, when the matter was just come to a
ciisLs, as it were, shews him, if he swore
true, rather a madman than a traitor.
But the usage of tbe king's counsel and the
court towards the prisoner was very unjust
and unfair; tliey permitted my lord Howard
to go on with a long story of him and my lord
Shaftshury, at which, when my lord Russell
took exceptions, the ciiief justice, it is true,
said it was no evidence; yet the attomey-
gcneral bidding him go on in the method of
time, he went on whei% he left eflf, intemaixing
stories of designs, and of attempts by other
persons upon the king's person, to exasperate
the jury, as my lord Russdl said rightly,
against him ; a thing which no counsel dnrsl
iiave done, and no court would have suDered
in any other case, nor even in that would the
court or counsel sufier it for the |«isoner.
How was my lord Anglesey checked when he
began to tell what my lady Chaivorth said,
and Mr. Edward Hoi^ard when he did not
speak of his own knowledge ! How unjust was
it for the king's counsel to repeat all the evi-
dence the lord Howard ^ve, when they ^uro^
med it up, even that which the court told them
before was not evidence ! How unjust was tb*
insinuating of the death of mv lord of Essex,
as evidence against my lordi Russell! And
why did not the oourt in summing up the evi-
dence take notice of the Uberty the w^essei
and counsel had taken, and have told them
what was not evidence ? No other reason can
be given than what Colledge said at his triad
upon his observation of Fitzharris's business and
his Own, that the matter was not to stop at hioi.
BESIDES the preceding Tracts, it seems
from the Biographia BritShnica, article Rus-
sell, that there were published concerning lord
RusselPs trial, '* Ammadversions on the late
Speech and Confession of t|ie late William lord
Russell ;'* and also *' Considerations upon a
{irinted sheet, intitled, The Speech' of the late
ord Russell to the Sherifis, together with the
Paper deiirered by him to Uiem at the place of
EXtOition, July 2Ut, 1683." It is said that
the writer of this was the wdl known Roger
L'Estrange, and that Tillotson's Letter to lord
Russdl was annexed to it. This Letter,
upon the unlawfulness of resistance, is also
printed by Harris, in bis Life of Charle!» the
Second, p. 5254, from Birch's Life of Tillotson,
(p. 109 j, in which work are mentioned some
particulars of lord Russell's tenaci^ of his
opmion respecting that matter, 'nllotson's*
Letter is a short and meagre petformancei
S13]
STATE TRIALS, 35 Charles II. 1 683— /or High Treason.
[S14
Of its likelihood to oooTert lord Rossell, the
reader shall bare an opportunity to judge for
himself. Tlie liOiter is as follows :
^' My lord ;' I was heartily glad to see your
lordship this morning, in that calm and devout
temper at receiving the sacrament. But peace
of mind, unless it he well g^nnded, will avail
little, and because transient discourse many
times hath little effect, for want of tirae to
weigli and consider it ; therefore, in tender
compassion of your lordship's case, and from
all the good wilf that one man can bear to ano-
ther, I do hum5ly offer to your lordship's de-
liberate thouj^hts these following considera-
tions concerning the point of resistance, if
our religion and rights should be invaded,
as your lordship puts the case ; concerning
which, I understand, by Dr. Burnet, that
your lordship had once received satisfac-
tion, and am sorry to find a change. First ;
that the Christian Religion doth plainly forbid
the resbtance of authority. Secondly, that
though our relieion be established ny law
(which your lordship ai^es as a difierence
between our case and that of the Primitive
Christians) ; yet, in the same bw which esta-
blisAics our religion, it is declared, that it is not
lawful, upon any pretence whatsoever, to take
up arms, &c. Besides- that, there is a pai*ti-
cular law, declaring ihe power of the militiaf to
be solely in the king. And this ties the hands
of subjects, though the law of nature and the
general rules of scripture had left us at liberty :
which, I believe, they do not ; because the go-
vernment and peace of human society could
not well subsist upon these terms. Thirdly ;
your lordship's opinion is contrary to the de-
clared doctrine of all Protestant Chiirches.
And, thpu^h some particular persons have
thought otherwise, yet they have been con-
tradicted herein, and condemned for it,' by the
generality of Protestants. My end in this is,
to convince yonr lordship, that you are in a
▼cry great and dangerous mistake: and being
8o convinced, that, which was before a sin of
ignorance will appear of a much more heinous
nature, as iu tlie truth it is, and call for a very
imrtlcular and deep repentance ; which if your
lordship sincerely exei'cise upon the sight of
your error, by a penitent acknowledgment of
it to ^od and men ; you will not only obtain
foi^veness of God, but prevent a mighty
scandal to the Reformed Religion. I am very
lotli to give your lordship any disquiet in the
distress you are in, which I commisserate from
my heart ; but am much more concerned, that
you do not leave the world in a delusion and
nice peace, to the hindrance of your eternal
happiness. 1 heartily pray for you ; and be-
seech your lordship to believe that I am, with
the greatest sincerity and compassion in the
world, your lordship^s, &c.
" John Tillotbon.*'
To this Letter^ Harris has subjoined some
remarks made upon it by Johnson, the author
4jf J ulian, in his ondinary caustic manner. He
tfts also added quotations from other authors
upon the subject, which called forth the re-
monstrances and exhortations of 'Illlotson.
In the Introduction to the publicatioii of lady
Rachel Russell's Letters, ed. 1799, sodiething
more on the topic is coliecied. In the year
1690, Tillotson consulted lady Rachel Russell
as to his acceptance of the archbishopric of
Canterbury, which he tells her king William
pressed much upon him contrary -to his own
wishe^. The lady answers, " The time seem9
to be come that yon must put anevr in practice
that submission you have both so powerfully
tried yourself and instructed others to." . See
also as to Non-resistance, a curious anecdote
inserted (as printed by I>a}rympie from lord
Dartmouth's MS. Notes on Burnet) in a Note
to the carl of Argyle's Case, vol. 8, p. 1016»
of this Collection.
It has been said that Barillon returned to
France from his embassy in £ng^nd very
wealthy. This may countenance the conjec-
ture that he had appropriated to himself momea
which, in his accounts, he had charged as dis-
bursed to others.
Burnet (Own Times, vol. 1, p. 638, ed. of
irsi) tells us, « that when Mr. Charteris, the
divine, came by Argyle's desh« to attend him
previously to his execution, that lord told him
lie was satisfied in conscience with the lawful-
nejss of what he had done, and therefore de-
sired he would not disturb him with any dis-
course on that subject : the other, after he had
told him his sense of the matter, complied easily
with this; so all that remained was to prepare
him to die."
The following particulars I transcribe from
the Biogmphia (article Russell) where thej
are inserted upon the authority, as it appears, of
Birch's Life of Tillotson:
" This divine (Dr. Burnet) telte us, that being
sent for by his lordship, on Monday July 16,
1683, he thought by tne ground which he had
grained, in discoursing on the subject of resist-
ance, it would be easy to persuade his lordship,
that it was absolutelyuulawful ; though indeed
his lordship went no further at first, than he
did at last. However, the doctor thinking that
step which his lordship had made, gave further
hopes, told the dean [Tillotson] that he be-^
lieved his lordship was convinced of that point*
Lord Russell persisting in his former opiDion,
notwithstanding the endeavours of the deta
and doctor to alter it, added to the speech he
was comp<»inff, the following passage, not
now extant, in me printed copy, ' For my part
* I cannot deny, but I have been of opinion,
* that a tree nation, hke this, might defend their
* re igion and liberties, when invaded and taken
< from them, though under pretence and colour
* of law. But some eminent and worthy di-
* vines, who have had the charity to be often
' with me, and whom I value and esteem to a
* very great degree, have offered me weighty
< reasons to persuade me, that iaith and pa-
^ tience ar^ tne proper ways for the preierva-
«15] STATE TRIALS, il$ CHAtttES 11. l683.— Trifl7^m/Zk»{^d^*«ef/. [8l6
* ti«n of religion; and the method of the gos-
< pel is to suifer pei*secutioD, radier than to use
* r<fsistance. But if I have sinned in this, I
« hope God will not lay it to my chaiigv, since
< h^ knows it was •nl? a sin of ignorance.'
This being read to tl^ Jean, on Friday monif-
ing* July the aotfa,. life was aon^ to find itso
ikdective; but ilot haring then, leisure to speak
to loni RuBssU of it, he returned in tlio dler-
noeii^ aM4 pressed his lordship to delsser him-
self move ftdly iit that matter, and gavo him
a^paper coneeming it; «id as he came est,
meeting Dr. Burnet, ^desired him to uife the
point liome to hie tofdship, and citbectocanr
&m IhvtiMr, or strike out the whole paragraim
abete-dtadv since the conclnston oTitwao ao
cold; and wished that the Ant pail of it migiit
f>o quite 1^ out. The doctor^ accordiitfly,
^isoourstng lord Russell again upon the amnr,
his fordshiif anawerad, that be eonld nst sasy a
lie, and he waa sure liie doctsr uwdd not de-
sire it, and he was soro if he went further, he
i*«t needs lie. He mid^ that ho had not lei-
smo now to study pelKtMs; that the notion
which he had of the laws, and «f iie "Sigiiah
government, was diierent from that of the two
divines ; vet he said, so far did he submit to
them, ana to tiie reasons which they had of-
fered him, thatke was willing to go so far as
lie bad done, but he could not go farther with-
out being Asingenuous. And when at last the
doctor proposed the suppressing of the whole
pen^fraph, he was very well satisfied; and
said, that his cbief reason for putting it in, was
to prevent any inconveniency that might arise
to them. So it was struck out. But he said
often, that whatever his opinion might be, in
cases of extremity, he was against these ways ;
and ever thought a parliaaientary cure wao the
proper i^medy fur all the distempers of the na.
tion ; and soid, that ho and a few more, (I
think he said half a dozen, or half a score,) had
taken much pains to moderate people's heats,
for three years together, and' had ever per-
suaded their friends to be quiet, and wait for a
parFiament."
See, too, Mr. Fox's account of what passed
between the duke of Monmouth and Turner,
Kenn, Hooper and Tennison, during their at-
tendance to prepare him for his execution.
Note ; it apnears from the Biographia that the
whole of Burnet's Journal is printed in the
G^eral Dictionary.
E^awi, in te third edition «f his History,
vol* f , p. 1095, says :
<< jSince the first e^tion of this volume, I
obtained a narrative from a great man, taken
from archbishop Tillotson's own mouth, which '.
I bought best to be placed by itsetfl It informs
us, That about two days before the lord Rua-
oefTs death, Dr. TiOotaon going to attend upon
that onfcrtunato k«d, wao suddenly stopt by
Dr. Burnet in the street, "who told hira < They
* had now some good hope of saving his kini •
* ship's life: The main unnediment of which
^ being his awo\i«d priafiiple^ Thnt
* "was in some cases lawful, he had convioceU
< that lord of his mistake, and that he was
* ready to own his error in it. Therefore he
* desired Dr. Tillotson to go immedialel}' to
' die lord HaliiaxaDd acquaint him with it ;
'who would thereupon go again to tbo
' king, and use his utmost endeavours to
* obtain his pardon.* This being pressed with
some warmth and vehenacnoe, Dr. Tillotsoa
went accordingly, and delivered his message to
the lord Halirax. Bnt calling upon the lord
Rnssel! in Newgate upon his return, he was
very much surprised and troubled to find that
his lordship was under no such conviction aa
Dr. Burnet %ad hastily believed, and reported
him to be
** Dr. Tillotson, vered and uneasy at what
be had dbne» and willing to clear himself of it
after the best manner, resolved the next day to
try what he could do to bnng bis lordship la
some change in his opinion. But it beiugr the
last day before his appointed execution, and nut
knowing whether he should be able to see him
alone, he wrote the letter, which was soon after
print^ ; and took it to his pocket ; resolvii^ if
ne conld not discourse with him, to desire bim
to read, and oonsidet the letter he should give
to him.
** He found his lordship alone, told him
what he had done, and gave the letter to bim,
who read it with great deliberation ; and ac-
knowledged to him, ' That he had diereio
oifAred more to. convince him^ than he had
ever met with before : That be was now sa-
tisfied nothing but a case of a very extraordi-
nary nature could justify subjecto in taking
up arms against their prince : That he was
fiilly of opmion no such cause had been g[iven
by the king, to justify any such attempt
against him. But still he thought such cir-
cumstances there might be, in which it would
be lawful for them to resist. ' Being asked by
the doctor, < What those cases were,' he an-
swered, * He had not considered the matter so
' far and fully ; and he had other things
< more proper to be thought on at that time.'
** On that same evening dean 'HlIotsoB
waited again upon the lord Hallifax, to account
to him, what mistake he had been led into, and
what he had done upon it : And the better ta
justify himself, shewed him the very letter he
bad written to tlie lord Russell. While that
loivi was reading it, sir Thomas Clarges came
in ; and after a little time the dean took leave,
my lord Hallifax putting the letter into his
pocket, and promising to be answeralde for it.
But in the mean time sir Thomas not only
found opportunity to read it, bnt to titke a copy
of it ; and from that copy (and I think by nif
means) it was very soon aner printed.
" Ota the evening of the next day, when tl#'
lord Russell was executed, dean llllotaon was
sent for to tbo cabinet council, and carefully
examined touching that lord's bebavionr befive
and at his death. The king particidariy com-
mended ^ dean^s letter, and wondered, < What
< could he Mid to iC HotoUhiamiyeilytb^
0
•17] STATE TRIALS, 35 Chielbs it l663.---7Ha/ o/Algermm Skfiuy. [81»
Wd'f •piabii, «Thttt such drcomstanoeiillielre
* mi|^t be^ia which it would be lawful to re-
* list ;' and further intimated as though it was
his own, 'That it was not intfKMnible to find out
* a case of eiception, though he wouhl not pre-
« sently jpreteod to specify it' The duke of
Voik, who Wai wilUng to belie?e there were
aofM, with some warmth vr^ him to name
thocaae. And not being saSsfied, the kmg
nore miUly eaid, < Brother, the dean speaks
* like an honest man, press him no foiiher.'
After which be told his majesty, That the lord
KoBsell had dechored to him, * Thai he was
* petmaded the king bad never done any
« thi^g to justify any one in rebellion against
^ him : That he had never an^ such thought
* himself and kept company with those unhap-
py men, only to preserre the duke of Mon-
_ led itito any rasb undertake
ings by them, and more par&eularly the ead
ofShafisbilry.* Being then asked, < Why the
lord Rdmell did not discover their doigns to
the king?* His answer was, That that hml
hadsaki, « He could not betray his frisnds, nor
' turn infoimer agamst Aem, while he saw
tberewas no danger: Butiflhingahadeome'
to a crisis, he would have contrived some no*
tice to have been given to tbe kine of it ; an<
in cbse of vioknee, wouU himseVhave bee*
readv tooppose them with his swonl in hit
** The king himself confirmed Ae truth of
the {freetest fMurt of this account, and m con-
dusMm said, < James (meaning the duke of
*lIonmoitth) has told pae the saaie thing.' '*
- w
OO. The Trial of Colonel Algernon Sidney,* at the KingVBench^
for High Treason : 35 Charles IL a. d. 1683.
%if November the 7th 1683, Algernon SM- |
m, esq. was by Habeas Corpust brought to te
h of the court of King's bench, and the
cli of the crown having read the return, Mr.
Ainey GencK^ inibmwd tbe couit there was
attidictment against the prisoner, and prayed
ktiight be ehiu^ with it.
If. ^ Cr. Akcmen fifidaey, Hold imthy
M. [WWchEdid.] ^ /
$dd.M. 'Thejurorsibr our kurd the king
u|i their oaths do present. That Algeraon
SSWsy, ktoof the parish of St. Martin m the
'*M, ifl the county of Huldlesear, esq. as a
lUUnBtor aganut the most iUnstrious, most
' ^odlient' prince, oar lord Charles 9, by the
M of God, king of England, Scotland,
Frttie and Ireland, and his natural lord, not
havfp. the fear of God in his heart, nor weigh-
kiff leduty of'hiaalleKiance, hot moved and
seSuedby tin insiigatioa of the devil, utteriy
vithrawuv the cordis! fove, and true, due
uhml obedisnce, which n true and iaithful
mlwtof our said lord the king should bear
to^rdahimtheBsid lord the ling, and of
rigt is bound to bear ; contrivioff, and with
alt k strength intsnding to disturb the peace
anmrnnmon tnmquillit^ of this kingdom of
Sn|iBd, and to stir up and dmvo war and le-
beUiOanuist thesakl tord the kiitf , and to
suhvit &e flovemment of the ssia lord the
Ungi this kingdom of England, and to de<*
ad deprive the said lord the king,firom
* Seedie Introductioii to the Trials for the
Bye-Hose Plot, p. 514, of this vohmne, and
Ae Extacto froitt Nanassus Lnttrell's MS. at
tibe end d* this Trial.
f ** ThB Habeas Corpus was granted the
itj bote, which was beibre the indktment
«UB tmtt by the grand jury, lor it was not
presentedto them tifl after he was toughtto
Ihehall." NoiiiftftfBcrEdititt.
youvu
the title, honour and regal name of the lm«
penal crown of hia kingdom of England, ami
to bring and put the said lord the king to death
and fiuldestmction, the thirtieth day of June
in the five and thirtieth ykiur of the ragn of
our kird king Charles 9, now king of Eng*
land,' See. and divers other days and times, as
well before as after, at the parish of St. Oilea
in the fiekls, in the county of Middlesex, ma*
lidously and tndterousU, with divers other*
trsitors, to the jurors aforesaid unknown, did
conspire, compass, imagine and intend to de*
prive aad castdown the sakl kird the king, Jiia
supreme natursl lord, not oo^ ftem the T^J
sute, title, power and rule of his kiagdom of
Eimlsml ; but also to kill, and bring and put
to death die same hwd the king, and tocbange,
alter and utteriy subvert the andetit govern-
meat of this his kingdom of Sogland, and to
cause and procure a misersEle slaughter
among the subfocts of the said kird th^kkg
through his wfaloie kingdom of £n||^d, and
to move and stir up an iasarrsction and re^
bellkm agauMt the said kird the king, wtthia
this kingdom ofEnghmd. And toftdfllaad
nerihct toow faiamest'horrid, wicked snd dia-
boliesl treasons, and traiterous compassingii^
imaginatMNw and purposes, the same Algermm
SidMy, as a ftlse traitor, then and th«re,aDfi
divers other days and times, as well befoi^ aa
after, maliciously, traiterously and advisedly,
did assemble himself, meet and consult wkh
the afbresakl other traitois to the joron aibra-
bsmI unknown, and with the saose traitors did
treat of, and for those his treasons and trai«.
teroua compasringa, unaginatHms and pur-
poses, to be executed and futfillcd And that
the aforesakl Algernon Sidney, as a false trai-
tor, maliciottsly, traiterously and advisedly,
thea and there, and divers other da^ and
timea, as well before as after, upon himself,
dkl sasnme, and to the aforesaid other traitors
dkl MunvMthalhe irovM be
8 19] STATE TRIALS, 55 €h ABLfes If. iBM.^Trial of Algerfum SiAwy, [SaO
< 8islio|r in the execatioD of tb«ir treasons and
< traiterous eompassiD|2f8, hnaffinatioos and pur-
< poaes aforesaid, and to fulfil, perfect and re-
« dnee to effect thoee their moM norrid treasons
« and traiterous oompassingB, imairinations and
« purposes aforesaid^ the same Alffpmon Sid-
< ney as a false traitor, then and there, falsly,
4 maiioiously, advisedly andtraiterously did send
< one Aaron Smith into Scotland to invite, ^ro-
< core, and incite dirers evil-disposed subjects
c of our said lord the fcin^, of his kingdom of
t Scotland, to come into this kingdom of En^-
c land, to advise and consult with the aforesaic^
€ AJgemon ^dney, and the aforesaid other Un-
4 known traitors in this kingdom of England, of
« aid«nd assistance to be expected and supplied
< from the kingdom of Scotland to fulfil, per-
« feet, and to reduce to effect those their most
( wicked, horrid and traiterous treasons afore«
« said. And that the aforesaid Algernon Sid -
« ney to fuuil and perfect those most wicked,
« homd and devilish treasons, and traiterous
c compassings, imagim^tiona imd purposes
i aforesaid ; and to persuade the subjects of the
« said lord the king of this kingdom m England,
« Thft it is lawful to make and 'stir up an in-
<«surrection and rebellion against the said lord
* the king that now b, the said thirtieth day
■ of June, in die flvC and thirtiedi year of the
< reign of the said lord the king that now is, at
« the parish of St. Oiles in the field, in the
< coimty of Middlesex, falsly, unlawfiilly, wick-
« edly, seditiously and traitorously^ did make,
< compose and write, and caused to be made,
« composed and written, a certain false, sedi-
« tioi^s and traiterous libel, in which said fidse,
< seditions and traiterous libel, among other
« lAngs, is contained as fbUoweth in these
« English words, viz. " The power originally in
« the |»eople of England is delegated,unto the
« parliament, he (the most serene lord, Charles
* S, new king of England, meaning) is subject
* unto the law of God, as he is a man to the
« people, that makes him a king, inasmuch as
* be is a king, the law sets a measure unto that
'subjection, and the parliament judges of the
< particular cases thereupon arising, he must
« oe content to submit his interest unto theirs,
« sinee he is no more than any one of them in
« any other respect than that he is, by the non-
* sent of all, raised above any other ; if he doth
< not like this oondition, he may renounce the
' croWn ; but if he receive it upon that condition
* (as all magistrates do the power they receive)
< and swear to perform it, he must expect that
* thp performance will be exacted, or revenge
< taken by those that he hath betrayed." And
< that in another place in the said false, seditions
' and traiterous libel, among other things^ these
f false seditious and traiterous English sentences
* areeontained (that is to say), " we may there-
< fore change or takeaway kmgs, without break-
< ing any yoke, or that is made a yoke which
* ouglit not to be one, the injury is therefore in
* mdcingor imposing, and there can be none in
* breaking it," Against the duty of his allegi-
* anoei againstthe peace pf tbeaaid now loid the
' king, his crown and dignity, &c. And against
* the form of the statutes in this case maM and
* provided, &c.*
How sayest thou ? Art thou Guilty of this
Hiffh Treason whereof thou standest indicted;
or Not Guilty ?
Col. Sidney. My lord, I fbd an heap of
crimes put together, distinct in nature one nront
another, and distinguished by law ; and I do
conceive, my lord, Uiatthe indictmeivt itself is
thereupon void, and I cannot be impeached
upon it. '
X. C. J. (Sir George Jefferies.) We are not
to admit of any discourses, till you answer the
question, whether you be Guilty or not Guilty.
Mr. Att. Qen^ (Sir Robert SawyerV If be wiV
demur, my lord, we will give him leave.
Col. Sidney. I presume your lordship wiUdi
>«ct me, <br I am u ignoriuit mn in idatten i
this kind, I may easily be surprized in it, :^
never was at a trial in my life of a^y body, a|f
never read a law book.
^L, C* J. Because no prisoner under' y^
circumstances is to have counsel, but in sp0il
cases to be assi^ed in matters of law, the dft
is bound by their oaths and duty of their pliss
that thisy shall not see any wrong done to yoJ*
But the lousiness that we are to tell yon noiis,
you are to plead Guilty, or not Guilty, or deair,
which is a confession in point of law.
Sidney. Under favour, my lord, there ity
be indictments that are erroneous, and ifhey
are erroneous and vitious, they are null^
ought not to be answered to.
Mr. Just. Withins. If you please to dnnr
to it, you shall bai^ liberty to make an; ex-
ceptions.
Sidney. I do notdemnr,it isonly e^ce^ons.
I think in matters of life^ a man may ge ax
his exceptions to the bill, and plead not fnilty
aflerwanls. lam sure in sir Henry ^aoe^B
case, the court said it, and offered him to <) it ;f
that which, under favour, 1 hope to do.
L. C. /. You must pl^id or demur.
Sidney. My lord, if I put in exoeptins ^o
^e bill, I do not ^^«d until those excptiois
are over-ruled. This was in the caaesf sr
Henry Vane.
L. C. J. Sir, I must tdl you, you niut
either plead or demur.
Sidney. My lord, there are in this indicment
some treasons, or reputed treasons, tha may
come within the statute of the ISth of thftking,
which is limited by time, the prosecutin must*
be in six months,' and tiie indictment within
three. Now, my lord, if that this busiess that
is mentioned, be above six months bfhre my
commitment, or above three before tk. indict*
ment, I think, under favour, I ought nt to an-
swer to these matters.
L. C. J. You are mistaken in the Lw. Thai
wiU be saved when the fact comes ti appear.
* SeeNotestothe Cases of Don Piantaleoit
Sa,voL 5, p. 466, and of Twyn anc otiftOii
vol 6, p.. 516, of this Collection.
t See as to this, vol, §, p. 143. ^
«2l] • STATE TRIALS, 35 CnAKx.zs.U. iGSS.-^f or High Treaadn.
[822
If tbej aDedge the Hung to be at a time, which
according to thikt allegfation would maintaia the
indictment, if upon the trial, it appear other-
wise, the court is boun4 to take notice of it
whenyouoometo your. trial, bat we are not
bound to exaaunethat before you have pleaded.
Sidnev, My Jord, every body will acknow-
ledge, that there have been, or may be, vitioua
jhdjctments. Now if I plead to an erroneous
indictment, and am acquitted, I may be mdieted
^gmt. Bills of attainder have been upon
errors in original indictpients, as that of the
duke of Somejset. Now if there be here se-
veral things distinct in nature, distingfuished by
law, that are put together, it is impossible to
ipake a positive answer to any one.' If any
one should tell me, that I by myself, or by
others, by sword or by pistol conspired to kill
the king, I can say, I did it, or I did it not. If
any one say, I have levied war, and by several
acts undertake to prove I have done it, I can
say I have done it, or I have not. But here I
doHc't find any thing specified, or can tell upon
what statute' I am indicted./ I pray I may. see
the record.
i. C. /. That we cannot do. Ymi shall
liear it read ^in if you will, • if you think it
to be a void indictment, demur to it if you will.
Sidtt^. My ierd, 1 desire you to accept of
this. [Shewing a parchment]
X. C. J. What is it ? , put in what |»lea you
shall be advised ; but if you put in a special plea,
and Mr. Attorney demurs,youmay have judg-
ment .of death, and by that you wave the fact.
Sidney. I cannot nuike any objection to the
bill after I have pleaded Not Guilty, for I ac-
cept the bill therdl>y to be good.
L* C'J- If you can assign any matter of
law, do. But otherwise what a kind of thing
ivoukl it be : all criminaJs would say, in aU
cases, I doubt whether the bill be good or bad.
And after I have tlius considered of it, I will
plead. .You are misinformed, and this the
court tells you as a duty incumbent on them.
Just. Withint, If you demur, and shew what
your cfiuses are, we will assign you counsel.
Sidney. I desire you will not try me, and
make me to run on dark and slippery places I
don't see my way,
. -L. C.J* l>on'*t apprehend yourself to be so
asif the court would run you on any incon-
renience. But they are bound to see the me-
thods of justice preserved, they are those that
yoQ, and all the king^s subjects are bound to
conform to. If any one of us were in the same
condition, we roost observe the same methods
©flaw. .
CI. of Cr. Art thon Guilty or Not Ooihy ? >
Sidney. Then pniy> my lord, will you teUme
this» b It true, that a man, how vitious soever
an indictment is, must answer or demur to it?
JLC. J, He must either answer or demur.
■■ ■ ■ I ■■ - , ■■■ i» . ,
* See flir Henry Vane's Case, vol. 6, pp.
132, 133, 135, 143. Oates's Case, May 8th,
1685. Chamock's Cawy a. d. 1696, in this
Colkction.
Sidney. Are there no exceptions to be ad-
mitted?
L.C.J. None: And^if you don't do the one
or the other, judgment passes, as if you had
pleaded .^ukhv.
Sidney. Hm is a Plea *.
Mr. Just, wahins. Will you stand hf kt
Consider yourself, and yoijfr life, if you put in
* Re\ versus SiDKEYf for High-Trea86n.
Midi' 35 Car. 2. B. R.
The Plea (drawn by Mr. Serjeant Rotberam)
which he of£ered to the Court.
*' Predict* Algernon Sidney dicit quod pe^
statut* in p&riianienta iuchoat* et tent' apud
Westm' octavo die Mali, anno regni Domini>
Regis nunc decimo tertio, et ibi oontinuat* usque
trioesimum diem Julii tunc prox' sequens el
ab eodera tricesimo die Julii adjomatum usque
vicesimnm diem Novembris tuuc prox' sequenS
intitulatum, ' An Act for the Safety and Pre-
( servatton of his MajestyHt Person and Go-
-' ^ernment against Treasonable and Seditious
' Practices and Attempts,' inter alia, oi'dinat* et
inactitat' fnit, per autoritatem parliamenti
preedicti, quod nulla persona sive persfwe,
virtute actus pruedicti, incurretet, aliquas
penalitates in actu predicto roeiitiottatS nisi
Ipse vel ipsi prosecut' esset vel e«WBt infra sex
menses prox^ post offens' commisS et indict'
esset superinde infra tres menses post talem
prosecutionem, ahquo in statute prcraict* con-
tent'in contrarium^non obstante. Etpnedictus
Algernon ulterius dieit, quod ipse prosecute
fiiit et coromissus prisonie Turns de Londoiif
pro offens' in indictamento pnedict* mentiomRS
26 die Junii ultimo preetento, etnou antea, el
ibidem continuat' prisonar' hue usque, et quod
ipse praedict' Algernon non fiiit indictat* pro ali-
quo vel aliquibus oifens' in indictamento preedict'
mentionat' infra tres menses prox^ post prose-
cutionem prsMlict'. £t hoc pnedict* Algernon
parat' est veriiicare ; unde petit judicium, si ipse
prcedict* Algernon, quoad aliqnod crimen sive
ofTens' in indictamento praraict' mentionat*,
quod crimen vel ofTens' non fuit alta proditio
ante confectionem statuti praid% respoiidere
debeat, et quoad omnes proditiones, crimina, el
offens* iudictarn^nto praedict' mentionata, <{U9
non fuere vel fuit alta proditio ante ootolec^
tionem statuti pnedictS idem Algernon dicit.
quod per statutum in parliamento tent<^ apud
Westm' in com* Middlesex in festo sanoti Hi-
iarii, anno regni Domini Edwardi nuper Re-
gis Angli« tertii, anno regni sui viceaimo
quinto editum^ intitulatum, *A Declaration^
* which Offences shall be judged High-Trea-
* aon,' inter alia, inactitatum fuit autoritale
eia$dem parliament!, quod si uUus casus suppo^
situs esse proditio, qui non specificatttr in eodeni
statute, accident coram aliquibus Justitiariis,
Justitiani moram fttcient (Anglu*% shatl iarty)
sine aliquo progressn ad judicium (Anglioegoifi^
to judgment) depnedicta proditk»e, usque eansa
monstretur et decboretur coram Rege et par-
ito SBO. ' Quodque per statutum in par-
«S J CTATB TRIALS, U Csailss H. l68d.-*7Hi/ «^ il^fmum Sidbiy, (821
Hmt fk^ and Mr. Attorney demiirsy if your
plea M not good, your life is ^one.
Sidney, enjf my hml, giro mo n day to
^^anaiderofit
X. C. J. No, wenraat not tntrodooenefr mo-
thpda of forma for any body. The same caae
Ifcat 10 #illi you may be with olber people.
Sidit^. My lord, I do not pretend to any
thing but what is law, and due to eveiy man
upon Engiiah ground. 1 would be wmj aorry
to do that which may be Imrtfol.
£. C. J. You have the ride of the court.
Yon must do one or the odier. Call him to it.
Sk^ney. I desire this may be read. [Shewing
Ihe aarae parqhment.]
£. C. / It shall not be road nnleos yon put
ii. • ■ ft
l^maaa plea.
Solicitor Gimeral, I must do mj duty. . Mr.
Williams exceeds hia liberty, he mfomia the
prisoner seyeral things. ^
Mr. Williams. 1 only said, if it was a plea,
put it in, Mr. Attorney can hear all I sav.
r Whereupon Mr. Williams waa reprored by the
loid ohiet justice.]* ^ ,
tent* apod Westm* in cornm^ MiddS
erainto die Ootobria, anno re^ Domine
Marin naper ReginsB AnglisB pnmo, intitula-
tom, < A lupeal of oeveral Treasons, fokmiea and
* l^rsexnioim,' ipactit^ ftut, inter aln, antqritate
^usdeni parliamenti, quod abinde nullum foc^
tnm vel offens* exiflten* per aetum parliamenti,
Tel atatut* fact* proditio per verba acript* nota-
lionem (AngUce typkering) fi^otS aut aliter
^uocuiique capt* habit* census (An^cet^emei)
tel adjudicat* esse alta proditio, nisi tantunr tal*
^usB declaraotur et expnmuntor esse proditio
in vel per actum parlianienti, vel atatut* foetum
IP anno vieesimo quinto regni prcnobilis Regis
Edwardi tertii taingen' vol conoernen^ proditiones
Tel decIaraUones proditionis et null< alS nee quod
aIiqu8B poBosB mortia, poenalitates, velforisfoctur*
in ali^uo mode sequuntnr (Anglice entite) v<d sint
alicui peccatori (Aog^ioe ajfemUr) vel peecatori-
bus ( Anglioe offendcrt) pro ftcien' vel oommitten*
aliquam proditionem aliter quam tal< qmein
atatuto pnedicto facto, in dicio anno viceaimo
^uioto regni dicti £dwardi Regis ordinate et
provis% ioiquo aotu Td actus parliamenti,
atatut^, vel staiuta ad aliquod tempos antea
habit* vel foct' post dictum vicesimum quintum
annum dicti nuper Regis Edwardi tertii, vel
aliquam, al' dedaratiopem vel matenam in
oontmium aliquo modo non obstante. £t
pr«dictu8 Algeroon dicit, quod ipse non est
culpabilifl de aliqua vel aliqumus proditione ve(
|»roditioBibu8 in iudictamento pnedicto men-
tionat* oua spedficatur Tel spedficantur in
atatuto Ultimo mentionato modo et f^Mrmaprout
in indictamento preedicto mentionat'. Et de
hoc ponit se super patriam."
« By the favour of Mr. Charles Walkin
Williams Wynn, I have had permission TNo-
Tomber, a. o. 1810} Co cause to be copied for
this Work several papers which had belonged
to his ancestor, sir William WiUiams {He wiis
created a baronet by Uog Jomea ^ Second
iSidii^. lottlygiveitaaexoeptionstotheliO.
CL q^'Cr. Art thou guihy ornef gnilty P
in the year 1680), who waa the Mr. Wdlkoat
mentioned in the text, tea of these ii tn
Older signed by lord Sunderland, and dated, tt
it aaema. Ootr. 9(Hh, 1683, « ailowinr Mr.
Thompson, Mr. Rottmson, [qu. RawEoson]
Mr. BamficU, Mr. WUliams and Mr. Ro-
thcram, aa couiBel, and Mr. Wynn as solialor
for Mr. Sidney, for the purpose, I ooojeetane,
of assisting hmi in preparing for his trial.
Another of sir William WilKama's Fkpenii
the panel of Jurors, which (with some alow-
ance for errors of trauacriptiiHi and fanprci-
sions) appears to include the twdve who tiied
col. Sidney. . It is aa foUowa :
T%e Numei of the Jurors inL Donu jR^met
Sir Rcgmald Foster, of Cripplmte, bart
Sir John Musters, of Homaey, l3i
Pensgr.B^^, of St Martyn-in-the-Fiddi,a9.
Richard Morley, of the sanae, eaq.
Jaa. Supple, of St. Mv^-in-the-Fiddi,g«»«
J<dm Augier, of Westrnmater, gent
Richardrisher, of the same, gent
John Kirke, of the same, sent
Christoj^ier Granger, of the aame^ gent
John Nico(dl, of FnLcbley,gent
Wm. deeve, of Cripplegate, gent
Richard White, of the same,'gent
Sir C. Gerrad, of Harrow on the HiD, bait
Su-Ridiard Fisher, of ClerkenweU, bart
Sir Robert Daores, of Clei^enwdl, bait
Sir J. Kirke of St. Martyn*a in>the-Fiek^lit.
John Wells <tf Mariano, gent
Samuel Lynn, senr. of GlerkanweD, gnt
Michad Todd, of theaamer gent
Wm. Dynn, of the aame, gent
Lawrence Wood, of HolbownOy gent
John Powell, of the Strond, geott
Hugh Hamersley, of the same, gent
John Cannon, of St Giles m the FiaMs, fCOL
Sir John Brattle, of Enfidd, knt
Sir Richard Downton, of Iskwortb, knt
Sir Wm. Hill, of Teddington, Iqit
Ralph Havrtrey, of Rislipp, eaq.
Francis Knbwfes, of Covent Garden, esq.
IhooiasUinton, of St. Giles m the FieUs, gilt
John Merridell, of the same, gent
John Bavley, of the same, gent
Abel Andrewa, of Edmonton, gent
Ruben Bourne, of Edmonton, gent.
Emery Aigus, of Westminster, gent
Rd. CScK^er, of St Martyna m-the-FieUi, gUl.
Thomas Rowe, of Homsey, esq.
John Bathurst, of Edmonton, esq.
Richard Pagitt, of Westminater, esq.
Nehemiah AmoU, of the aame, eaq.
Wilham FVeeman, of Hatton Garden, esq.
William ATory, of Enfield, esq.
Francis Stevens, of Westminster, esq.
T. Pheipps, of St Maitybs-in^he-FieldiSg^
John Smalbone, of the same, gent
Thomas WhitfieU, of the same, gMt
John Haynesi of the same, gent
125] STAT? TRIALS, 35CHABLt8 II. l683.— /tfr High Treattm. fa2(J
^nty. If any one sbimtd iisk me any par<-
colur ttiiiiff, I could tdl how to answer.
JLCf. He asks you a particolar iking.
Ilia the doty of the court to pronounce judg-
ment, if you do not plead.
mimm
Charles Monke, of the same, gent.
Jolin Sharp, of Wappinff * esq.
John Cierlsi^ of Chiswick, esa.
Wm. Wute, of St. Clements Danes, gent.
J. Bignal, sen. St Hartyns in -the-Fields, gent
George Clisby, of the same, gent.
Nicholas Baxter, of the same, gient.
Thomas Roberts, of the same^ gent.
Joftm Hazard, of St Clements Danes, gent.
Jeremiah Plainer, of the same, gent
Wm. Reeves, of the same, gent.
Wro. German, of the same, ge^t
TbMiias Claxton, of Harrow, esq. •* .
Charles Prior, of Highgate, esq.
Tkomptf. Curtis^ of Ht Clemeata Danes, esq.
— ^ Bradsbaw of the Strand, esq.
Tho. SLcnsey.of St.Gile8, in-the-Fields> esq.
Richard Taylor, of Chiswiok, esq.
Wm. Grores, of St. Cl^nents Danes, gent
John Bert, of the Savoy, gent
Samuel L^nn, jaar. of llolbome, gent
Richard BromneSd, of the same, gent.
Eldward Hamp8tea4, of St Giles, gent
Beiqamin Boltb}^ of the same, gent
Chnstoph^ Chambers, of the same, gvnt
Arthur Blithe, of Paddington, gent
John Leeson, of the Stsond, gent
l^emas Blton, of Stepney, gent
Nicholas Grioe, of Hessen, esq.
SimMi Smith, of Westminster, esq.
Bartholomew Parr, of East Smithfield, gent
Francis Qhild, of Acton, gent
John Davis, erf' St Marty n'a, gent
John White, of the same, gent.
Steven Philtipps, of the same, gent
Richard Foster, of Westminster, gent
Thomas Graves, of the Strond, gent
John 'Singleton, of the same, gept
Thomas Tatter, of the same, gent.
Robert.Longlaad, of St. Giles, gent
James Blagrave, of the same, gent.
Wm. Abel, of the same, gent.
Mr. WiHisms took much pains in the in-
struction of Mr. Sidney for nis tnal, as wt^y
be seen by the foUowmg extracts from the
papen communicated by Mr. Wynn ; in which
flOfoe repetitions will be found.
The Stat of Erst and second of Philip and
Mary* doth repeal all mesne statutes in trea-
ton to iie statute of Edward the third,t and
« Tbisshouldratherhe the slat. 1 Mary, cil.
f Mr Chrifltian (note 10 to 4 Blackst.
Comm. 30) notices that this had been done far
more efet^uaUy six years before, by st 1,
Ed. 6, 0.19, and he proceeds to observe that
the olgec of the needless repetition in the time
of oueen t ary , seems to have been to continue
to Mary ^he popularity which had been so
justly gai^ by her brother.
Sidney n Why then, if you drive me upon it,
I must plead.
L, C J. I am sure there is no gentleman of
the long robe woukl put any such thing into
your head. There was never any such thing
done in capital matters.
Sidn^. My lord, I am there indicted for
oonspiriog the death of the king ; I have not coo-
spired the death of the king: I am there indicted
doth fortify that Statute, which doth manii^
the great regard that was had to this Statute,
in all ages, and the mesne Statutes which
make some provisioh-for treason in the time of
Hen. 4, and H. 8, and at other times whi(;h
are not declared by the Statute of Edward the
Third, shew the necessilr of making particular
laws for treasons not declared in the Statute of
Edward the Third. And not safe to trust ordi-
nary courts of justice, with the construction of
treasons not expressly declared by the Stat of
Edw. the Third.*
In order to the Tryall
You may challenge 35 of tbei jury ratxnned
to trye yoo without any cause.
Yon may challenge aa many naore as Ton .
shall please shewing cause for auchonal-
leiige.
Wantof frediold in a juror returned in the
county of Middlesex is a good cauae.
And if any of thojgrand jury that found dm
indicUnent agamst you be returned upon
the jury of life and death it b good canne
of coaileDge to that juror.f
For that pui'iiose a petitioii is lohe prepared,
to desire a copy of the grawf jury and of
the ponnell rathe jury for ^ trysil Ibr
life and death.
Consider of exceptions to Wiftnesses.
And when you make youre^n^ptietts priy
they may be argued by oounsell it the
court shall r^edk them.
Desire all evi()enoe of hearsaT frooi wit-.
- nesses may not be given, and suffer it not
to be given, but desire the Court to- stopp
that evidence.
Watch the king's oounsell in snoMBing or nt-
gueing the Evidence against you, [that]
they 00 Aot offer any thing taat was not
proved, and stop them if they do.
Ckallenge Jurors.
Thirty- tive of the jury may be cballei^ied
without shewing any cause. '
And any other juror may be challenged
shewmg cause for such challenge.
If the juror have not 40f. freehold in the
county of' Middlesex a good caaaa of
challenge. ^ ^
So it is^ if ne be returned of the jury by the
nominacHm of the prosecutor or of any
other person that soUicites against the/
prisoner.
* See Coke's 9d Inst. 83, 8S, 24. 1 UaWf
P. C. 108, S59.
t ^ee Oates's case, 1695, in Uiis CoUeotion.
9
827} STATE TRIALS, 35 Charles II. l6^3.^Trial ofJlgmtan Sidney, [h2%
for leryiofif of war ; I hare not done that : I am
itidicted for haying invited in others of another king } I have not written any thing to stir up
nation ; I have not ^ done thai neither : I am
there indicted to hare written a seditions libel
If be was upon any other jary upon the like
indictment;, where the same witnesses
were examined for the king who were
witnesses to this indictmcut, it mav seem
cause to sett aside suchjaror if he found
for the king.*
Because he hatu believed the witnesses, and
therefore doeth not stand so indifferent to
try6 t))e prisoner upon the testimony of
them witnesses.
The time to challenge the jurors is when
they are called to the bobke to take their
oaths after they have appeared.
The prisoner is to have the copy of the pannel
of the jury in his hand.
Except againtt the Witnesses.
When the witnesses are called and appeare
and come to the booke to be sworen,
Except to the witness betbrc he is sworen^
That the witness is outlawed for high treason,
and therefore ought not to be admitted a
witness against the prisoner.
Produce the copy of the outlawry, and call
your witness to prove it a true copy.
And desire counsell may be assignefl you to
argue, Whether a person so eutlawra may
by* law be admitted a witness against you.
When the witnesses are sworen against you.
Observe, that what they sweare shall
prove the treasons layed in the indict-
ment against you.
And that the treasons layd in the indict-
ment against you be proved against by
two witiiesses.
Otherwise you ought to be acquitted by
the law.
If the witnesses proVe oiiety treasonable dis-
courses against you, or that you were pre-
sent where men did speak ti^eason, insist
upon it that is not enough to convict you
of treason 4)y this indictment or by law.
Insist upon it tnat no act of treason is proved
against you, and therefore you ought to
be discharged by law, thousri words and
discourses should be proved against you.
If treasonable discourses and acts of treason
^ be proved against you, then you are to
insist that the witnesses, thougn they are
upon their oaths, ought not to be believed
by the jury.
Because by their evidence they are traytors.
They sweare to save their oWn lives.
They have no other way to save their own
lives, but by swearing other men out of
their lives.
It not believable that such notorious traytors
will not add perjury es to their treason to
save themselves.
to stir up the spirits of the people against the
*This no good cause of challenge. See Clran-
boigm^'s case, a. d. 1696, m thi« CoUocttpn.
the people against Uie king.
X. C. J. We are not to hear all Ifais, you
^ . •
When aUthe witnesses are examhied against
you, call your own witnesses to disprove^
if you can, what Vas proved against yon.
At least to prove what may be of you that it
is not credible tliat you should be guilty
of treason.
To prove your loyalty to the crown. '
Your principles forthegpvemmelir.
Your obligac*ons to the King and his Br.
That you did not appeare in the late Re-
bellion.
What acts you did to suppress it.
When your witnesses are examined, ami you
have sayed, what you have to s»^ in your
own defence,
Then the king's counsell will sum-sp tire
evidence to thejury.
Observe if they misrepeat any part of the
evidence to thejury.
And cailf to tlie coiirt to do you right in
that matter.
After the Indictment is 'read,
Yon will be called upon to plead to it.
Advise if the special pica may not be then
offered.
After not guiky pleaded,
The jury for your tryall will be called.
As they come to the looke to besworne upon
thejury, then are you to make your chal-
lenges.
You may challenge 35 without shening
any cause.
You may (Challenge as many as you shall
please skewing cause.
Advise what causes are fit to be insisted upop.
After thejury is sworn and charged to enquii'e
against you.
Upon the indictment and proclamation made
for your prosecution,
The king's counsell will open tlie indictment,
and the evidence to meynteyu the indict-
ment against you.
Observe upon their opening what evidence they
insist upon, and consider what defence to
make as they open to what they open ag^^
you.
Then the witnesses will be called against ywi.
Consider what is proved by the witnesies of
their owne knowledge;
What they believe.
What they say by hearsay.
The two last are no evidence against yon ;
therefore carefully < watch them ii their
evidence.
Then consider how much of what fliry swvre
to their knowledge is pertinent to pove the
ti^eason lay M in the indiclment, thmgb it be
though itt [qu. yet if] betr^asor Jay'd.^n
the indictment, a treason not hy^iin the in-.
829] STATE TRIALS, 35 Charles II. l683.— /or Htgh Treason. ' , [830
mast plead as other people, or else in plain Sidney. My lord, if you pat me upon this
Enelish ve will pronounce sentence. We iijevitable necessity, it lies upon you ; Imust
ou^t to give all men satisiaction that wilb be plead then.
satisfied ; bat if they won't be directed we can't CL of Cr. Art thou gfuilty or not guilty ?
hdpthat Sidncj/. Nut guilty.
dictment, or yet if it be not proved by twb
Mritaesses <»f credit :
And tlioughit be so proved, yet if the overt
acts of that sort ot treason be not proved
by two credible witnesses against you, ob-
serve it is not enough to convict you by
the law.
' ,^nd observe, that an evidence of conspiracy
to levy war and some acts done in order
to levying of war, yet no proofe of levy-
ing of war, being made against you he
not turned upon you, as an evidence of
any open act of your conspiracy to. destroy
the king, which ought not to be so turned
upon you.
Againe watch that acts of misdemeanor be
not objected to you as an evidence of
treasori.
Can^der the evidence against you relating to
what you sayd or writt, whether any th'mg
that will be proved that you say'd or writt
do in itselfe amount to any treason lay'd in
the indictment.
And upon what statute it will be so construed
to he treason, whether upon the stat. of Ed.
Sd or K. Cb. 2d ; if upon the last, observe
it be proved there was a prosecution upon it
within six moneths after such speaking or
writing, and an indictment within three
ninths after such prosecution, otherwise
you are not guilty of treason within that
statute.
And observe, that speaking and writing which
are made treason by that statute are not to
. be drawen into an evidence of treason within
the statute of £d. 3d.
Because that statute doeth circumscribe
treason to what is declared treason and
ezpressfy set downe in that statute, and
doeth enact that nothing shall be construed
or declared treason in any Court but in
parliament but what is declared and ex •
pressed in that statute.
In ibe evidence agaiiibt you for your writing.
Take care that all that was writt by yon
upon that subject be produced, and that it
be not griven in evidence against you by
pieces which must [or muchi invert your
sense, and eoAsider the proofe or evicfence
of the time of such wnting if within the
time Umited tor prosecution, and indict-
ment in tiie statute of the king.
Otherwise it may be no evidence against you.
When the witnesses are examined and all
the king's evidence is read and heard
against you, . ^
Thai you are to make your defence.
In yonr defence,
Yon may observe, if there be any improba-
bOyties in tbe.«ri4iiioe against you .
Anti if there be any contradictions.
And how it varyes from the charge against
you in the indictment.
When Tou hare made your observations to
wealicn the evidence.
You may make observacions upon the wit-
nesses against you, opening wnat you have
to say against them,'and to make their testi-
mony as incredible as may be.
Then you are to shew how the indictment is
in itselfe made up of several sorts of trea-
sons.
And those treasons not proved by sucH overt
acts as the law requli^es,
And shew wherein.
Nor by two witaesses to eveiy act
That no act, at least make some instances of
acts of treason charged in the indictment
which are not proved, and that if all the evi-
dence affainst you were true, you ought^ to
be found not guilty as to some of the facts
lay'd in the mdictment.
Tnen answer the particular facts layd in the
- indictment of which some sort orevidence
is offered against you.
Shew how imperfect that proofe is.
For your writing objected to you.
Shew how it ought not to bear the construe-
' tion they would give it.
The writing read against you is but part of
a great deal which cannot be understood
without perusing the whole.
Shew the aesigne of that writing.
And that it ought not to be wrested to their
uurpose.
You know the desire and puipose of it.
Then call your witnesses to justify what you
l>ave sayd.
Call yonr witnesses to discredit the witnesses
against you. i
When you have all your witnesses examined,
then observe to the Court and jniy the
weakness of the king's evidence against you.
And the strength of your own evidence.
Then the king's counsell will reply and con-
clude to the Court and jury against you.
Take care they do not misrepeat or mistake
the evidence against you.
Then the Court will sum up the eridence
against you ; observe you have the evidence
delivered by th&Cjourt without mistake. '
Itt is not the alledging of a fact in an indict-
ment to be committed or done proditorii
makes treason in thejud^ent of law, un-
les the lact as alledged m the indictment
be in itselfe treason.
Itt [q'u. If it] is declared by the court and
king's ooiiAsell that the treason of which
SSI] STATE TRIALS, 35 CuarlbsIL i6%3.^Trml if Algfmm SAny, [$52
CL^€r. CiilDTit,How'wikth6a be tried f
Sidney. By G«d a<^ my oemitry.
CL ^Cr, God seotd thee a good ddi?er- tieeof itsow?
«Bce.
L,C»J.. If you be not guiity, I pray God
jou may escape.
r
ihe priaoner k indicted is treason upon the
statute of 35 JB4. 3, and that upon the
first branch of that statute.
Then if the treason as alledged in^the in-
dictment be not such a treason and be
not sufficiently aUedged with a sufficient
overt act in the iodtctment particulariy set
forth . as that branch of the statute re*>
quires.
Itt may be insisted upon by the authority of
Pyne*s case Trinity 4. Car. 1. Cro. 1, rep. f.
135 «Dd many cases therein mentioned,
Add upon lord Coke's opbion, 3** Inst hish
treason fo. 14, and Hale's Pleas of the
Crown, nag. 13.
That there's not a sufficient overt act of such
treason wittiin thie first branch of the sta-
tute of 35 Ed. 3. jparticuUrly set forth and
expressed in this indictment.
Tb^ writing therein mentioned may be offered
Id be no such overt act
Itt sounding rather more like an her^ticaD opi-
nion. or a mistaken opinion of monarchlatt
govemment and not applidkble by the parts
of it expressed in the mdictment either to
the government or monarchy of England di-
rect^, and if itsho'nld'be apply ed to the mo-
narchy or ^vemment of Englaud it ought
not upon this indictment, as the words are
layd m the indictment, to be applyed to the
person of the present king.
The words themselves do not so apply them-
selves, and io make treason' they are not to
be drawn to any such application especially
in an indictment thouf^h f qu. they] ought to
be dii^ect and positive m themselves aira not
to be made so Oy argument or oonstruetion,.
And tiie substance of the words seems 4o
tend to no more than to place the parlia-
ment to some purposes above the preroga-
tive of the king, of which the king him-
self id one of the three states, and without
whom there can be no parliament or act
cf pariiament by the law, and itt is no more,
it may be thoi to say diat the king having
' his lofds and oommons joined to him in par-
liament may do more than the king can
do without them, or that the king in this
conjunction may controul much of his
own prerogative without them.
And peihaps for oughtappears in the indictinent
this may be app^ed and was applyed by the
writing to the late king or some other kuig
and not to his present muesty*
Umb case of the duke of Somerset in the re-
versal! of his attainder for error of this na-
ture'in the indictment may be in some sort
applied to this indictment upon the iocer-
« This shouU ntber be 3 IfliL
Alt, GetL My lord, will j9a please to ap«
point 1^ day for his trial that be may take no-
£. C. /. What time would tou have?
Att. Cren. A wedc's time, do you think ^al
willbeenoughP ^
teytity and insufficiency of the o#eit (act
alledged in timr indictment
Itt may be also insisted upon
That this indictment aoeth confound seve-
ral! branches of the trea^ns enactedby
the statute 85 Ed. 3, by turning evidences
of levying vrar to acts of oompassiiuf the
destruction of the king, whico ot^t not
to be by the meaning of the statute and
opinion of brd Coke and odier autborityes
as conceived.
By this way of indictments upon thestatBte of
35 £d< 3, judges may be let in to oafce csn-
atructions of treasons in edses whi(^ are left
to the parliament only by that statute. ,
The Stat 3 H. 5, doeth require that all jwon
^ upon trial! of the death of Ik man ba¥tt 401.
freehold estate.
I do not finde'in «ny statute or law books tte
at com'on law jurare upon the trail of ^
death of a man might serve who had no free-
hold. >
Upon cenaideracion of Fortescoe cap. 86, ad
of my lord Coke's opinion in his first Instilate
f. 373, and of the sUtnte of 8 Hen. 6, md
of the Stat, of 1 and 3 Mar. which redoces
trialls in treason to the common law, and of
the Stat 35 Hen. 8» which directs thetrydl
of forrigpe treasons, ^ and tiie stitiites of
1 Ed. 6, and 5 Ed. 6, for two witneases ia
treason.
Itt is. very piybaUe that at. common hew some
freehold was requisite to oonslitiite a juror in
all these cases though not to the value <tf40f.
yeaiiy, yet to some value and that waotof
freehold was a challenge at die common law.
Stat 3 Hen. 5, requires 40i. freehold fbrajuroc
to trye a plea peraoaal where tiie dw or
damagiBs arooimt to 40 matkea, bat doeth not
make any provisioa where the debt and da-
mages do not amount te 40 marka, yet sajs
Fbrteseue cap. 35. in that case tbie jurors
must have aome competent fre^old though
not to Ae valueof 40t. ycariy, thia seemes
to be lord Coke's opioioii, 1 Inat.fo.373. ^
If att the oonunenlaw f^veMdwaanotrequisifee
in audi jurors but that this ia made requisite
by the Stat 3 Hen 5.
Itt IS very worthy of great cbnsideracisB if the
tftat 1 andSSfar. whkh reducea the trysfl
jof treason to the common law doeth ahrsfste
this quality in jurors required by the stat
ofSHen. 5.
For the stat of 1 and 3 Mat*, doedi not UfoA
the tiyall of ftreigne treasons enacted by 35
Hen. a, but Ae same contiaiH adli by Ike
stat 35 H. 8, and iutt not redoeed to the
ttyaOs of such traaamw bgr the €om^ IimTm
. appwitjby 0lovy«'»«Mt is Ajnow
9SS]* SVATE Tftt ALS, 35'CRAAt|:8 II. l6SS.^&r High nttam. l9M
iSidb^ No, pray,n)^lanl, ffiN^meafoit-
utrbt's ttme. — Att..Gen. I ivoort oppose H.
lugbt
Sidney. In tke next place I dt^fe a e^y of
tiM iDdJctment. ^
X. C. J. We oaa't giant it by law.
JKeHhcr doeth. the. Mat. 1 and 2 Mar.' abrog[ale^
the fltatutes of 2 and 5 Ed. 6, which ra-
^nires two witnesses in oases of treason.
All which hy a large constrnction might hare
beengiren this Utatnte.
That the indictment doeth oonteyn severall
treasons in their natnre distinct, and of seve-
rall kindes and species. Which ought not to
be charged in one indictment.
thray oonnsell may be admitted to argue this
' matter, Wore* yon be compelled to plead to
the incKolm^t, for after npt ^ilty pleaded,
no advantage oan^ be had of this matter.
Jf the court over rule you in this, and require
yoo to plead to the indictment, then plead
severall not guihys, to the severall treasons
(^i^ed in the indictment. If the court will
not allow you to plead ancb severall pleas,
pray counsell may be heard, tor you to
argne this matter.
If you are over ruled in this, and be required
to plead not guilty, to the whole indictment.
AUxF vou have pleaded not guilty. ,
I>esne (d the court, and of the king's coun-
oell, if they intend to proceiid aefainst you
for tteason, upon the statute of £d. 3, or
tmon the statate of the 13th of kingr
Cliailes the ISeoand, or upon both.
If they proceed upon the stathte of king
Gharles the Second, insist upon it, that the
prosecution for the offence charged in the
indictnent, was not within six months next,
after 'the oflVad^eommitt^, and indictment
witliiD thMo mouths after such prosecution,
which is reqoived by diat statvte;
If tbey proceed upon the statute of Ed. the Sd.
" l>esire the court and kinff's connsell, will
please to declare upon uniich of the trea*
sons declared in that statate, they intend
to proceed against ^oa.
If for treason in eonspiriog the death of the
Or for treason, in levying ef war.
And desire the evidence may be applied, to the'
particular treason thev intend to msist upon.
If they declarethey will proceed upon treason,
for conspiring the death of the king.
Oliserve upon the evidence, if there be any
pMitive proofe against you, of any con-
•piracy to kill or destroy the Idng, and if
tnis be proved by two witnesses.
And if there be any overt or open act, proved
against yOu for this purpose.
Insist noon it that it is nec^sary , by the statate
of £a. 3, that all this be proved lO this man-
ner by ^ witnesses, otherwise you ought net
to be convicted of treason by law.
AaA if a plaine ov^rt or Open act for this pup-
ri be not proved agatnstyou, but it may
some e^aenee conducing to prove or
perswade the jnry^ that you are guilty* of an
VOL* u.
Sidney. I deidre you would please to giv»
me connsel.
L. C. J. We can't do it ; if you assi^ us
any particubu* point of law, if the court thmk it
such a point ad may be worth the debating, '
■ "^ ■ — '■■«"''
overt act for that purpose will be offefed, in*-
sistujpon it that there ought to beexforest
proofe of an overt or open act committed by,
you,fpr this purpose and that etidmce, argu-
m^t or presumption of such o%ert,aot, will
not satislye the statute of Edward.
And if the court doe not altow this, pray coui^«
sell may be admitted to argue thfit matter for
you. *^-
And particulaviv if the evidence given against
- yon, besufficl^t proofe of thetreason charged
in thelndictme^l against you, and such proofo
of an overt act, t^ the statute of Edw. the
^ requires.
You must be watohjiill that in the evidence
against you, that tk< evidence for levying
of war, be not turned upon you as proofo
of an overt act of your conspiracy to kill'
or destroy the kio^, an4 by that meanest
turn that which will not be a sufficient
act of levying war, to be %n overt act of
your conspiracy to kill the |dng, and by
, that construction draw upon jou a con-
structive treason by argument and inter*
ence^ which is not declured by the statute
of Ed. 3, and by that sti^tute poght not ,
to be declared by any court i|i West-
mioster^hall, or any Qourt of 0yer and
Terminer, or ^all delivery^ or %Dy others
court but in parlmment.
By such constructive t^aflOns,tbelaw of Edw. '
the dd, may be eluded iemd avoided,which setts
the bbundsof treason and declares uiA nothing
shaU be declared treason, but what m de«
dared by that statate in any court whatever
but in parfispmeDt, if judges may be admitted
to lett m treasons by construction upon that
statute, it will beeo^ie of little 6r no avail
totbesiibiect
PHiy connsell may be admitted to aigue Ate .
matter for yon, no age hath admitted sudi
constructive treasons upon that statate, vA
ought not to be attempted or piaeticed in
age.
If treason for levying of war be insisted upon
against yon, observe thenne the prode of
^▼yiog of war by you, which is necessary
mtnatcasow
And this must not be supplyed by evidence^
argument or construction. ^ >
Pray connsell to argue this also as the foct f
upon the tryall happens.
Ana make the like observations and defonee
upon this charge, and evidence for levy in§|[ of
war aa ia the other charge, for conspinng
the death of the long.
Pyne's Case, tJro. 1. 4 Car. 1 , 1 17.*
He is no more iittto be king than Bjx^**
^vnright, as unwise a king as ever wtt^
* 8eeT<d. S,'p. 309, af thw CoOeeliotk
SH
Uii STATE TKUIS^ 55 Chauis II* KM^SHri «f J^mm JMi^t [lal
oounsel for no other reason thui becwuw yoa | you cowiiBl wiAool mSng. tw
' that Ihe oimt may «t4anlMd wkslber ii |e
adLU^wtiiini^iietgiaalit. Tbeowir^i^ bound
to leetbiit MitbiBgii* <lDae agaiaat yom but
vhat it according to the ruka of law. I woM
boi vory loth to draw the guilt of aay laaA'a
6lQod upctt me.
iSwk(py. Baa wHeiwy body oooAsol?
X. C. J. No.
Sidney I hovo Kivtfal pointe oS hm.
X. CL J. TcAlostbeoi.
Sidn^, Myh>rd,willyottQMiQgeiwsdutaiii
an i|pK9raiit idmi, aiml ^oofeaa Riyaetfaoi. «poB
haanaig my iadictmast for thia^ I biow not
of a long time, presently to raise a point of ln^w ?
X.C.J. It is DOti we oblige yoivHr. Sidney,
it is tkie low obliffw yoa. We are Hm ninisten
and so go?onied as ii^ver a fciag was,
' etc.
AdwdgjBd by all tbo judges in town.
TlM»ugh thif wosdi^Misi^ aa wvcked aa night
bet y^ ^f^^ W^ treason.
l][o]fw> by ^»no yartieolar statute,. n» W9rds
will hn tBea^oi»^ foir there^s no treason^ at this
4a(y biMbl]^ tbesututo^s Ed. 3.,
And tbo lodj/Ptment must be framed, i|pon
one of the points in that statute.
The wordo aipe biit ei^id^ce to disGo?er the
oonrypt heart of t}ie speaker^ but of them-
Bfltreo are not ti^eai^o, to charge the king
with a personal vioe, no treason.
pMoham'a case ^ indiictsd for a sermon nerer
nrinted* JM>r pneached^ and found in his st^dy,
ffioad, goXUx ^^ ^^^ executed, and many
judges of opinion it wjts not tveasou.
Stat: laCar. 3,^enacto
yheicoippwaingthe dealb <^ desiructijQn.ef
the kv^ or to kvy war^ anA <»xpre(WHig of
ii hg, wn^fffy B^^eaehing^ or otherwise
MThii&h. shrifts, iff was not sq^ belb^«
Relating to.atsib. 13 Ch.
Inst Sf f. 14, comnassin|r to levy no war, [the
nft soeww ViMcted bv mi8tako}no overt act ef
cons^uing tp. kiU. t^o kio&
l|hrogmoi'^*a.capat. in BioUivfdutd.
Hale'a o{)inioii.
Strafford's act of parliament.
The sftnoml #c^ u£ parUai»ent mada int.
S;S£d.S, and prink. £d. 6, U,
The st^ oC 1 £d. fi, 1% reduces aU.tieaiK>n,
and all § of treason^tc^thostat.
of 2^ £d. 3.
fit : It Ss the law says we may not aUowyoa a
eopy of th^ indietmeot. . Tlurrafiira do not g»
away and say thai wo as men sittiiig bve
impose npoo you, wo sit here only toa£nait-
ter the justice of tbe nation.
Jus|. ITt^Atna Sir, yon witt have a, tbttr
night's time to consider of objections in law.
X. C. J. If you will have n sead^ yea ihall.
Those tfainga tliat you may biire. by lav^
God forbid but yoaahoiU have thobeaefitsf
them.
Sidney. I deare, my bud, to hearilMi
again.
Ath Gesu Would yo« baroifrMadinlalia?
Sidnn, Yes^ ifjou ideaae^ IdonndpirtWM^
a little {latin.
Then the Indictment was read in Lstin.^
M tath^dootrines. of constcnciinatiasaMnO'
See this Collection, pauimj,, and pextieularJiy
ihesJKiuiients of Mc Erskuie, in theoas^of-
lord. Georgia Gordoni, a.xi. X7aO». and of Hai%,
« See v(^ 9, p. 66a» vol. d,.p. jSOSr aC this
C^fitUaeOGin. ^
t Thisshould rather be S.
t See ?ol. 1, p. 8a£U of this. Collection.
1 Hece.a^ifQtri afiseaifi to*be iU^giUe.
Sidney. What is that statute?
. L.C,J. When yoa oone to yenrtiial, Mr,
'Attorney witt teii yo* what ^tslate ho §m
UBon. And he magi give » cvidMBiceany ait
01 parliament that comprebeada tasaasn.
Sidttiey. MeAinkslie^itaiAisagrwbalstalalt
he goes ^JP^n.
Just withim. Sir,. woaU yoii^ bare a anr
indiotmeat for yon ?
X.C./. HomosttalBeittliseefhiatriiAtltti
day feiliught. Lbulenan^ of the Towov yw
may take the prisoner back agaia.
Then the rientenant of tbe Tower took aviy
hie prisoner.
0» the 81sl oC NeeMber, AkpeoMoSiAiey,
ea% wasi booiidlit to tbo bar M the oNrt sf
Kuig'a-beueb by BahcaaCoqms,. snd p^-
matioo for mfoianlioni being nad»» be disssd
pea^ ink aadpapsr^ whieh. were ^paatcd bin.
A$id he idso desipsdl that two peraoas,. vis.
Miw Wynn andMr. CSOth vugbt write fbrbim,
adiioh was.aiso aBowed kf l& oourt*
Col. Sidney, My lavd^ when I WBalfStberc
befbroyowtlordshipv Ididdesineaeflttyoftt/
indictment, and I Uiought the law dia allow it
me. But being in atok hurG;y,. oprriad &attft •
(aacrn« then led throngh soldiers^ sodsaivris*
edabsolulQ^, I oonJd wk i^ve that reissa id^
I tihought the law allowed moaoapy. ^f}^
I was denied a copy,and theioli(y- 1 was deprig^
ed of the benefit U aspociaL pleail dflfigpMd
to. hove put in. This would have bem.'* ff^
heip to youfi lordshipt and to mc^; the dew of
which hath be«i a gfeatpn^udioei Di«w,4Dy
lord, tba^ wbieb I thoa^i was ibw thcii,!
think I can give abeitar teelimony Hia^it f^
nawupontbostajkileof 46£dw. 3, wbcsaiA
iaos^onodfr liia^^loiit partjns el^lPvi ff«i^
that.iB» aUno^lasbalL hav» » copy ofevciy
record ; and it enumemltoa sOMsal nstfesA f^
wM that agpunst dio king as elJbeB ffi^^
• See Vane's Ca«o,.iSoL OiJV. 1^ lA IM
ofthiaCiillactiiir^ ^^
ThisitanMril law MBI k fti^: MylMd
MmBM M a 4)0fy4 ttod toy lont fitaffM,
and flic torfa ia Ika IWcr liad «ifie8 of tfaair
indietiiMBta. Ax^ under fiwraar» i thiak it
aerar maae naoeaBanr than to m^ tfaet«
Iftever Ia^W b^m^ Deriiapa» a ckaifa w hmg
mA m etnniaed. Ka#, m land, I hava a
my
capy tiaiiaenbad af Ihia atatate. {SbeirSii|f a
lto<]^/. (BirGeotaeMferiafe.) Wevemam-
bertkalaw vcrv wm. Mr. Sidoey did note
jfer b oapy of the indtctaMnt, aad tbe oourt
4knM hiiB then, and ao ahaH now. And y«t
•nil tbia whOe wa shntt dtey you nothiti^ tbat
ia law. Ymi ahall hava tka wht that beoomaa
« ant^lect in y<attr«aDdiliiMi. And we oMiat flail
yea, that nolwithatandin|^ all tbat eaaa we
nagh^noita have giTen yen aa mnck' fiivour
{pcrlnfain atriolnw) na we did* Aiid became
jofrdia nartioalnriy talia notiae afihe eaaeaf sir
llency Vane IaBt>tinia» I will shew yan tbe
coort did indnke more ta you than wasidana to
that peraan. In air Henry Vane's ease, br the
«|inian af all tha jnd^pes, it was declared, That
aoeofiy uQ£fbt la be fiven, neither of the whole,
■ar any paii of the indiotmedt, exoept they
nhew natter of kw. But yonr eouneil, ainoe
▼on weot awajr, moFed for the copy of the ia-
SirtBient; and to satisfy iimOf I direcled tbe
caae that you took notue of to be read in the
conit : And I dionght they had been safficunit-
ly antisfied* You had the indictment read to
Toa in Latin, which was denied in the case of air
llaniy V^ie, And there is a later caae, known
in BMat peraona here. By the opinion of all
the judges of England, a copy of the indict'
ment was denied to my lord Rusa^. There-
lore arraign him upon the indictment; we
jwiataot spend oor^ tmie in diooounes to eapti-
vate the people.
Sidi^. Is not this a good law, my lord ?
£Holding out the paper.*]
L. C. /. You hnre the rule af the coart.
Jost. WitkMu, Any thing the law will
allow you^ you shall have ; mit I am sure if
jaa did adviae with yo^r oonaael, tbey must
tdl you the same thing.
80 the clerk of the erown called the jnry, aad
after aevand challa^iaat the oamea of the jury
were as ibUow :
John Amswr, Richard White, William linn,
Lawrence Wood, Adam Andrewa, Emery Ar*
K, Josias Clarke, George GKsby, NichoUs
ar, Wifliam Reeres, William Grore, and
JkibnBart
JL C /. Loajk yon, gentlemen af the jury,
llMia are aonne gentlemen at the bar, aa we are
ioibrmadare apt to whiaper to the jury ; it is
Bp part of their duty; nay, it b against their
4h^. And tberefinw, gentleatien, ir youbc^
any of them by you that oSei to whisper, or
make oammanisu this canae, aayoa are upon
wear aaiha, aad I doubt not but wtH do juiat
Sflly between the kmg and the priaaner ; no I
aspect if yon hear OSt Joaasrl ssy any thing
wiBinftrm the aaw*. Lat aa havaao
bntaftvtrfdiaGodS
STATBHUAUI, SS CaAUstIL lM5.-^>rlii^ftodM)fe (MS
€L ffCr. You that «fe aantva, tank npan
flha anaoUer, aad haaitoan to his eaaae. Ha
ataadb faidicted by the name Of Algenmi ttd-
hey, 0^ &e, (aa in the iadiettneai) your chasga
ia to inquire, ikik
ilien PkodamatioD for ]tvidence was ttiade.
Mr. BottKu. Mty it plaflae ynar Bardship,
and yaa yintienieii that nfOfeworU) TUtiaan
indMlment ef high^traHon pteflnted agauist
AiestnOnSidney, tbCjgriiMmaratthebar* The
tn£otiiientnel8ft>ith^ Tbat he^ ana Aba tndtor
agsinat 011^ moat tllnalriotta prince, Chorina the
Second, his aaiaral laid, not baaing the Ibar
of <9od hi hia hant. /be. an the 30th of Jane
in tiM95th year or the kaajg, aad diveia other
dayaandtimea, aawell before aa aftef, in the
pariifhofStailesfaitheFftelda) inihaooouty
ofKiddleaex, tnutDroualy, wUh di?«ni tmitnra
unknown, did eannire the death of the kingf,
and to lery war witnia the Idagdam. ^ And, to
complete these tiaitaraua purnoaaa; did than
and there maKcioinly, advisedly and tmiler.
ously, send one Aaron i^akh mto Sootlaad,
to aaeite aotae ill-diapaaed peraona of that khig-
dom. to eome into this, and to oonaoit with the
aaid Algcraan Sidney, aadaiihertraiiori, afaod
upon assistaiiiGa fixiro the kii^doni of iteotlaad
to oofcnr on those dcaigns. And the Midime&ft
8etaiafihlurtfaar,tfaatia petaonde chepeogia
of£ng)aaditwaalawfiiltoraiaerriidtioa> %e '
aaid jUgcvnon Sidney did caase ta bewvittau a
fidaa aeditiaua hbd,* in which ata oomahMSd
these English words, «Tha pbwar origiMdIy
m the people of England ia delagated unto the
parUaaant. • The long is anbjaot to the law
of God^ aa he is a aMm to the peopk that mdBas
him a king. In aa maefa as he hi a king, the
kw aets a meaauta aoto that snl^eeliM, dtc'
(aamthekdietdieot.) Thk k laid to be aguintt
the duty of his aHegiaaoe, agahist the peace of
theking, hk crown nnd dftnity. and aMinat
thetbrmof the statalak that aaaa maft aad
providsd/ If we prove famigiiiliy, wedottbt
not but you wi|l find it.
Atiam^ GenierM. (Sir Robert Itowyei.)
My krd, and yau geatMoaen of tbe jiiry, tbe
prisoner at the bar stands indicted of die high-
est erimas, the eoaapiring the death «f lite
king, and the ofarthrow af the Ea^ah mo-
narchy. Gentkmea, we ahall uae this melbod
in oar evidence. We ahall shew by Aiany wit-
neases, that ^ere waa a design of raising aad
making a rcbeHiaa withintfaia kingdom. F01-,
gentiemen, you mast take notice, aadlthhdc
mere k no Englisbniaa but doea befieve, ^hat
foraeveral years last past a design was laid,
aad ibr that purpoae leveial secret inabttalSMn
were nsade aae of, and pnMk iibek apread
akosd to pavaaade the paopk) fliat the khl|^
waa mtrodadng arbitrary power, thitt heaol^-
▼evted all their rights, liberties, properties, aUd
whatever waa dasr to them. They enA^avoav-
ed to make the world believe the king wa« a
papirt« And wfaea, gentlemen, by such eirata-
they had woml upon many inenulelodh
whi« tlMy te^ihi «My hhd goHik a
Bd9] ^ STATE TRIALS, 35 Chaelbs II. l683^7Wdl €f Mgermm SUney, [840
auffiewBt partar, then UmrewisaiMgDof aa
X cpea rinDg, (for tiiey tlMogfat iH thii^ wore
.l^eocd) wid tbai wis to be in sevoaljiaitt of
ibe kingdom. Some peraone, to eflect thk
'dfltigD, were for a preaent ematirnatiwi of the
lung. Others woiud do it in a more Air and
gentle w^. They thought it below persona
of that g^reat quality as the prisoner is, and
therefore were for doing it by open force.
When we have given that general evidsnoe,
We shall then come to shew yon what share and
part the prisoner had in this design. For cer-
tainly he was looked upon as a very eminent
fierson, whos^ education abroad, and former
practices at home bad rendered him fit ibr to
advise and proceed in soc^ affidrs. We shall
prove when these matters were ripe, tiiis gen-
tleman was of the council of state, of the six
that were^ manage this matter of the rising.
We shall shew the several consultations they
lield ; one at Mr. Hambden's house, another
at the house of my lord Russell. There we
shall acquaint you what debates they had ; for
, they acted like very subtile men ; and there
' they debated, whether the rising should be first
•in tne country or city, or both together. They
came to a resolution it should be in both places
at once. Then, when they had asserted that
poiut, they come to consider the time of rising ;
and upon that they thought tit to call in aid of
•Sootluid first ; and that was this gentleman's
partjoul&r province. For he, being a man of
ffreat secrecy, was to send an emissary into that
Kingdom, and invite some persons over to treat
with them about it We shall prove that an
emissary was sent, and this gentleman gave
Lim a considerable sum to bear his charges. We
shall prove that several Scotch genjdemen, in
pursuance of this resolve, oame here to treat
with this great council of state, aboat this affiiir:
-and sbail make it appear to. you, that as soon as
ever the least discovery of this plot was, these
persons concealed themselves and withdrew, as
the rest of the plotters thatliave fled from jus-
tice.
Gentlemen, this was not enough for this gen-
tleman tp ^consult on these several passages,
but to demonstrate to the world, that bis bead
and heart was entire in this service, and that be
might ci^ry it on the mpre effectually, he was
at ttiis very time, when this emissary was gone
into Scotland, preparing a most seditious and
traiterous libel ; we iosunce in some particular
words of it ; but we shall shew yon, that. the
whole design of this treatise is to persuade the
people of Jsnglaud, that it is -lawtul, nay, that
they have a right to set aside their prince in
case It appear to them, that he hath broken tbe
' trust laid upon him by the people. Gentlemen,
bn does use in that treatise several arguments
drawnfrom the most rebellious times £at ever
were in England, from tbe late rebellion (I must
needs use that word, notwithstanding die act
of oblivion, when a gentleman shall now .at-
tempt to do those things forwhich he was par-
4oned then) and from other kingdoma, where
rebellion biath^baeDproaperMit against piaoea.
Then he fidis to roasonintr,^aod nseagrsat rea-
son in the cMe, that aU me powerof thepriaoB
is originally in the people, and applies tfaatdis-
ooorse, thatlhe^power of tbe king was derived
fhmi the people upon trast^ and they hadsl-
ready declared the long had invaded their
ri|fhts, and therefore he comes to aig«e,thiy
oQpgfat assiime that original > power they hu
conferred. And he tells the king, that ii nohaid
condition ; if he thinks it so, he shovU lay
down htl crown, if not, he threatens the con-
dition would k)e exacted or otherwise should
be revenged by those be had betrayed : and
who but this gentleman and hisconfede-
tales, that thought hiaiself not only aUe
ttf govern this nation, bat manjr nieatf-
chies, should call him to account ror it ? Fw
he lays down this {nindple that though all
the people do rise against taeir prince, itiana
rebellion. The whole book is an ammMOtAr
tbe people to rise in arms and vinmcate their
verongs. He lays it down, That tbe kiaghai
no authority to dissolve the parliament; hot it
is apnarent the king hath dissolved niaov;
therefore he hath briucen his trust, and invaiM
ouk' rights. And at last concludes with dut
passage laid in tlie imlictment, <We may tbfss-
lore shake oiTour yoke ; for it is not a yoke we
submitted to, but a yoke by tyranny, (that aisit
be the meaning of it) they nave impossd on m.'
Gentlemen, if we prove all tnese mattenl)
you, I doubt not you will do right totbeld^;
and kingdom, and shew your abhortence oi
those republican principles: which, if pat in
practice will not only destroy the king, hot the
nest monarchy in the world.
Solicitor General. {Mi, Finch.) Pray eaO
Mr. West, [Who appeared.]
Sidney. I pray one word, my lord, before Mr.
Westbesworn:*! have heard, roylord, Mr.
West hath confessed many treasons, I deare
to know whether he is pardoned or no?
L. C. J. I don't know that.
Sidney. My lord, how can he be a witseei
then?
L.C.J. Swear him: for I know no legal
objection against him. He was a good witaes
in my lord Russell's trial.*
Sidney. My lord, if another did not except
against nim, it is nothing to me.
Mr. North t Pray give an aoooont to die
* See p. 61.S, of this volume.
t After a pretty foil account (into which are
interwoven many animadversions of this trial,
Ralph notices, that «< Mr. North, who had bit
share in tbe iob, has left a posthumous deAooe
of it." TbefoUowingisthe passage (Exaoen,
406) to which he alludes:
«* The next trial he graces with his eonunent
is that of Mr. Sidney, of whose treaeon I shdl
give an account. This •person's case, of oU
those that suffered for this conspiracy, ^
most pretended to have been hud, ^'j^,^^j''
to have been strained against him. Therefoft
it is but just to the times to shew tbe iittiecasie
there WM for itj aDdthislAhalldoyasai^uff
^4l] STTATB TRIALS/ 35 Charles IL l6^S.^f(fr High TWmmi. , [842
<9eart4ifwbatjoaknowof a geBeraTiimirrec-
tioB intoukd in England.
Sidney. Whatheknows oonoeraing me.
L. C. /. Wewiil take care of that, tbat no
eridence be gntssk hjot what ought to be.
. cooeenia of ibis hntory, by Movrin^ the au-
\hor'» steps ; for he is now a pioquerer, relate
nothk^ bothy wftv of cavil. At first he was
not pleaded with the witnesses, and now be falls
- tool upon the proceedings ; and, as to this, says
not one word which is not a libel and false ; as
fiwt, That Mr. ^ney was not taken np directly
Kir a plotter, bat for a republican and a fanatic.
1 most here note that the fallacy, which runs
throngfa this whole libel upon the subject oi
'IMDev's case, is this. Mr. Sidney was a de-
clared commonwealth's man, and it is to be sup.
.pooed that, wbaterer aim others had, his en-
gagement was upon thecommonwealtb scheme.
•|Now tl|e author would drop the treason and
tsuhrtitute his commonwealth principles, as the
only qnarrd the court had to him ; as if a
. -commonwealth's man could not be a traitor.
^Thk win appear more fuUf in the sequel ; but,
in the mean time, the mendian instructor him-
self oouMnot have insphred a sentence more
-laise than that above is. For he wastaken up
dh«etiy (bra plotter and for nodiing else ; as
both the warrant for his Commitment and
"^le in^ctment against him (of which aiter-
- wardi) will shew. There was an express proof
of a treasonable fact, and desperate one too,
»by one witness ; and that, after the pre-
cedents in Oates's nlot, was sufficient to take
up and commit for high treason. But the ig-
norance here is as gross as the falsity ; for a
man cannot be taken up and committed for
high treason 'without an oath of the treason
in overt fiiet'especially expressed hi the war-
rant.
" The libel is very concise, in so few words
to comprise so much falsity and nonsense : but
^what tallows may be excused of the latter,
havinflf a full complement of the other. For it
is no less false, than scandalously and impu-
dently affirmed, that he was observed to say
little m his defence, as knowing whatever he
•would say would signify nothing with tbat ju-
dicature who, he thouglit, had prejudged him.
To this first, what is pretended to be observed
of his saying little, is a brazen untruth ; for he
said a great deal, and made an elaborate
and strenuous defence ; and being well
^aUe; he sustained* it with all the advantage
this cense would bear. Then as for that ser-
pentine insinnation " as knowing," and
then — : — «* who bethought," one would ima-
gine the author libelled by the advice of counsel,
-using a language that shuffles, but affirms no-
thing disprovable: as if he were consciopsly
. -afraid to be indicted for a false libeller of the so
rereign criminal oourt of justice. But really
-It is not so; he uses that dislect only in imite-
tion^his authors and authorities that, being
-obnoxious, used to write so carefully; but he,
4iidii|g bimseirsai^eomestflftfaecalefforieverT
Sidney, Is it ordinary that he sboaki say any
thing, unless it be to me and my indictment P
i. C. J, Mr. Sidney, yoa remember m all
the trials, about the hue popish plot, how thei«
was firat a general account given of the plot
rpundly, saying • And so it was really and ia
effect,^ viz. that all defence was vain, for the
Nx>urt had prejudged him. I have not met with
atay thing of the gemit ttandalceum so aggra-
vable as this. . Bat now, if he has fbund a good,
sound, and oonvincing reason for all this, who
will not> clap him on the back^? Well then,
a reason we sliall have with a « For, as the
learned sir John HoUis [Hawks] bath well
remarked.' This reason is tmrned into an au-
thority, a transcript out of the learned libel of
HoUis, wrote with notoriotts malice to defkme
all the law proceedings ofthis time ; in which
hetbuUy, evasively, and talsiy tradooeth this
trial. All which the lanthor making his own,
by ve there a reason ; which may have some
farther notice taken of it afterwards.
*< But, in the mean time, I think it belong*
to candour, where the appeal is to judgment, to
make things as ftirly understood as may be,
and not to hang upon characters or censures
only. And, in particular, this base dealing in
the author makes it reasonable to give here Mr.
Sidney's case truly stated ; by which it may
mear, that (according to common justice and
the law) itoould terminate in noting less than
anattsinder of that misteken g^tlem&n ; and
therdby to vindicate the prooeeding and sen-
tence, Ivhich those men and the whole fanatic
party, at the time and ever since, have been
bold to traduce. And then 1 will shew the
knavish sopbistryof this Air. Malice, as, from
the genius of the person and sense of thingn
rather than similitude of sound, the wags used
to style the aforesaid sir John HoUis." [It is
not unlikely that North perveited the name of
Howies into HoUis for the sake ofthis wretched
attempt at jocularity.]
*^ Mr. iiNdoey was indicted for conspiring
and imagining ihe death of the kins', which is
the first Mc\e in the statute S.5 £dw. 9. and,
by construction of law thereupon, it is understood
that, notonly the life of the king but his liberty
and power to exercise his government arc
equally under the guard of this article. So thM
if tlie evidence be of an intent to seize or im^
prison the king, or to master bis forces thai
guard his person, though it appear not that the
intention was directly to bring the king to death,
yet it is high treason witiim that article. For
It is found by experience tbat, in the case of
kings, loss of life is the consequence of loss of
liberty. And so the law stends decUred in di*
Terseinstances, about the time of Gates' ptot,
Sursuant to former resolutions ; and the lord
tussell's case was determined upon the same
law. But, since tbii article charges the intent,
which is the act cf the mind, it is addeilthat
such intent is to be made appear by overt facto :
which creates a distinction, upon the common
aoUoQ af high treason, between 6i^ that
art Ike tieiaoB, and lactf tiial mm mAj the
0fttt endtmoi of il ; wliieh ktter may be
« thenselrea iaiiaoeiitf but, as tlicnr dacsiafe
m Boooit uilflBt» an vulgarly, but inaiequalelj,
caUadthetnaaoB. Theothe aame bw hatk
nravided llial» far treaaon, there ahaU be t«u
Uwfiil aoDQsera, that ia wkntaa<B ; which, by
judgpoMut of lamr, ^(oea to the treaaon in the iu-
4io£neiit» via. the 'latant, kc.* but not la every
oveK (hot bnaught to evidenoe that intent : ler
il ihene be tiro overt fiMsta, and eaoh proved onfy
liyenewitBeaB»that ia two kwivd aoraaeraof
ue treaaon charged. And ao the lew ia left
Indubitably aettlttl in such caaea, whatorer any
libeUioglawyer hath pretended, or ahali pretend,
lo the oantrary.
<« In Mr. &dney*s caae, the ofert ficta,
chained, were firat, the being of a council of six,
^at met for managing the insurrection, whereit
was tcaolred to caU intheSceta ; and beparticu-
lariy undertook that provinoe, employed Aaron
finnth, and paid hia cnargea. This was proved
yoaitivcfy by the bird Howard, who waa one of
the same' council : And, I think, is somewkat
more than being, as the author says, a com-
noB-wealth's man. But to this feesUmony ex*
press he halh now nothing to alledge but that
the priaoner ebairfntely denied it But even
that n not true, thougn it ia aBowed a man,
open a trial, in defence of his lite, lo deny ail.
I camot find one expression in the colonel's
large defence, which amounts to a denial of hia
being of the council of aix, or of his sendmg
Aaron Smith, or of any thing my lord Howara
aud poaitifely of him. And we may allow the
Mithor 80 mtich upon this gpentleman's veracity,
who was of a noble fiuoaily, though gtoe of
nrindples like the Greeks, tfiat made it an
heroic action to kill kmgs (iiien called tyrants)
4hat be would not vent a dnuot lye in the ftoe
of the court, unlesa hia pleading non cuT bene-
flounied ao ; aa when a asan, for deby, pleads
^mmett /actum to a band, he may be aid to
^y ha hand and seal, who would not do it
eipon the i|aestion fan tiie foee of the court I
any, allowmig the author even so much, yet he
Is a falsaiy in saying Mr. Bidney denied what
he did not deny ; m he argued indeed very
^eutdy against the credit of my lord Howard's
iestimoDy, upon topics of insprobability, and
diiqparagemeBt of htub See here now an au-
thor that will affirm at a ventm^, to aarve a folae
Inra, udmt the prisoner would not do to wtsfft
WaUfo; andifhehad.daBeao,aalotbaau*
ihar'a foroe of argoment, it had been nothing
to the purpoae, bc«anse nprisoMr'sdMniliano
Irstimony for him.
<« Bat HoDia hirpa aloe, aa the author oilss
hiaa, upon the wuakanm of the loid Howod's
tsstimeny; ayiag ' my lard Howard waa
a^^^^^^m^w^mHm% ^vw^^h ^^^ j^^^^^^^^w^^j ■ mm^^POT w^ww^
S45] STATEIUALS^ ^S CaAUBe H. i663»*-1Wff ^ Atgtrimm SJbkg. t^M
in Cokraan'a trial, andao in Fluliket'a» and I Mr. JfeKA. Mr. Weat, What do ye»kw
others: I^notdoubtbatyottrBmaaaber. And of tim goieral insurteetien lutely lasigned F
air WiOiaa Jonea,agBinat wfaoae judgment,! Mr.lFeit. My lord. Iliave bid the honoor
helievoi you wont olfect. waa attorney at that to know ookmel Sidney a^veral yearfe: but I
"" — do notrevMnber that! ever aaw him naoitlM
I ^
I
* according to hia vain cuatam.' Age whnthe
swore was not true. We shall see bow thej
daub on their ooloum anon. In the mean tiaae
we proceed tp theeeoond overt fact, chai||cd
in this indictment ; and that was a book whiA
he had, some time before, wjeSe, upon the suIk
ject of a coHWionwealth, against meonrehy :
In which he set up principles j»d positiena
directly inconsistnt withJhe English gevmn-
ment, as are specified in the indictnsenft. It
appeared in the evidence that, at the eery tinm
when he was taken, and Ma paper* asised, Am
book was brought forth and my upon hia desk
with corrections evident upon it ; and in that
posture it was found at the discovery of the
Rye Conspiracy, intended^ as was trndiratnad,
to be then publisbed ; the whole drift of it be-
wg to shew it was hiwlhl, commendable and
•necesaary todewhathewaa about»that ia ta
take up arms against the king, and lo depose
him. This beii^ioiaed with the other circam.
stances in the case, and upon a full proof hy d^
verm witnesses, and oompariaen of hand Wntiiy
that the boodL was wrote and corredcd with hm
own hand; the court took the book asaaolher
overt act of ihe treaaon within the indictment.
It is to be remembered, that it inHiorted not
whether the book itself was treason ; foraa
innocent fiiet, aa whettiqg a knifo,or the hkc,
jdned with drcumstanees that conatrue it done
with an luteot to com^aas the king's death, is
an overt act Nor is it material whether the
book akme, without the ejLpium trsaaaa pvaved
had made good the iadictamwt, or not; ftrbure
they were both together.' The prisoner never
denied the book, kit put it off, sirring, < he waa
* not to answer for any thmg there.' And al-
though all this is in print, the audmr has dm
front to my, * it waa never proved to besooHMh
'aahishand.' What will pot he s^ymtaan
that? Iniayjostlymy therewasnot only the
common proof of file opinion of witncaase, bat
writings produced and sworn to be hia haMd, aa
bifia, and letters, and compared in court? bat
the prisoner made a4soasidemUe defenoeagaiast
that sort of Sfridence. And I remember well
one Mr. Goodwin Wharton alood up and aaid
< give me any writing, and I will in a quartm
* ofan hour bring another 60 like, aa^wrilar
< shall not distinguish them;' or to that efieot ;
andoneof the judges said, «8ir. You migbt
< have spent your tiam better.^ if Oalahad
brought sueh a praef to any of hiacoaaaHa-
siou^deo. IshovAdhaviebeaanconycrttohii
plot
" But now, ta take up l^gain with the ka^
Holtti, who hath atmy this nmeeedmi
aa hia quill wouki eater, ana we must
rfly have to do with bias, beoaan the
h« ao takea him into hia twMt, that we
t heataiwtfae taFoarticlea
tU) nTATKIIUlJB^ 55G»ABtM IL iCid^-^ITigdlTVwoii.
Weu. My lorl, in October lasl, oiptam
WalooicMM torne^ and told me tint my lord
ShofteAurf faid deagned an imartcetoou m
Nofember; I eeed wme amimentB to dnr*
smidekin from it. Bnta fitUe aftcf^frardi he
came and told me, fhe thki^ waa whoDy ifitep-
poiBtad. and then it went off, aod my lord
SliaftesDmy went for HoHsnd. Colonel Rmn«
say afterwardi, about Ghriatmas, said there
were some lords, and gentlemen intended to
make aft inaurrectton ; .die penons were the
dvke of Moamonth^ my lord of Essex, my lord
Howard^my hird Russeli, Aepnsooerattbe
bar, and Mhr. Bampden, jrni. Aner sometime
ha told me tkey kad akered their measives; and
ware resolved not to Tentnre upon an insmrec*
tio»in Sngtand, litl tkey bad a eoaearrency iti
Seotlaad. MIerwards I was not prtty to any
thmff fHe^ bat what I had the report of from
Bft.NeMtfop and Mr. Ferguson. Mr.NelArop
toM m# tbeprisoner had sud-— —
Skhtn, My k>rd, I am rery ottwiRing to in*
terrupt Me rentfeman^'*
L. C. J. You moat notintermpt the witnem
Go on, Sir.
w€$i, Mr. K^eitnrop fold me, tilie prisoner
at tke Bar ImmI asnt Aaron Smnft mta cfcotbuid,
and gwen bam a snm of money to bcotr his-
ekar^s, and sent letters to some Scotcbrai-
tlemen to invito'them to town. The I^er borr
a cant of settling some business inCaiolInaj;
but the business was coming up abontthe in-
surreatian. After this Mr. Smith retailed, aiid
some Seolch gentlemen with him 7 and soon
after Mr. Fermon pre an account of that
a oommon- I aftiv, and said^ thfe Sooteh proposed, tf they
Tk#paJisagiB, I asanlisiied, shew migkt hare thirty thousand pounds in reiidy
die btaa was so strong, as znonarcb^ waa KkM money, they wofdd nndierfaJbe to make an m-
snnetlion m Scotland, without the otmciirfsuoar
tlMl
•piraoy, til) tke'dlsoovevytkaawaa at theoovndl.
Mr. JiwMw Pray ^o an aeaomn of wkat
yon IsMW of the pm m genmaL
— ■ ■ ■ —
Mr. Sikiey, ibat, tke sandmsr into Scotland;
secondly, the treasonable boA, which, bgr tke
-way*, ia not ezpraased an an konesi kHryar
skaidd; for the aiiicla, of crime, waabatooa,
that ia * compassing tbe deaii. of the king.*
TliMStsiro were apatketrcoMn, but tkaorcrt
focta, wkich need not be criminal in tkemseiyos
aslnalMt before: bnaaUtheae harpers atrike
upon thai string; m falkmfl» groaa tkata
kwyer should be sahamrd of it. Suthe says,
« He (Bir.Sidney) waatalkedto death under
« the notion of a common wealth's-man, and
* fosmd guilty bv a iuiy who were not much
« maie proper jvigaa than tk^ wo«ld kaiia
* keen It wkat ho had wnto, had been done by
* hiaa in Syriacer jliabie * latluB ingeiuKMis ?
Was the ouesliBnLnpoB tke nMritaof tke book,
whalfaartke cfMSW «f nmnblm wBemadegoad
againalBBonarekyornser Asi^bythccofonay
of that book the treason waato stand or foil.
Itiafoolish U my ^iiuj were not jodra
of the controversy, which was in no sort me
question. But yet an well the jury, an att tke
nyieaM^ that owned Eaglish for their mother
tongue, «ooald understand, oat of tke indsciBent
wiMB ia waa read, the moenti)re puBsagaa, to
slimpaebellMv taken evtaf il ; enoogk to skew
wkat he intended by the wkabeonnactad with
theSafltdt niitfstinlionb Bnt hem the author
dumea in and says, * it was but an' easay upon
with nbiaa towards
by tie smans Butitisajat, that now,
thejni iksirsi^ tha» bosh, aa tke nntkotkatfc it^
ia found veiy innocent, becanaeitis prinspd,
and nobody 4iMstiBMid for it JOn not we
knosr thnfcthapraflfteCtka cep^ in snekkanda
aekadfoaaUE^ wonkl gel the bettor of any of-
fanoeadiieh tliegoe^mment (then aaoova from
eedttion, ov angi papulas proianaionrtoonW take
aathepamcipinahafalifortkin itP Botit beiag
for frioids,'say they, kt tbeaa make theb beat
of it But. theiw ima been \imea when the
Mnsi^IeK held forth m this book, wouMhiwe
been takemnetieeofiiy tke gofewiment The
aeopeefia being to shew that the people, at
tkmr'mera plsaanra, amy appomt who shall
kaadtke rsbbto,call»parihimenas and depose
tke Idn^for any goB«pnasenl^ for tke ai^gfament
gnaatoaifcahfes)*ifbabeneta good servant;
andtkelike tootadtoneto pardoulariaa. Tkis
is whatqnafomana kiatwiM mnkeeto be only
atitde warpmg. toward* a commonwaaltb, for
wkich his wise Eiiwyer says, with parallel ho-
thathe ima talkedtodaath.'
aanroch to^wnrp-oar
bf asBoting ematterefcon-
'lhmnpsa.no ether anlhowty than tholf
of theaiaHto^ whoae justioe wharemadethe
•thi^ in IMhsv ThMlteatibn of thar
of low, «a mi^ he more authentic and dear
of theaaftotMNia preteooes, teshewtkatamanV
hand-writing, or any writio^ aa they may be
found and circnmstantiated, may be construed
an-owrtfoet of treason. And (to inakesmre)tbe
citation shall be of a case that happened since
theretehition; and I am not certiJn, hot thnds
this same lawyer Hollia waa on the shks of tfaw
praseeutioii- to mvethe matter against die pri-
soner: and iff ii the case of Mr. Xohn Ashton.
He waa tucen with the lord P^reston, aa goings
oyerto France tn* time of war f and, upon
aesrob,' a paoquetof papers was found inlhnr
booom sealed up; And*, in that packet, wen?
found dif ers treasonable papera, some of tb#
lord' Preston^ hnnd, and some offoAer hands^
But, as to Aahtur himself, there whip no pre«
tence, much less proof, that any of tham wenr
wietebjr him r nar could it be made i^ipear
thatheKnewthecontentaofanyofthem. Amf
yet this packet^ so found, was cooatroedaii
overt' act' of high tk«ason) because of'die suk
picious cirenmsCsnces under' which' irwiB
found ; and Ashton was attaint and aoftrad
thereupon. There is a case now, which beings
ui print, the author may carry to hirlaivryar
""" and take hirophnonnponlt.''
M7J STATE TRIAIA S^ CharUs Ili l6S5^Tfiol ^ jttgermmSUiug, [84S?
of EoffUnd. He laid this proposal was ag^reed
to, and money would be soon ready ; . and he '
8ai4 that Sheppard woald return tne money.
That the arms were ready bought, and my
lord of Arg^le would go into Scotland and head
the Soots. , He told me when thi^igs were thus
settled, some difference arose .about raising the
mon^ j^ and at last he told me^ my lord Grey
did offer to raise 4en thousand pounds out of his
own estate, if the rest would pay their propor^-
tioD. Then the Scots came down to less, but
^at would not be complied with. The ptoces
ibr the rising were Bristol, Taunton, Y.rk,
Chester, Exeter, London. That there had
been some debates, whether they, should begin
at London or the other places, and at last it
was resolved they should begin at London with
the rest of the places.— My lord, this was the
account I had of the matter in general of Mr.
Ferguson ; but he said they were disappointed.
Afterwards he told me the prisoner at the bar,
and major yi^ildman, were very instrumental in
working of it off, because they could not agree
upon aSe declaration to be made upon the in-
surrection. Th^ English were for a common-
wealth: but the Scotch gentlemen answered
fairly, it might come to it in time, but the noble-
men Uiere would not a^ee to it at present. As
to the prisoner in particular, I know nothing,
and did never sp^ with him 'till sinc^the
discovery.
Att, Gen. Colonel Rurosey. [Swom.j
Mr. North, Pray, Sir, will you give the
coqrt an account of what you know of any in-
surrection intended, and blow they designed to
carry it on ?
Col. Rumuy. My lord, the latter end of
October, or the be^inninff of November, I was
desired by my lora Shanesbury to go to Mr.
Sheppard's to know of the gentlemen that were
met mece, what was done about the rising in-
tended at Taunton ; and I had their answer,
that Mr. Treachard had failed them, and that
it must cease for that time. That was all at
that time.
. Sol, Gen. What else do you know of any in-
Mirrection afterwards P
Rum»cf, After that we had several meetings
at Mr. West's chamber, where we had divided
tiie city into twenty parts, and seven parts Mr.
Goodenougfa had brought an account of; the
other thirteen be said nothing of; for he had
not spoke vrith diose that were to tell him how
many men th^ would afibvd. There was
there captain jv akeC, Mr. West, the two
Ooadenoughst Mr. JBorne, Mr. Wade and my-
JL C. J. What was the result of those de-
bates?
Rumsey. To see what number oCm4m they
aoiild produce in the city for the inswredign.
X. C. /. Was there a rising desigi^ ? '
Rumtev. Yes.
L. C. /. And did these people meet P
Riinuejf, There was do time set
<Sp4 Geih Wjien was^^he maatiDgf
Rum$i^» There- were sercnl mwMinn • in
March, and April, and May.
Sol, Gen. Afler the meeting at Sheppard's ?
Rumsey, Yes, a great while. . It ooased, I
think, sik weeks or three months.
X. C. J. Who did you meet with at Mr.
Sh^pard's?
Aumaey. There wasthe duke of Moomooth,
my lord Grey, my lord Russell, sir ThouMS
Armstfongj Mr. Ferguson, ahd Mr. Sheppard.
Sol, Gen. Who did yoii«3Kpect slHMikl besd
this army ?
Rumtey. That was never said any thing of.
!Att, Gen. Who were to^ manage therising ?
Ramsey. We that met there.
Att, Oen. Had you no expectatioD of great
men?
Ramsey . Mr. West told me, and Mr. Good-
enough, that there was aoonneil, which wen
the <mke of Monmouth, my lord Essex,' my
lord Howard, colonel Sidney, Mr. Hampden,
and my lord Russell, there were six.
JL. C. J. What did he tell you^them'sirf
Ramsey, He told me they were managing a •
business with Scotland.
JL. C. J. A business, pray speak plain,' tsB -
all you know.
Kums^, For the insurrection.
L, C. J, Say so then, we know notliiDg of '-
the business you were about.
Ramsey, My lord, Mr. West had that dis* '
course with my lord Howard I never had ; he *
is more fit to speak to that than me.
L, C, J, Speak your own knowledge and no '
more.
Mr. Jbaec. After the death of my k>rd Shaftes-
bury who were the managersy'ana were to carry -
it on?
Ramsey, I told yoo^ Mr. West aad Mr.
Goodenough did tell me the duke of Blounoatbt
my lord Essex
Att. Gen. > He told you so beftire. Do yon *
know there was an insnrractidh then inleaded?
Rumsey, Y''es, because we met towards the *
paanagement of it; the company that met at
Mr. West's chamber, and o^r places.
Ait, Gen^ What discourw nad yon wUh
Mr. FeigosoB aboat it ?
Rumsn* Not aboutihose gentEemcn.
Mr. UtoriL Thenezt thing we shaU shew,
shall be that theScotohmen caDietotown.
Sidn^, My lord, I must ever put yen in
mind, whether it he ordinary to eaEamiiie men
upon indictments of treason oooMmiag me
that 1 never saw, nor heard of in my iiie.
L,C,J. I tell you, all this evidvoe does sot
affect you, and I tell the jnryao.
Col. Sidney, But it prepoasesvetliie jory. •
Mr. Kdling called and sworn.
Att. Gen, I ask yoa in gCBend,*what vaa *
know of the rising to have been test abringf
Keiling. M v Im, it was some time lael siiaa* *
mer, Mr. Goodenough came to me^ and-hrodf^ *
me three papers numbered en the backside; I
asked him to what end be dcdiveied them mef
•49] STATfi TRIALS, 55 Ch ttiBft II. 1 6§i^i» High Titaaou.
MifwHto ««^er tnro to wboa r ooald trast in
the tiro dbiaoiu. 1 taHud him» wlwt wu the
toigMP He aaid, «» ruse men. Stvs I, da
vw denfB a oeoMl msorreoticm ? Hesaid, if
M did 11^ if iie king wm taken off this woald
do well; for then people would know how to
luivn reooorae to a formidahle body. And I
hare heard him ny, that colonel Sidney, whom
I d«i*t know, had a oonaiderabie part in the
nanafpamentof that affiur.
Att. 0€H, We charge him with oorspiring,
and there must be confrderatea in the case, now
iWn we oome to the pnMNier, we will call ray
ford £foward, that was one of the peicNMis that
didoonsidt.
The lord Homard sworn.
AU. Gen. Pray aoqnaint my lord and ttie
jury 'of your kAowkt&e, of what transactions
there have been with 3ie prisoner about Uiis
ttffiJr of the genersl rising.
Lord Howard, Truly, my lord, in the enter-
ing of the endence 1 am about to give, I can-
not but observe^ what a natural uniformity
there is in truth. For the gentlemen that
tliat have been before hare so exactly instanced,
in every particular, ifith what I baTe to say,
the two tallies could not more exactly fall into
one another, though I confess I had not seen
tfadr fteea, till the Plot broke oat, for some
inoiiths before.
Bfy tord, and gentlemen of jury, about the
middDe of January last, it was consider^ by
some of us that met together, that it was very
necessary and expedient to an enterprize that
Imd been lonff in hand, and foUen flat then,
that it should be revived by some consult or ca-
bal, that should be set up to ^ve Itfo to it, and
gofrctnanee to the motions of it. The first (for
ought I knew) movers of this were the dnke of
If onmoofo, tne gentleman at the bar, and my-
self: And there we did agree, that we shoifld
bethink ourselves of some tew, we were willing
it should not exceed five, at the roost seven.
This agreement being at first between us three 3
I remember the duke of Monmoutli undertook
to engage mv lord Russell, and mv lord Salis-
Ibury ; and tnis gentleman colonel Sidney for
my lord of Essex, and Mr. Hambden ; and
these being put together, dkl presendy consti-
tute a little cabal, of as great a number as was
intended* This being settled among them, it
^ras within a lew days after, I cannot certainly
iell when, but between the middle and latter
end of Januarr that I was told, that the per-
aons had agreed to enter into this eoniunction
of ooundk ; and in order to that, they had ap-
pointed a meetinff at Mr. Hambden's house, to
which I was invited. This, in time, was «be-
tireen the middle and latter end of January, but
I cannot tell exactly. When we came there,
there were all those gentlemen I before named,
the duke of Monmouth, my lord Essex, my
lord Russell, colonel Sidney, Mr. Hambden,
and myself. It was at Mr. Hambden's bouse
which ranges on the same row with Sootb-
amptoii hcmse: And being met, Mr. HamA^*
YOL. IX.
[850
deo, I suppose, did thndk it most propeil^
belonged to him to take upon him the part
as it were to opeu the sessions, that was, to giv0
us a little account of tike reason, end, and in-
tention of that meeting : In which discourse,
he took occasion to recapitulate some design,
that had been before chiefly carried on by my
lord Shaftesbury, before this time dead ; and
also took notice of the ready disposition and in-
clination of the minds of men to go on with it ;
and did ^ve one instance of his judgment of
it, that It being a design communicated to so
many, it had not been so much as revealed, oe
a murmur or whisper gone about it: From
whence he took occasion to tell us, that it waa
absolutely necessary tor the ftiture, there should
be some council that should be as* a spring,, a
little to guide and govern the motions of the
rest, for that there were diver» things to be
taken care of, whidi if not taken care of 4>y
particfilar persons, would all miscarry. This
was the substance of the prologue and intro-
duction he made. From hence he made a
transition to some particular things, that be
diodgfat were moat principdlly to be taken Care
of. And though it is impossible for me to re-
member the order and method in vrhich wo
discoursed, or who said this or that ; but that
which the sense of all resulted to was this t
That ffluqe we did not come preoared for it^ we
should consider what were the thii^ that
would hereafter challenge our particular care,
that was, the time when, the places where, and
the persons l^whom these things should be
carried on. This led into some j^irticular dis-
course concermng some of these heads : Fov
the time, that it should be shortly, lest the
minds of men should chill ; and then as to the
place where, whether in city or country, or
Doth jointly. In aU these, some opinions were
S'ven, but not settled to any resolution, but
ey were committed to our tnoughts to be (h*
gested afterwards. But these beii^ the things
that every one was to take upon his thoughts,
there was this pre-retraisite to the imdertaking,
and tlmt was to consiaer what magazines were
to be got; and that led to another particular,
which was, vrith what diey shoukl begotten,
and that was money ; and thereupon was pro-
pounded a considerable sum to be raised : and,
as I remember, the sum propounded by the
duke of Monmouth was 95,000/. or 80,000/.
And then it was considered, bow it should be-
ridsed vritfaout drawing ohservation or jealousy.
These are only the hms that were then agreed
on, hereafter to be better considered. But the
present resoluticm that was taken, was, that
Defore any procedure was made in any of
these things, or any advance towards ' the
undertaking ; the first thing to be consider-
ed was, how to make a oaalition of coun-
eib between Scotland, and what we were
doin^ here ; and for that purpose, we should
bethmk ourselves of eoqcie nt person to be sent
Either, to unite us into one sense and care.
This is as much as occurs to my memory upon
tfiaf meeting. About a fortnight or tbi«swedii
$1
851] STATE TRIALS S5 CHARtEft n. l6%S,^Trialtf Atgenumaidnfy, [%&8
filer, which I mippoae carried it to the middle of
^February next, we had another meeting, and
that was at Soutbampton-hoase at my lord
RusselVa, and there were. ef?ery one of the
same persons ; and when we came there, there
happened to &11 in a discourse which I know
not how it came in, but it was a little warmly
urged, and thought to be untimely, and unsea-
sonable; and that I remember was by Mr.
Hambden, who did tell us. That having now
united ourselves into such an undertaking as this
was, it could not but be expected, tliat it would
be a (question put to many of us ; To what end
all tins wasf Where it was we intended to
terminate? Into wliat we intended to resolyeP
That these we^re questions he met with ; and it
was probable, every one had or would meet
with from those persons whose assistance we
expected ; and that if there was any thing of a
persona] interest designed or intended, that there
were bat few of tliOi«, whose hearts wei'e now
with us, but would fall off: And therefore,
since we were upon such an undertaking, we
should resolve ourselves into such priucipks, as
should put tlie pronerdes and liberties of the
people inU> such haiias, as it should not be easily
wvaded by any that were trusted with the
supreme authority of the land; and it was
mentioned to resolve all into the authority of
the parliament. This was moved by him, and
bad a little harshness to 6onie that were there ;
but yet upon the whole matter we g^erally
consented to it, That it was nothing but a pub-
lic good that we all intended. But then alitor
that, we fell to that which we charged our-
selves with at the iirst meeting, and that was
concerning sending into Scotland, and of settling
an understanding with my lord of Argyle:
And in order to tkis, it was necessary to send a
messcr^ger thither to some pensons, whom we
thought were the most leading men of the in-
terest in Scotland : This led us to the insisting
on some particular persons; the gentlemen
named, were ray lord Melvin, sir John Cock-
ram, and the Campbels y I am sure it was some
of the alliance of my lord of Argyle, and I
think of the name. As soon as it was pro>
pounded, it was- offered by this gentleman
colonel Sidney, that he would take the care of
the person ; aod he had a person in his thoughts,
that he thought a very fit man to be intrusted ;
one or two, but one in special, and he named
Aaron Smith to bo the man, who was known to
some of us, to others ngt ; I was one that did
know him, and as many as knew him, thought
him a proper pbrson. This is all that occurs to
me that was at the second meeting, and they
are the only consults tliat I was at.
Att, Gen, What was he to do ?
Lord Howard. There was no particular deed
for him, more than to carry a letter. The
duke of Monmouth undertook to bring my
lord Melvin hither, because he had a particu-
lar dependence upon him» and I think some
relation to hie lady : But to sir John Cockiam
there was a letter to be sent under the disguise
of carrying on somebosiness of the plantation
m Carolina. This letter I soppose was writ bj
my lord Russell (though I know it not) for he
was personally koown to my lord Russell, and
I don't know that he was known to any cf us.
About three weeks after *thi8, then he was dis-
patched I suppose.
Att. Gen, To what purpose were the gentle-
men to come up P
Lord Homard. These were to acquaint ns
how thejr found Scotland tempered, and what
opportunities or advantages there were or might
be of putting them into a commotion, and how
men might Tie raised, asd how they would fall
under Argyle, and also to keep time and »lace
with us. After this, 1 was witn colonel SidnejF,
when he was ^oin^ into London, and he did
take out severu gumeas, I can't tell how much
it was, I suppose they might be about sixty,
and put them mto his pocket (and set me down
at my lodging) which he said were to give
Aaron Smith ; whether he gave it or no, 1 don*t
know • and aiter that he was sent
Att. Gen. Who told you so?
Lord Howard. Colonel Sidner, For I was
inquiring of him ; and he said) he had not
heard of him in three weeks, or but once, w|^
he was about Newcastle. AiWr thia» I had
occasions that called me into the country, and
there I was. Some time aftter that I went to
the Bath : And this is all the account I can
give.
SoL Gen. Do you know that Aaron Smidi
did go ?
L^rd Howard. I know nothing but by hear-
say. • Colonel ^dney told me he was gone, and
was upon the road, and he heard from him
alMut Newcastle.
X. C. J. Did you understand by the dis-
course aAer he was gone, that he went in pur-
suance of that aebateP
Lord Howard. Yes, my lord, That was the
whole end of his going.
Just. Withins. I think you say, that gentle-
man [speaking to col. Sidney] undertook to
send him.
Lord Howard. Yes, be did.
L. C. J. Will you ask him any questions f
Col. Sidn^. 1 nave no questions to ask him.
Att, Gen. Silence. — You know the proverb.
The next step is to shew you, my lord, that
these persons came up immediately after Aaron
Smith went down thither; and aecording to
that which was said to be the shadow and pre-
tence of their coming hither, they pretended
tliey came about^ Carolina business. Sir An-
drew Foster and Mr. Blathwaite.
Sir Andrew Foster sworn.
Att, Gen, Pray, Sir, give an account what
Scotch gentlemen came up lately.
Sir A. Foster, My lord, about the Cnd of tho
spring, or beginning of summer, as I remem-
ber, these gentlemen, sir John Cockram, and
commissary Monro, and the two Campbda,
father and son, came up hither. I did not see
the father at all, but 1 saw the son the day of
the lord Russell's trial ; but the other two, I
W33
8TATETIlIAL$/35CHAEL£in. iSBS^m- High Theasmi.
thmk, I Kwa little before the disooreiyof the
plot
Att,Gen, What did they pretend they ceme
about? ^ ^
■ Sir A. Fo^er, l%cy iMpeteaded they came to
make a purchase in CaroliOa, and 1 saw their
oommission from the persons said to be con*
oemed in that design.
X.CJ. Who do yon speak of ?
Sir A, Foster, Sir John Cockram and com-
nissaiy Monro.
Ait. Gen. Am soon as the rumour came of
the plot, What became of those gentlemen ?
Sit a. Fotter. Sir John Cockram absconded,
bvt commissarv Monro never absconded ; and
the Camj^bels I heard were seized changing
their lodging from place to place.
Mr. ^f^er^itry sworn.
Attl Gen. Mr. Atterbnry, will you give my
lord and the inry an aodonnt what you know
of these Scotchmen, thehr absconding and lying
hid.
Atterhury. My lord, upon the latter end of
June, or the bennning of July ; ^e beginning
of July it was, I was s^it for into London upon
« discovery of some Scotish gentlemen that lay
about Black-Friers ; and when I came down
there, there was the Common Serjeant and
some others had been helm me, and found
them making an escape into a boat.
Att. Gtn. Who were they?
Atterbury. Sir Hugh Campbd, and sir John
Cockram, and one that was conpnitted to the
Galefiouse by the council, as soon as brought
thither.
Att. Gen. We shall end here, my lord: How
long had they been in town?
Atterhufy, They had been in town some
little time.
Att." Gen. We have done «with this piece
of our evidence. Now, to shew, that while this
emissary was in Scotland, at the same time
the colonel (which will be anodier overt act of
the treason) was writmr a trea^naUe pamph-
let 1 will call you tne witnesses. It is all
of his own writings. Sir Philip Lloyd.
Att. Gen. Sir Philip Lloyd, pray will you
look upon those papersjsnd give mv lord and
the jury an account where you fbuna them.
Sur F. Lhyd. I had a warrant, my lord,
from the secretary by the king and coun-
cil, to seize Mr. AI]j;emon Sidney's papers ; and
pursuant to it, I did go to his house, and auch
as I found there I put up. I found a great
many upon the table, amongst which were
these, 1 supjfose it is where he usually writes;
I put them m a pillow-bier I borrowed in the
house, and that in a trunk ; 1 desired col. Sid-
ney would put his seal upon them, that there
ahouki be no mistake ; he refused, so I took
my seal, and sealed up the trunk, and it was
carried before me to Mr. Secretary Jenkins's
office. When the committee sat, I was command-
ed to undo the trunk, and I did so, aiid found my
own seal upon it. And Ivtook the papers out
«f the bag 1 put them into before.
[934
L,^C. J. Was colonel Sidney present when
you seized these papers ?
Sir P. Lloyd. Yes.
Att. Gen. Are these some of those papers f
Sir P. Lioyd. Yes, I verily believe it.
Att. Gen. In the next place, I think we have
some papers of his particular affiurs which will
proveiitB hand. Call Mr. Sheppard, Mr. Cooke
and Mr. Cary.
Mr. North. Sir PttOip Lbyd, When were
they seized ?
Sir P. Uoyd. Towardsthelatterendof June,
my lord.
Juryman. Which June?
iSk F.Lloyd, LnstJune.
Mr. Sheppard sworn.
Ait. Gen, Pray, will you look upon tho$e
writings'. [Shewmg the libel.] Are youac-.
quainted with colonel Sidney ^snand ?
Sheppard. Yes,mybrd.
Ait. Gen. Is that his hand- writing ?
Sheppard. Yes, Sir, I believe so. I believe
all these sheets tobe huB hand.
Att. Gen. How come you to be acquainted
with his hand?
Sheppard. I have seen him write the indorse-
ment upon several bills of exchange.
Mr. Cory sworn.
Col. Sidney. My lord, I desire . yon would
please to consider this, that similitudfe of hands
can be no evidence. '
L. C. J. Reserve yoursdf until anon, and
make all the advantageous remarks yon can.
Att. Gen. Have you had any dealing with
him?
Cary. I never saw him write to my know-
ledge, moretlian once in my life, hut 1 have
seen his indorsement upon bills, and it is very
Uketbat.
X. C. /. Do you bdieve it is his hand, as far
as you can guess ?
Cary. My lord, it is like what came to me
for his hand-writing.
X. C. J. And you b^eve it to be bis hand f
Cary. Yes.
Mr. Cooke sworn, and the papers shewn him.
X. C. J. What say you, Mn Cooke?
Cooke. My lord, I did never see coloncA
Sidney write, hut I have seen several notes
that have come to me with indorsement of his
name, and we have paid them, and it is Vke to'
this.
X. C. J. And yon were never called to ac-
cowit for roispayment?
Cooke. No, my lord.
Att. Gen. I pray it may be read. We wtR
read as much as id necessary to prove the in-
dictment.
Col. Sidney. I pray it may be all read.
X. C.J. ifr. Attorney must have what part
he desires read, and you shall have what part
you will have read afterwards.
Sidney. I desire it may all be read.
Att. Gen. Begin there« <* Secondly, There
i^55] STAT£ TRIAX4» 85CiiAKtB8 IL l6t5^lHd pf Algenm Ahey, JJM
^^j^o,' absurdity io tiiis, becaiiie it was their
crwn'case."
Clerk reads.
** "Secondly,* There was no ahsurdify in
this, tUoueh it was their own case ; bat to the
contrary, because it was their own case, that
is, concerning themselves only, and th^had
no superior. They only were the cooipctent
judges, thejr decided their controversies, as
every man in his own family doth, such as
arise between him and his children, and his
servants. This power hath no other restric-
tion than what is put upon it. by the municipal
law of the country, where any man, and that
. hath no other force, than as he is understood
to have consented unto it. Thus in England
every man (in a decree) hath a ris^ht of chas-
tising tbem ; and in many places (even by the
law of God) the master hath a power of life and
death over bis servant: it were a most absurd
folly to say that a man might not put away, or
in some places kill aa adulterous wife, a dis-
obedient son, or an unlawful servant, because
be is pjarty andiudee, for the case doth admit
of no other, unless ne hath abridged his ovrn
right by entering into a sooifity vrhere other
rules are agreed upon, and a superior judge
constituted, tliere being none such between
king and people : that people must needs be
the judge of things happening between than
and him, whom Uiey did not constitute, thai
they might be great, glorious, and rich ; but
that they might judge then, and fight their
battles or otherwise do fi^ood unto them, as
they should direct. In this sense, be that is
* singulis miyor,' and ought to be obliged by
every man, in his iust and'lawliil commands,
tendmg to the i»ubUc good ; and must be suf-
fered to do nothing against it, nor in any i«-
q»ect more than the bw doth allow.
<< For this reason Bracton saidi, that the
king hath three superiors, to wit, ' ]>eum. Le-
gem, et Parliament,* that is, the pNOwer, origi-
nally in the people of Eoj^and, is delegated
unto the parhameot. He is subpect unto the
kw of God as he is a man, to the people that
makes him a kuig, inasmuch as he is a king :
the law sets a measure unto that subjection,
and the parliament fudges of the paiticolar
•ases ibereupoa arismg : he must be content
to submit his interest unto theirs, since he is
no more than any one of them, in any other
respect, than that he is, by the consent of all,
raised above any other.
•< Ifhedothnot like thie eoodttion he may
renounce the crown ; but if he receive it upon
that condition, (as all magistrates do. the power
Ibey raeeive) and swear to perform it, he mnst
♦ This passage Ralph hiseits m his ^,
and he observefi, that «Mt was proper to do so
(as well as a vKious copy wilt give leave) not
only for the better understanding Jlir. Sidn^'s
Case, but because it is no part of tbathoek of
his upon Government which has been since
fvUmed.as tome have, inadvertently taught."
expect that the parfemMate wfll he eJMsM^
or revenge taken by those that he hath be*
trayad.
- ' *< If this be not so, I desire to know of «■!*
author, how one er more men can eome te be
guilty of treason against the Idag, as *• Lex
* taat ut sit Rea.V No man can ewe more oole
him, than unto any other, or be unto evciy
other man by any role but the law : and if hie
must not be judge in his own case, neitber be
nor any other power received from him, would
ever try any man for au ofince agaiiis^ hnn,
or the law.
'^ If the king, or such as he appoints, cannot
jud^ him, he cannot be judged br the ways
ordinarily kuown amongst us. If be, or otMr
by authority from him, may judge, be is a
judp;e in his own case, and we falTunder that
which he accounts the utmost of all absur-
dities. If a remedy he found fi>r this, he must
say that the king m his own case may judn
the people, but the people nrast net jw^ the
king, because it is their's ; that is to say, tbie
servant entertained -by the master may judge
him, but the master mnst not judge toe ear-
van^ whom he took only for bis own use. Ibe
magistrate is bonnd by no oatb or ooutract to
thepeople that oeatea him, hot ^ people is
bound to its own creature, the magistrate.
'* This seems to he the grouiM of all enr
author's follies; be cannot oomprebend that
magistrates are for or by the people, but mabca
diiirconclusion, as ifiiAmJwSe eieaied by
or for the glory er plcasige of mngish nlw, aau
offoots such a piece of nonsense; it ougbt net
to be thought gtnnge^ if he represent ae aa
absurd tbi%, that the beedkess multitude may
shake off the yoke wbeu they ptease. But I
would know Imw the multitude comee under
the yoke, it b a badge <^ slavery. He says,
that the power o^ kii^ie for the prMCiratou
of liberty and preperty. We may tberafore
ohai^ or take away kiugs without hitairing
any yoke, ortbat made a y<^wbaifc ought
nottobeoae; the injury is dierafoiu in onkiMf
or ioiposing, and there can he uene in breal?
ingit
" Tliat if there he not aa ugniT, tbeM Btty
perhaps be an inconvelii^ioe; if die beadieai
multitude may shakeoff the yoke.* I kaov
not whv the multitode shouM be eoncluded ta,
be headless; it is net always so. Meseswas
head of the muHitnde that went out of Egypt;
(MbmA led tbem against the king of Mesope-
tamia, undsi the coududt of PhoeMdas; they
obtained a vKtory against the Moabites : they
had the like sucoesa under ibamger, - Barak,
CUdeon, Jephthab, Samuel, Sampson, and
others against the Canaamtes, MidnuMtes, Pbt-
bslines, and ethert; the multitode that ofmoeed
Sottland Isbbosbeth had David for its bead : and
the tan tribes that r^eoted Rebobbam ebosa
unto tbemeeives Jeroboam; the AtfmwVtnf
risiDg against the thirty tymntB bad llirtty-
* This first sentenoe ofthis psougnipb, Raipb
supposes to beu ^notadoa ftom Fihttsr.
beittii tfaoM thatdiwr*
MMhmad byP
dnir0 «iit tht
■MM***
wftom Tfatbtf
8lf7} SiVkTfi IVUtSf 35 CHAttis II. l6S5^iir fii^A TWa^Mt [S5»
litf% beca opptmcd lor the name of Cbmt:
wh^reafithej had BUtiishty, and, I think 1
miiy fiav, wickedly as w^\ a» iboiishly suffered
theaMel^ee le be hvrtetierad, if they had left
thoee empty prorineeft ander the power of
Aalietirist, where the name of God iano other-
wise known than to be Uaaphemed.
*^ If the king of Spain desired to keep his
subjeols, he should nare go^eftied them with
more justice and mercy; when contrary unto
ail laws, both human and divine, he seeks to
destroy thoee he oug^t to have preserFed, fae
can blame none bat himself, if they deliver
theniselfes from his tyranny : and when the
matter is brought to that, that he must not
reign, or they over whom fae would reign,
nrast perish ; the matter is easily decided, as
if the question had been asked in the time of
Nero or Domitian, Whether they should be left
at liberty to destroy the best part of the world,
as they endeavoured to do, or it should be res-
cued by their destruction P And as for the peo*
pie's being jodges in their owo case, it is pbhi,
they ought to be the only judges, because it is
their own, and only concerns themselves."
wlM tfaeRo-
ittioiy th^y chcMto
Brotas and Poblicoh^ and tUt totrwyed the
Deoenviri vttdcr H«rttias and Valerios. All
the OMiltitadci that 9hmwwtt remAuA fnok
ikem noder HMrittos, Telerias, Spartanas^
and otben, were not headless ; and we know
of Bona thai were, but ail etdier fiMind heada,
or made them. The Gertmms set up Armi-
nius ; the Britons^ and othAs in later times ;
tlie Ctftiniaiis^ that rose against Peter the
CnisI, had the Lor!i Detniela Mara.
** Hm PreoDh, when ^ey grew weary of
tka oomptod races of Pharum^ and Pepin,
airi the same Pepm and Hugh Cmt: the
8aoti» when they tAew James 3, had his son
ta he their head ; and when they deposed and
iMrisoned queen Mary, the earl w Murray
M athers'sapplied the want of ajgfe thai was
n her son : and in all the revolutions We have
hadtnVn^laiid, the people have beefi headed
InFthapamament, or the nobility andgentty
tfiatcamtioaadit; and wtoi the kings fkiled
of tWr iaUk^ by their own anthori^ oalled
it. The mnhitMe therefeve is not ever head-
leaiy bat dolfa eitiier find or Create heads Unto
itwif, as ooesaion doth require: aaidwheAerit
be one maft, or a lew or more, for a short or a
longer time, we see nothing mare tegular than
ifti molkMHk But tbey may, smth our author,
ahakeaff tibeyoim; and why may diey not,
ifilpiwreiiiieaayorhiinMmitothefflf Why
ahastfd ttot the Isnefiles shake off the yoke of
Flmraeli, iabin, fiisera, and others that op-
pfeasedthem?
^ When pride had chanffi^ HebaehadkieKcar
into abeaat, what should persuade the Assy-
risBi net lo drive hun out amongst beasts,
YMlil Ciod had restored unfa him tiie heart of a
OMMir When Tarquin had fnmed the rml
manarohy of Rome into a most abomiiumle
tyramy, why should they not dbofish it ? And
when the Protestants or the Low Countries
were so grievoosty oppressed by the power of
Spam, mder ihe proud, cruel, and savage con-
tact of the duke of Alva, why should they not
nute use of aD the means that God had put
inlo^^heir hands for their deliverancaP Let any
man, who sees the present state of the Pro-
vinces that then united themselves, judge
whether it is better for them to be as they are,
or in ^e ooudfition unto which bb ftiry would
have reduced them, unless they had, to please
him, reaoaneed God and their reUgion: our
autliormay say, they ought to have suffered ':
the kbig of Spain by thefar resistance lost thoee
eomtnes; and tiiat tbey ought not to have
been judges in their own case. To whidi I
aaawer, that hy resistnig they laid the founda-
tion ^ many churches, that have produced
mahitmies ormea, emuMait in jjifta ano gmces ;
and astaUishad a most gfonous ano happy
commonwealth, that hath been since its imit
beginning, the strongest pilfair of the Protes-
tant cause now in the world, and a place or
rtfogv unto thosa who in dl psrtv of Europe
Att Gen. The latter end, the last sheet of
all, sect. dS.
• L, C. J. The aigument runs through the
book, fixing thepower in the people.
* CL ofCr, '^ The general revolt of a nation
from its own magistrates, can never be called
rebellion."
Att. Gen. Sect. 37.
CI. cf Cr. " The power of calling and dis^
solving parliament is not in the king."
Att. Gen. So much we shall miSce use of ;
if the colonel please to have any other part read
to explain it, ne may.
Then the sheets were shewn to eol.
Col. Sidney. I do not know what to make
of it, I can read it.
L. C, J. Ay, no doubt of it, better than any
man here, ra on any part you have a mind
to have read..
Sidney. I do not know what to say to it, to
read it in pieces thus.
L.C. J. I perceive you have disposed them
under certain heads : to what beads would you
have read ?
Sidney- My Iqnl, let him give an account of
it that did it*
* ** Sidney, having taken advantage of a
circumstance, that only partial passa^ of the
writings which were producea agamst him
were quoted, and even betraying some warmth
in defence of the writings themselves ; Jefireya
hoped to draw him into an avowal, that he was
the author : with this view, he handed the
palters to Sidney, and desired him to take off
the force of the passages by any others in tho
book. Sidney saw the snare, but pretend«Hi not
to see it : he turned oVer the leaves with a
seemingly grave attention, and then retiiraing
them to the bench said, ^ Let the man who
S59] STATE TR1ALS,.35 Chables 1L l683.---7Wil ^ AlglenM Skk^, [86o
Ait. Gen. My lord, we wfll not delay coL
Sidney from entering on his defence, only we
have this piece of e?iUence. to give further.
One of his accomplices was my lord Russell,
we will give in evidence his conviction. We
will only ask my lord Howard, was your lord-
ship sworn as a witness at the trial of my lord
Russell f—liord Howard, Yes.*
Att. Gen. TVhether or no, when you met,
were there in those debates any reflections
upon the kin^, that he had broken his duty ?
Ijotd Hcmard. Not that I remember.
AtL Gen. Why would you rise?
Lord Howard. If you mean upon the mis-,
government, not personally upon the king P
Att, Gen. Ay.
Lord 6ou)ard. Yes, and principally and
chiefly that, which we thought was the general
disgust of the nation, the imposing upon the
city at that time. ^
Just. IVithent. That was complained of at
that time.
Lord Howard. Yes, my lord, we took it all
along to be the chief grievance.
X. C J. Have you «ny more witnesses ?
Att. Gen. Only the record.
Sol. Gen. I know there is no time iflisspent
to make things clear. If the jury have a mind
to have the words read again
L. C. J. If they have a mind, let it
Then Mr. Trinder was sworn, and testified
it to be a true copy of the record, and said he
examined it at Fishmonger's- Hall with Mr.
Tanner.
Then the Record of the Conviction of lord
Russell was read.
X. C. /. What will you go to next, Mr.
Attorney ?
Sol. Gen. We have done, «in]^ the jury
desire to ha^e the words of the libel read again.
[But they did not]
Sidney. My lord, I desire to know upon
what statute I am indicted.
Att. Gsn. My lord, I will give as plain an
answer, you are indicted upon the old statute
of 25 Edw. 3.
Sidney. Then I desire to know upon what
branch of that statute ?
Att. Gen. Why, I will acquaint you, it is
upon the first branch of that statute, for con-
spiring and compassing the death of the king.
Sidney. Then I conceive, what does not
come within that, does not touch me.
Att. Gen. Make what inferences you please,
colonel, we will answer you.
Sidney. I desire to know what the witnesses
have s<vom against me upon that point P
Att. Gen. Go on, you have heard the wit-
nesses as well as we.
L. C. J. He says you are indicted upon
the statute of 25 Edw. 3, which statute makes
wrote thesepapers reconcile what is contained in
them."*' Dalrymple. [He cannot repeat any
thing faithfully.] The remark is taken from
Ralph.
* See p. 602, of this volume.
it higlt-treMonto oompiitt the deafli of tlM '
king ) and tlie overt-^ict is snffiofently set
form in the indictment ; now the queslMKi is,
whether it is proved.
Sidney. They have proved a paper ibmid in
my study of Cahgida and Nero, That is
compassing the death of the king, is it?
L. C. J. That I shaU then tell the jury. The
point in law you are to take from die Coart,
gentlemev '• whether there be fiu:t sofficicot,
that is your duty to consider.
Sidney. I sav, my k>rd, that since I am in-
dicted upon that statute, I am not to take
notice ofany o^er. I am indicted for conspir*
ing the death of the king, becansesuch a paper
is tbund in my house ; under favour, I think
that can be nothing at all to me. For thouffh
sir Philip Lloyd did ask me, whether I woold
put my seal to it, he did not ask me until he
bad been in my closet, aad I knew not what
he had put in, and so I told him I would not
do it. Then came these sentlemen upon simi-
litude of hands. My lord, we know woat simi-
litude of hands is in this age. One told me
within these tivo days, that one came to him,
and ofiered to counterfeit any hand he shonM
shew him in half an hour. So then, my lord,
I have nothin|r to say to diese papers. Then
for point of witness, I cannot be indicted, mvch
less tried or condemned on 36 Edw. 3, for by
that act there must be two witnesses to thi^
Tery branch unto which the treascm doefl relate,
which most be distii^ished. For the levving
of war, and conspiring the death of the bn^
are two distinct tnin^ disthict in nature aad
reason, and so distinguished in the statute.
And therefore the conspiring the death of the
king is treason, and the other not lEdw. 6^
13. 5 Edw. 6, 11, does expressly ny, there
must be two witnesses to either of these adi.
Now here is my lord Howard, (I have enoogh
to say of him by and by) it is he only who
speaKs of six men, whom he calls a select
council, and ^et selected by no man in the
world. I de8u« to know who selected my lord
Howard P Who selected meP If they were
selected by nobody, it is a bull to say they
were a select council : if they were not seledeo,
but erected themselves into a cabal then, they
have either confidence in .one another, or find
they are near equally able to assist in the de-
sign. Here is nothing of all this, — ^theae six
men were strangers to one another. For my
own part, I never spake with the duke of Mon-
mouth above three times in my life, and one
time was when my lord Howiud brought him
to my house and cozened us both. He told the
duke I invited him, and he told me die duke
invited himsdf, and neither of them was trae.
Now that such men as these are, not hardly
knowing one another, should presently fall into
a great and intimate friends)up, and trust and
management of such a business as this ia, isa
thing utterly inprobable, unless they were mad.
Now [ do find in my lord Howard's deposition
against my lord Russdl, that they were in
prosecndon of my lord SbafUbury*8 design |,
S6l] STATE TIBIALS, 35 Charles II. l683.-/0r H^h Treason.
[862
and yet he acteowtedm the dake of Monmotitb
gftid he was mtd, and he said hiDMett' so too.
Now that they should join with four more in
the proaecotion of the demn of a mad-mao,
diev must be mad too. Now whether my
lord Howard woald hare you think he was
road, beeanse a mad-roan cannot be guilty of
treason, 1 cannot tell. My lord Howard in bis
last deposition at my lord RusselPs trid, fixes
the two meetings, one about the middle ofsJa-
noary, the other ten days aiWr : now be iixe9
pne to be the latter end of January, the other
the middle of FdNwy. Then he makes it
to be the prosecotioil of my lord Shaftesbury's
design. I do not find that any one there had
any thing to do with my lord Snaftesbury, finr
my part 1 had not. 1 had not seen hu face
in two years. Then, roy lord, that I go upon
is, whaterer roy lord Howard is, he is hut one
witness. The law of God and the law of man,
understood and taken by ail men, does require
two witnesses ; Moses says so, so the apostles
the same after him, and Christ says the same,
that erery matter is to be established by two
witnesses. There oag|it to be two witnesses
to the same thii^. mw for one to come and
tell a tale of a tub, of -an imaginary council,
bpd another of a libel, a paper written no body
knows when, is such athiu^-you can never go
Qtrer it. But if the law of God be, that there
ninsi be two witnesses to the same fact, there
is an end of this matter. And under the judicial
law^ the penalty would be in this case, to put
a man to death. Now here there are bat two
things, which if allowed of, nobody will be
safe for pegury. The one is to suffer men
to give tneir te'stimonv, one to one thing, and
another to another, that the fraud cannot be
discovered ; and the other is to take away the
punisl^ment. Now the punishment is taken
away m some measure : and do but take away
the other point, wherd»y the fraud cannot lie
discovered ; and then there is no defence can
be made. That both witnesses should be to
the same point ; see the story of fikuanna.
Two elders testified they saw her in the act of
adultery : they ,were carrying of her to death ;
both of them said the same thing ; until they
were taken asunder and examined, the fraud
was not ^yuMM>vered ; and then one said, she
was under a tree of the right hand, and the
other, under the tree on the left ; and she es-
caped and they were punished. But now if
you apply it to several facts, my lord Howard
may say what he pleases, and if, another shall
eoroe with a suppleaental proof, no justice
ean be had. But, my lord, I desire this, if
ihere be two witnesses to prove the conspiracy,
and in that^ there were those matters done thnt
are treason, I must answer to it ; but if there
be not, I presome I need say nothing to it. If
you do not allow it me, I desire counsel to
amieit.
X. C. J. That is a point of fact, whetlier
there be two witnesses. I tell you before-
hand, one witness is not sufficient.
Sidney. WhvthenthenisroylordHowardy
and never another.
L. C. J. Nay, do not make those inferences ;
I will tell the wry, if there be not two wit-
nesses, as the law requires in this case, they
ought to acquit you.
Sidney, You confbundi me, I cannot stir.
You talk of a conspmu^ ; what is a conspi-
racy t> kill the king ? Is there any more wit-
nesses than one for levy iifg of vrar ?
i. C J. Pray do not deceive yourself; you
must not think the Court and yon intend to
enter into a dialogne. Answer to the fact; if
there be not sufficient fact, the jury will acquit >
you. Make what answer you can to it.
" Sidney. Then 1 say there being but one
witness, I am not to answer to it at all.
X. C. /. If you rely upon that, we will di«
reict the Jnry presently.
Sidney, Then tor levying war, what does
any one say? My lord Howard, let •him,* if he
please, reconcile what he has said now, with
what he said at roy lord Russell's trial. There ,
he said, he said all he could ; and now he haa
g[ot I do not know how many things that were
never spoken of there. I appeal to the court,
whether he did then speak one word of tliat,
that he now says of Mr. Hambden. He sets
forth his evidence very rhetorically, bat it does
not become a witness, for he is only to tell what
is done and said, but he does not tell what was
done and said. He says, they took upon them
to consider, but does not say what one man
jttid, or what one man resolved, much less
what 1 did. My lord, if these thincfs are not
to be distinguished, but shall be jumbled all up
together, 1 confess I do not know what to say.
L. C. J. Take what liberty you pleoise. If
you will make no defence, then we will direct
the jury presently. We will direct them in the
law, and recollect matter of fact as well as we
can.
Sidney. Why then, my lord, I desire the law
may be reserved to me, I desire I may h^ve
connsel to that point of there being but one
witness.
L. C. J. That is a point of fact. If you can
give any testimony to disparage the witness,
oit.
Sidney, I have a great deal to thaL
L. C. J. Go on to it then.
Sidney. Then, my lord,- was there a war
levied ?^Or was it prevented ? Why then, if it
be prevented, it is not levied ; if it be not levied,
it is not within the statute ; so this is nothing
tome.
L. C. J. The court will have patience to
hear you ; but at the same time I thuk it is my
duty to advertise you ,thatthis is bntmisspend-
ing of your time. If you can answer the fact,
or if you have any mind to put any disparage-
ment upon the witnesses, that they are not
persons to be believed, do it, but do not ask us
questions this way or the other.
Sidney. 1 have this to say conoeminsr my
lord Howard : he hath accused himself of divers
treasons, and I d6 not hear that he has bis
pardon of any : He is under the terror of those
treasons, and the pwushment for them: he
h63] STATE TRIAUi 35Chaki.b$U. vS&^^VM^AIgtrn^SUaijf, {664
bath sbewB bimtelf to be uodfTtlMit terror: be
bath aeid, that he oonlil net M bis person, until
be had doQe some other joGs, 'till he was {Mst
this drudgery of sweaiinff : that 'vh my h>rd»
that he having ineurred ttie penalty of high-
treason, he woald get his own in wnnity by
destroying others. This by the law of Godaim
man, f thinly destroys a man's testpuMiny.
Besides, my lord, be is my debtor, be owes me
a considmue sum of money I lent him in time
ofhis great necessity; be made some coreaants
with me lor the payment of tbal money, which
he hath broken ; and when his mortgage was
fortirited, and I should talce the advantage the
law givea me, he finds out a way to have me
laid up in the Tower: he is a very subtle
man : at my lord Russdl's trial, be carried bis
knite, he saidi between the paring and the
apple ; and so this is a point of groat nicety 9pA
cunning, at one time to get his own pardon, and
at the sa(ne time to save bis money. Another
thing, my lord, is, when I was pnooner, he
oomes to my house, and speaks with my aer-
Tanl, and says, how sorry he was that I nionki
be brought m danger upon this aecoont of the
plot, and there he did m the preaenoe of God,
with bands and eyes lifted up to heaven, swear
be did nol-believe any plot, and Aat it waa .but
lisbam ; and that he waa oonfidnnt if I bad
known any thing, I would baye told it him.
He hath said somewhat of ^s before, I have
aeveral witnesses to prove both. He was de<<;
aireus to go fbrther, and he would notenly pay
my debt oy his testimony against me, Irat lie
woukl have ^ my pbite and other goods in ay
hands into his baada, and he desired my men,
as a plaee of trust, to put them into his bands.
And the next news was, that there waa a warrant
agakist my lord RusseU and me. Bat then, my
lord, he made other affirmations in thesamepre*
aenoe of God, that I waainnoooitin his mhiion,
that some papers hoe, which ae^ laid la be
found in ny atody, havereUtwa to thia ptsi*
aa they call it ; I know of mm^ nar .am m
none. Now^ my lardt I am not to tfive an a^*
ooiint of thaae papers^ I do not think tluryara
before yoo, for ttefe ia nothing b«t the spnyi-
tude of hmids o&red foe proot There ia the
like ease of my Lady Carr*aoniefewyearaag» :
she waa indited of peijury, and aa evamoa
against her, aaOM letters of hers were iireduoadf
that were osntrary to what sheawora in Chan-
cery, and her hancl was proved; that is toaaff
it waa like it: butmylon^ckiefjuBtioaKjeilii^
direote the jary, that though in civil causes it
is a proof, yet it is the smalleft and least af
prooti; but mcriminalcasesil was none aiaJL*
" ' ■ ' ii»».> ', ' ' ■■ ■»»■■ »■■«■ ■ ■■■ ■ ■»
* This ewe «f Lady Carr iareported, 3 Keb.
516, 1 Sideif. 418 ; but the pout, for wfai<^
Sidney here refrned toit, conoenuna^ evidenDS
of hand- willing, ia wholly ooiittod inlUble, and
butveryindiatmetlynatioadinSiderfoii. In the
act for revaninff &e attainder of Sidney (aas
it at the end ef the Caae) it ia mcitod that ths
< paper found in theeloset of the said A. "8. sap-
poaed to be his hand*wiiting, waa npt pnyvadly
the testiuHmy of any one witneas to be writtn
by him ; bat the jury vras directed to heUeva
it by ooBQparinff jot with other' writinga €i the
aaid A. fiL' hot Sum recital does not wnee wilfa
this report of Sidney's trial. Accordm|||^ to this
v^ort Gary and Coake awore to thear halisf
that die paper was of the piiaoner'a hand-
writini^, mm ita sesenriilanoe to indorse*
aaento on biU« which they had reaaon to believe
were wntteii by him : butSheppud went farthc*
and swore that he waaaofaainted with the pii-
soner's hand,' and that he derived Ihia acqoain-
tance from seeing him write mdraMneDai en
aeveral bilk of exchange. At diia day, aoch a
diatination as to thb, is nnsatisfoctorilT token,
between civil and cnminal casea) Haa^. P.
, oompariaon of writinga as is reeitod in the aot
and bewaa confident of it } for if he had known I for reveraal of Sida^a afttoinder wotdd not he
any thing of it,iie would have told it. Now I [ allawed as >piiaaf in any caae civil or erinaiBal.
know, in my lord Russdl's case, there waa Dr. I See Gib. litw af Evidanbe (wiaere, however, a
Buriietsaid8omethinglilceit.Andwh0iihacaDie ' ^'~^~~^* ^^' ^ " - •• - «
to answer it, he said he was to foce it out, and make
the best of it he could. Now he did face it
out bravely agaioat God, but he was very timo-
rous of man. So that my lord, he does say at
the same time, at my. lord Russell's trial, upon
his oathy that he dii believe that the religiooa
obli^tion of an oath, did not consist in the for-
mdttyof applympit to the place, &c. but in
calling God to witness. So that when he did
call €M to witness before Dr. Bnmet and my
aorvant, and othera, and this is not canaiateut
with the oath he baa taken here, aa the gentle-
man smd at my kird Rusa^l's trial, unleas he
has one soid in court, and had another at my
house, theae thin^pB are inoonsisteDt, and can-
not be true ; and if be swear both under the re-
lijrion of an oath, he swears himaelf adjured.
Then, my bwd, be talks of Aaran Smith, what
have I to do with Aanm Smith? heaays, Isent
him ; my lord, there is nobody elae aped^s a
word of it. Then by a strange kind of con-
atruction and imaginatian^ tC^wiU have it,
Book d, c. 46, s. 59, et bm. iWe's Law of
Evidence, Ch. a, s. 4. The fottowin^ note af
mine is, I aapehend, of the case reported by
nr. Peake<NiBi Piius 90) by(lheaMneof Sino-
ftrson 9. Thoytes.
Quitdhalif SUtw^s ^er Michs. Dec. 11, 1790.
^ Madarlaad v. Thoyta. Action againat ac-
ceptor of a Bill of Exchange drawn by Puty in
fovour of bisewn order. Of course the draweHa
hand at the foot ofAe draft waa held conftti
by the acceptance, but hia indorsement ooidd
not be proved. Bearcroft (who afterwarda an-
.serled that ia foct there was no saoh peraoa aa
Parry, but that Tho^ was the on^ pnrty)
wantedtfae hands wnting of the sigAahire at
the foot and of the indorsement to be cooiMrad*
Sedner Kei^on. That cannot be done. Do not
you know ike old case of AL Sydney P I rw-
raember Sir Jooe^ Yates once very wefi muA^
that an avidaBca ought to be adapted to tbeoa
S
%6S] STATE TRTALS, 95 (Charies IL l5SS.^Mf* High Treamm.
[m
9» diH mt llNI Howtrd's t«8tino«ry n single ;
wdA what lie taOts of those two besiBeMeB that
be ealb e consolt, aAd Aflron Smitb, is destroyed
fty wanCof proof. Wbsfteiwld iix mendoP
Can myloitl Howard rai^se five men by bia
credit P by bis pnrse f Let him say as much
for me, with all my heart ; for my part, I do
not know where to' raise five men. That snch
men as we are, that -have no fotkywers, should
imdertake so vast a design is very unlikely : and
tills great design that was carried on thus, it had
Djeilher officers nor soldiers, no place, no time, no
money fi>r it. Thatwhichhesaid l^sttime, which
hd forgot now, he talked of 95, or 30,000/. hot
no man knew where it was to be had, but last
time be 'said, it was spoken in jest. Now this
is a pretty cabal, that six men should' meet
about a business, and they neelect every one
of the points relating to the thin^ they met
about, make no step luout the business, and if
any one did speak of it, it was but in jest. This
is a very deep maintaining of the Plot. Then,
my ford, as to these papers, I do not think I
am to give any account of them, I would say
noting to the disparagement of sir Philip
liloyd, I never saw htm till he came to my
house, but yet I say, he is the king's officer,
and when I am prosecuted at the king's suit, I
think he ought to be no witness. The govern-
mentof France is violent and absolute, out yet
a few years ago, a minister of state bad his
papers, taken from him, and abundance of them
had dangerous plots against the kin^ in them ;
kit because thiey were inventoried m his offi-
cers presence, or those deputed by him, there
was no use could be made of tbem, it was an
irreparable fault in the process, and that saved
him. The similitude of hands is nothing: We
Sow t^t bands will be counterfeited, so that
man shall know his own hand. A gentle-
man that is now dead, told me, that my lord
Arlington about five years ago, desired him to
write a letter, and seal it as well as he could ;
fce writ it with care, and sealed it with a wafer
and wax upon it,, and within a few days, my
lord Ariington brought him five letters, and he
who are to try. Proof bv comparison of hands
would be no proof at all to a juqrman who
could not read. Non-suit the plaintiffl Other
Indorsements on the back of the Bill had been
proved."
Note " When the Trial of Sidney was printed,
leflRprtes ordered what he thought proper to be
struck out ; particularly what col. Sycfney had
ttbfected Of the jury not being freeholders."
Coffins*s Peerage, vol. S, Pt. 1, p. 104, ed. of
17S5, art, Sydney, earl of Leicester.
Tlie printed Irial indeed, ** does not seem
to be given with the candour and impartiality
which are essential to a record. It was, how-
ever, but natural that the prejudices of the
<eourt should be propagated by the press : and
we are to wonder that any justice was done to
ihe prisoner's plea in the rejport ; when so little
was done to the same plea m th« trial and sen-
» Ralph,
VOL. IX»
didnot know #hich was his o#n. The attor-
ney shews these papeta to me, I do not know
whether they are my own or no ; but these
very ^pers, sneh as they are, do abhor, as
much as anyone can, such a design. lA>ok
upon them, you see they are all old ink. These
papeiB majr be writ, perhaps, these twenty
^ years, the ibk is so old. But, my lord, it is a
polemical discourse, it seems to be an answer
to Filmar, which is not calculated for any par-
ticular government in the world : It goes only
upon these general prin<;iples, that accordmg
to the lAuversal law of God and nature, there
is but one gfovemment in the world, and that is
intire and absolute ; and that the )(ing can be
bound by no law, by no oath ; but be may
make all laws, and aM»iish them as he pleases:
And this whether of age or no, a man, or a<
child of sense, or out of his sense. Now, my
lord, what if any man in his cabinet shouM
have written this book? Then be has another
principle, he says, it is the same thing whe-
ther a king come in by ejection, by donatioiV^
by inheritance, or usurpation, or any other
way ; than which, I thinic, never was a thing
more desperately said. ^ Cromwell, when one
White, a priest, wrote a book, wherein he un-
dertook to prove, that possession was the only
right to power, though he was a t}Tant, and a
violent one, (you need not i^onder I call him
tyrant, I did so every day m his life, aiid acted
against him too) it would be so odious a princi-
pie, he would not endure it, and he used him
very slightly for it. Now diis Filmar; that no
man must write against, is the man Uiat does
assert it, that it is no matter how they come by
their power, and giy^ the same power to the
worst usurpers, as they that most rightly come
to the crown. By the same argument, if the
arrantest rascal of Israel had killed Moses;
David, &c. and seized upon the power, he had
been possessed of that power, and been father
of the people. If this be doctrine, my lord,
that is just and good, then I confess it may be
dangerous for any thing to be found in a man's
house contrary to it ; out if a commoner of
England write his present thoughts, and ano-
ther man looldng on hitf book writes his present
thoughts of it; what great hurt is there in it P
Audi ask Mr. Attorney how many years ago
that v^as written.
X. C. J. I don't know what the book was in
ans'ver to. We are not to speak of any book
that sir Robert Filmar wrote, but you are to
make your defence, touching a booh that was
found m your study, and spend not your time,
and the court's time, in that which serves to no
other purpose, than to gratify a luxuriant way
of talkmg that you have. We have nothing
to do with his book, you had as good tell me
again, that there was a pared of people ram-
bling about, pretending to my ford uussell*a
ghost, and so we may answer all the comedies
in England. Answer to the matter you am
indicted for. ' Do you own that paper?
Sidney. No, my lord.
X. C. J» Go on then, it does not become at
3K
•€71
35 CHASLB9 IL l68Sd— THtf^ Jlgamaii SUhef, [S6$
to be impBlieDt to hetr ytiit bat we imffikt to
adTertise you, that you ipend not your tune to
no purpeK) and do yooraetf'an mynry.
Sidney, I say first, it is not pn^ed upon
me ; and secondly, it is not a crime if it be
proved.*
X. C. J. You beofan Tery materiaUy in one
thins^ ; it is material for you to SAplv yourself
to take off the credibiiity of my lord Howard,
that ir a witness; call youf witnesses to. that
purpose, or if ypu have any other point to take
away the credibility of any other witness.
Sidney, My lont, I have seven or ^ght points
oflaw^
X. C. J. I bear not one yet.
Sidney, Why, myjord, conspiring to levy
war is not treason,, and £ desire to have coun-
sel upon that.
X. C. J. It is not a question. Yon had as
good ask me,< whetlier the first chapter in Lit-
etonbelaw.
Sidney. My lord, I have ndther made war,
1^ conspired to levy war.
^ X. C. J. You are still in a mistoke, you shall
not think that we intend to dialogue with you,
to let you know how far the proof hath been
tfiven or not given, but when we come to direct
tne jury, then we shall observe how far the
law requires there should be two witnesses.
But whether <here be such a proof,, that must
Ibelef^to thejury.
Just. Withins. If you ame the conspi-
jracy, I will tell you my mina of it ; 1 cannot
give you my opinion in law, till the ftct be
rotated.
X. C. /. The law always arises upon a point
of fact ; there can be no doubt in point of law,
till there be a settlement in point offset*
Just. Holiaway, My lord has put you in
a right way : The conspiracy is proved'but by
one witaess, if you have any thing to take off
his credibiliur, it is to the purpose.
Sidney, TnAy^ my lord, I do as little intend
• ii
Nothing,'' observes Ralph, " was ever
^aid more peitinently than this; and every
man of common sense must perceive, that if he
had kept to these two propositions, he must
have had the best of the a^fument : But the
abrewd chief- iustice, who saw the opening,
»nd dreaded the consequence, with as mudi
wickedness as artifice, put him immediately on
another scent, namely, to take off the edibi-
lity of lord Howard's evidence ; and thereby
bewildered him, under the pretence of shewing
him a nearer way. — The colonel, with all his
cncumspectien, was now over '-reached t^ It
£attered his passions to ^pose lord Howard,
and it also seemed favourable to his cause:
And though he did not immediatery forego tiiat
part of his defence which de|iended on i*eason
and argument,, he was at last wrangled out of
bis meUiod ; and, by being in a manner com-
pelliHi to call his witnesses prenuiturely, lost*
the great benefit of the many plain,.strong, and
dear inferences, that naturally and necessarily
fluu^ave arisen fitwa it."
to mis-apend my own spirity and y omr time, «a
ever anv man that came before you. Now,
my lord, if yov will make a eoncatenatioD oC
one thing, a rappoaition upon- supposition, f
would take all this asunde^ and shew, if non*
of these things are any thing in themsdves,
they can be nothing jdnod together.
JL C, f. Take your own method, Mr^ Sid-
ney ; but I sayr if you are aman of low spirita
and weak body, it is a duty incumbent upon dia
court, to exhort you not to spend your tima
upon thingH that are not material.
Sidney. My tord, I think it is very material,
that a whimsical imagination of a conspiraey
-should not pass fiir a teal conspiracy of tM
death of the king ; besideB, if^ these papers
were found in my house, it is a crime crated
since m v imprisonment, and that cannot come
in, for tney were found since. My lord, if
these papers are right, it mentioned 300 and
odd sheets, and these shew ndther b^pfinniag
nor ending ; and will yoo, my lord, mdict a
man for treason for scrapanf paper found in his
house, relating to an andent paper, intending
as innocently as any thing in the world, and
piece and pateh tbis^to my lord ^Howard's dis-
course, to make this a contrivance to kill the
king P Then, my lord, I think it is a right of
mankind ; and it is exercised by all studioaa
men, that they write in their own doeets what
they please for their own memory, and no
mancanbeaqswerableforit, unless they pub-
lish it.
X. C. /. Pray do not go away with that
right of mankind, that it is lawful for me to
write what I will in my own closet, unless I
publish it ; I have been told, Curse not the
King, not in thy thoughts, not in thy bed-
chimiber, the birds of the air will carry it
I took it to be the duty of mankind, to obsen e
that.
Sidney. I have lived under the Inquisi-
tion
X. C. /. God be thanked we are governed
by law.
Sidney, I have lived under the Inquisition,
and there is no man in Spain can be tried for
heresy
Justice Withins. Draw no precedents from
the Inouisition here, I beseech you, Sir.
X. C. X We must not endure men to talk^
tha( by the right of nature every man may
contrive mischief in his own chamber, and ha
is not to be punished, till he thinks fit to b%
called to it.
Sidney, My lord, if you will take scripture
by pieces, you will make all the penmen of
the scripture blasphemous ; you may accuse
David of^ saying. There is no God ; and accuse
the Evangelists of saying, Christ was a blas-
phemer and a seducer ; and the Apostles, That
they were drunk.
X. C, J. Look you, Mr. Sidney, if there be
any part of it that explains the sense of it, yon
shall have it read ; indeed we are trifled with a
little. It is true, in scripture it is said, tliers
is no God, and you must not take that atone
^S/i STATE TRIALS, 95 Chariss II. l685d— /#r High Tr^as&n.
im
bntybn mnttsay, The fbol ,batfa aaid in his
hetaif tfaefe is no God. Now here is a things
impiited to yott in the libel ; if yoa can say,
there is any part that is in excuse of it^ call for
it. As fi>r the purpose, whosoeyer does publish
that the king may be put in chains or deposed,
is a trulor ; hut wbosoerer says, that none
but traitors would put the king in chains, or
depoae him, is an honest man ; therefore
lyply adidan^ but do not let us make excur-
Siiln^. f f they will produce the whole, my
ford, tfaien I can see whether one part contra-
dicts another.
L. C /. WeO, if you hate any witnesses,
call them.
Sdney* The earl of Anglesey.
L, C. X Ay, in -God's name, stay t31 to-«
BWrrow in things diat are pertinent.
Sidney ' I jdesire to Jmow of my lord Angle-
aey, what my lord Howard said to him con-
oeming the flot ihat was broken ont.
Ld. An^les^jf, Concerning this Plot you are
now questioned for ?
Sidney. The' Plot for which my lord Ruasdl
«nd I was in prison.
Ld. Anglaey, The question I am asked, is,
What my lord Howard said before the trial
of my lord Russell, concerning die plot ; I sup-
pose, this goes as a branch (n that he was ac-
cused for. 1 was then in the country when the
business was on foot, and used to come to town
a day or two in a week, liring near in Hert*
Ibrdshife, and I understanding the affliction
my lord of Bedford was in, I went to give my
Wrd a yisit, W'e hating been acquaintance of
above 50 years standins^, and bred together in
NaudUn ccdlege in Oxrord. When icame to
my lord of Bedford, and had administered that
comfort that was fit for one chiistim to give
another m that distress,! was ready to leave him,
and my lord Howard came in. It was upon
Friday befo^my lord Howard was taken, he was
takenTas I take it) upon Sunday or Monday, my
Jord Howard fell into the same christian office
that I had been just discharging, to compas-
sionate, my lord's affliction, to use arguments
to comfort and support him under it, and told
faim he was not to be troubled, for he had a
discreet, a wise and a virtuous son, and he
eould not be in any such plot (I think that was
the word he used at first, though he gave
another name to it afWrward) andnis tor&hip
might therefiyre well expect a good issue of
that business, and he might believe his son se-
cure, for he believed he was neither guilty, nor
«o mndi as to be suspected. My lord proceeded
Anther, and did say, that he knew of no such
barbarous design (1 think be called it so in the
second |dace) and could not charge my lord
Bussell widi it, nor any body else. This was
the eAaect<of what my lord Howard said at that
time, and i hare nothing to say of my own
Imowledge more than this ; but to oCserve,
that I was present when the jury did put my
lord Howard particularly to it ; What have you
to say to vnat my lord Anglesey testifies
against you ? My lord, I think, did in three
several places give a short account of himself,
and said it was very true, and gave them some
further account why he said it, and said ha
should bfe very glad it might have been advan-
tageous to my lord Russell.
Sidney, My lord of Clare. I desire to know ^
of my lord of'^Clare what my lord Howard said *
concerning this plot and me ?
Ld. Clare,* Afy lord, a Uttle after colonel
Sidney was taken, speaking of the times, he said,
that if ever he was questioned again, he would
never plead, the quickest dispatch was the
best, he was sure they would have his tifh,
though he were 6ver so innocent, and discours-
ing of the late primate of Armagh's prophecy :
for my part, says he, I think the persecution
is bmin, and F believe it will be very sharp,
but f hope it will be short, and I said I hoped
so too.
Att, Gen. What answer did your lordship
give to it?
Lord Clare. I have told you what I know,
my lord is too full of discoune'^ me to an-
swer all he says ; but for col. Sidney, he did
with great asseverations assert, that be was as
innocent as any man 'breathing, and used great
encomiums in his praise, and Sien he seemed to
bemoan his misfortune, which I thought real (
for never was any man more ^gaged to ano-
ther, than he was to colonel Sidney, I believe.
Then I told, ttiey tdked of papers that were
found ; I am sure, says he, they can make no-
thing of any |Mpers ot his.
Att. Gen. When was fliis ?
Loid Clare, This was at my house the be-
ginning of July.
Att. Gen. How long before my lord Howard <
was taken?.
Lord C/are. About a week before.
Att. Gen, I would ask yon, my lord, upon
your honour, would not any man hare said as
much, that had been in the plot?
Lord Clare. I can't tell, I know of no plot. *
* " It ought not to be.forgotten, that tha
earl of Clare was one of the petitioning and ^
protesUng lords: And, possibly, it- was for
this r^ison that the attorney general laid two
snares for him, in the course of his evidence;
both which be nevertheless broke throngh.
His lordship, in repeating what lord Howard
had said of Usher's prophecy, and his hoping
the persecution would be short, if sharp, added
these words, < and I said I hoped so too.' Upon
which the attorney immediately inteqMsed with
this insidious questionr, *■ What answer did your
< lordship give to it ?' and the earl replied * I
* have told you what I know: My lord is too
' full of discourse forme to answer all he says.*
Again, having ckMed what he bed to say, tha
attoiaey besets him thus * 1 would ask you my
' lord, upon your honour, would not sny maa
' have said as much, that bad been in the plot ^
To which the -earl returned this Spartan an-
swer, * I cannot teO ; J know of no plot.' ***
Ralptu •
871} ^TATE TRIALS^ 35€ba«les II. \6^3.^TrkilcfAlgemm Skbieg, [^7%
SitUuv. Mr. PhiUp Howard.
Just, withins. Want do you ask him f
Sidney, Wliat you beard mv lord Howard
fay coDceiiuBg this pretended plot, or my
bemg in it?
Mr. P. Moward. My lord, when the plot
first brake out, I used to meet my lord Howard
▼ery often at ttiy brother's house, and opming
one day* from Whitehall, he asked me, what
news^? I told him, my lord, says I, there are
abundance of people that have confessed the
horrid design of mui'dering the king, and the
duke. How, says be, is such a thing possible.^
Says I, 'tis so, tney have all confess^ it. Says
he, di( vou know any of their names Y Yes,
says J, I have heard their names. What are
their names, says heP W^y, says I, coL
Rumsey, and iMr. West, and one Walcot and
others that are in the procbunation ; (I can't
teH whether Walcot was in hold) says he, ^t^
imppasible such a thing can be : says be, there
are in all countries people that wish ill tQ tbe
gOFemment, and says ue, I believe there are
some here ; bot says he, for any man of ho-
nour, interest or estate to go about it, is wholly,
impossible. Says I, my lord, so it is, and I
beheve it. Says I, my lord, do you know any
of these people ? ^o, says he, none of them,
only one day, fays he^ passing through tbe
l^cbange, a man saluted me, with a blemish
upon bis eye, imd be embrac^ me, and wished
me 3iil bapiMuess : says be, I could not call to
mind who this man was ; but afterwards I re»
collected myself that I met him at my brd
Sbatlesbury's, and beard aflterwards, and con-
cluded his name to be , his at whose
house tbe king was to be assassinated — ^x-
Att. Gen, fturobold P
Mr. Howard. Ay, Rumbold. My lord, may
I ask if my lord lioward be here P
L. C, J, He is there behlo<1 you.
Mr. Howard, Then be will -hear me. My
lord, says 1» what does your k>rd8hip think of
this buSiiness ? Says he, I am in a maze: says
I, if you will be ruled by me, you have a good
opportunity to address to the l:ing, and all the
discontented lords, as they are caUed ; and to
shew your detestation and abborreuce of this
thing $ for, says I, this wiU be a good m^'Aos
to reconcile aU things. Says be. You have
put one of the best notions m my head that
^erwas put. Says f, you are a Tervgood
penman, draw up tbf first address (and f be-
lieve I was the first tfiat mentioned an address,
you have had many an one since, God send
them good sujccess.) Says he, I am sorry my
lord ofBssex is out of towia, be should present it.
But, savB I, here is my lord Russell, my lord of
jBedlbrd, my lord of Cbre, all of you that are
disaffected, and so acoounledY go about this busi-
ness, and make the nitionihappy and kine hap-
ny. Says be, Will you stay tiU i oome kack P
Ay, says I, ifyoa will come in Miy time; bnt he
never came back while I was thve. The
next day, I think, my lord Russell was taken,
and I came and found him M my brother's
boose again (for there he was day and night) ;
says be, cousin, What news? 8rai I, oiv
lord Russell is sent to the Tower. We are a&
undone then, says he. Pray, ^says be, ao to
my lord privy-seal, and see if tou can find [
am to be taken up.; says he, I doubt 'tis a
sham-plot ; if it was a true plot, I should fear,
nothing ; says I, What do you put me logo te
my lord pnry-seal forf He is one oTthe
king's cabmet coitf oil, do you think he will tell
mer I won't go; but, says I, if yop are not
guilty, why would you have me to go to en-
qiiire P Why, says ne, because I fear 'ti» not
a true plot, but a plot made upon us, and there-
fore, says he, there is no man firee. M v lord,
I can say no more as to that time (and there is
no man that sits here, that wishes the khu^
better than I do). The next thing I come to is
this, I came the third day, and he was nnshty
sad and mehmcboly, that was when ciA, jSidn^
was taken ; savs I, Why ar^ you so mehmdio-
ly, because col. Sidnev is taken P Says I, co^.
Sidney was a man talked of before, why wera
you not troubled for my lord Russell^ that is of
your blood P Says he, I have that particular
obligation from col. Qidney, that no one man
bad from another. I have one thing to say
farther, I pray I may be rightly nndentoodm
what I liave said.
L, C. J. What, would yon hare us under-
take for ail the people that near you P 1 think
you have spoken very materially, and I wifl
observe it by and by to the jury.
Sidney. Pray call Dr. BumeL
Just Waicot. What do you ask Dr. Bur-
net P
Sidney, I have only to ask Dr. Burnet, whe-.
tber after the nevrs of tliis pretended plot, my
lord Howard came to him, and what be smd to
him.
Dr. ]iumet. My lord, Uie day after thiapbt
brake out, my loi^d Howard ^ame to see me, and
upon some disooiurse of the plot, with .bands
and eyes UAed up to heaven, ne protested be
knew nothing of any plot, and believed no-
tbm^ of it, and said, that be looked upon H as
a ridiculous thing.
My lord Po^e^ was sent for at the pcisooer^s
request, being m the hall.
Col. Sidney, My lord, 1 desire Jeaeph Dncas
may be called. [Wbq appeared, bong a Frsnefa*
man.]
Sidney. I desire to know whether he was
not in my house when my lord Howard eame
thither, a littieaAer i was made a priaqner, and
what he said upon it P
Duoa$» Yes, my lord, my lord Howard
came the day after o^onel Sidney was tidken,
and be askcati me, where was the cokmel ShIt
ney P And I said, he was taken by an order
of the kin?, and he said. Oh Lonl! What ig
thatjEbr P I said. They have taksn papcfS ; he
said, aueseme papers l^P Yee. Have th^
taken something more P No. Well, yea nainft
take all the things out of the house, ahd cany
them to some youean trust : 1 dare trust ne
bodyv. says h^\ I mil knd mj coach ««d
«|^] ^ATE TRIALS, 35 Chaili:s II. lfi»3.^4^ ffiglk 7hm«. [87«
C0»olwaii, said I, if tM fokmal 9id|K4Qr#iU
Mkre bis goods ; he save them^ if not, it is no
ipatter. A litUe after tbe lord Howard came
in the house of col. Sidney about eleven
o'elpolc at night, when he was ii|, I tojd theiyi,
What is this ? They talk of a ^lot to kill the
king antfthe duke, and I told uiq, they spijce
of one general insmrectioii ; and I told him
more, tm I understood that ool. Sidney was
■ent into Scotland: when mv lord Howard
undenttpod thfit, he said God knows, I know
tkothingof thii', and I am sure if the colonel
Sidney was concerned in the matter, he would
tdJ me something, but I know nothing. '^^
my lord, I told ium, I believe you are not safe
ifh this house, there is more danger here than
in another place. Says he, I have been a pri-
soner, and I bad rather do any thing in the
world than be a prisoner again.
Then my lord Paget came into the CiHirt.
' C6L Sidney, Pray, my lord, be pleased to
teU the Court, if my lord Howard has said
any thing to you concerning this late pretended
I^Ot, or my being any partv in it
Lprd Paget. My lord, I was subpcena'd to
come hither, and did i^ot know upon what ac-
count ; I am obliged to say, my lord Howard
was with me presendy after tbe breaking out
of this Plot, and before bis appearing in that
part which he now tu^ts, he came to me;
and I told him, that I was glad to see him
abroad, ^d that be was not concerned in this
disorder. He said, he had joy from several
concemiog it, and he took it as An iiyury
to him, for tbat it iotdced as if he were
GgOty . He said, he knew notbing of himself,
nor any body el^. And thoo^h ne was free
in diaoottcse, and free to go mto any com-
pMsy indifferentiy ; yet he said, he had not
teen any bodj^. that could say any thing of
him» or give mm occamoo to say any thiiig of
any body else.
^dtujf, Mr. Edward Howai^.
Mr. £. Howard, Mr. Sidney, what hare
yoo to say to me?
Col. Skdriey, My lord, I desire you would
ask Mr. Ed.. Howard the same ming, what
discourse he had with my lord HowaAl about
jhisPtot?^
X. C. J. Mr. Howard, Mr. Sidney desires
yoa to tell what discourse you had with my
lord Howard about this Plot.
Mr. E. Howard, My lord, I have been for
some time very intimate with my lord, not
only upon tbe account of oar alliance, but upon
a strict intimacy and correspondence of firimd-
ahip, and I thmk I vras as miicfa kis as. he
could escpect from that allianoe: I did move
him dmriog thi$ time, to serve the king upon
the most ^nourable aocooot i could, but that
proved ineffinctuai : I pass that, and come to
ihe business hcve. As soon as the Plot brake
cat, my letd'havmg a great intimacy with me,
tipiressed a great detestation and snrpriaing in
himself io hear of it, wherein my lord Howard
assured me fuider v^ great asswiefilioBS,
tbat he could neither accnpe hioMelf, n^^wiy
man living. He told m^ moreover, that tipetm-
were certain persons of quaUty, whom he was
very much concerned for, diat they should be
so much reflected' upon or troubled, and be
condoled vfry much tbeir condition, both be-
fore and after they were tsken. My knd, I
believe in my conscience he did this witlMolt
any mental reservation, or equivocation, for he
had no reason to do it with me. I add moie*
over,. if I have any sense itfroy lord's dispos
sition, I think if he liad known any such thing, be
would not have stood his being taken, or made
his application to the kin^ in this inanner, I an^
afraid not so suitable to his qualily .
X. C. /. No reflections upon any body..
Mr. Hfiward. IScv lord, 1 reflect upon n*
body. I understand where I am, and have a
respect for the |>lace ; but since yoor lordshi|^
has given me this eccasMHi, I most needs say,
tbat that, reproof that was accidentally givoi
me at the tnal of my lord Russell, by reason
of a weak memory, inade me omit some partis
culars I will speak now, which an these, and J
think they are material : my lord, upon the
diMxiurseof this Plot, did further assure nie^
that it was certainly a sham, even to his kiiowi«
ledge : how, my lord, says 1, do you mean a
sham ? < Why, says he, such an one, couan, aa
is too black for any minister ef puUic employ «
ment to have devised ; bui, says he, it was
forged by people in the dark, such as jesaita
and papists ; and, says he, this is my oonsci<*
enoe. Says I, my lord, if you are sure of this
thing, then pray, • my lord, do that honousaUe
thing that beicomes your quality, that is, gif«
tbe King satisfaction as oecomes you ; pray
make an address un^r your hand to the king,
whereby yon express your detestatkin and a&*
horrence of this thing. Says he, I thaidi yo«
for TOur counsel : to what minister, says bet,
shall I apply myself? I pitched upon mv kii4
Halbfax, rad I told him of my lord's desiNii
and I remember my lord Howard named the
duke of Monmouth, my lord of Bedford, the
earl of Clare, and he said he was sure thej
would do it ; that he was sure of their inno^
cence, and would be glad of the occasion : and
1 went to my lord HaUifax, and told him thai
my k>rd was willin^^to set it under Ua hand^
his detestation of this Plot, and that these waa
no such thing to his knowledge. ^My lord
HaUifax very worthily received me ; says ha^
I will introduce it ; but my kird Ruamll bein|f
takeb, this was laid aside, aod my loed gaw
this reason. For, says he, there *will be so
many people taken, they will be hinda«d. I
must needs add from my conscience, and from
my heart, before God and man, that if my lord
had spoken before the king, setting upon hia
throne, abating for the soleauiity S tne nra«
aence, 1 opuU not have more beheved baaa,^
from that assurance be had in me. And I aei
sure from what I have said, if 1 had thehooov
to be of this gentleman's jury I menSA. not he«
iieve him.
JLCiJ. ThatmuMnotbeaqiHMt .
Att, Gem, You ought to be bound to your
good behaTionr for that
Li C.J. The jury are bocmd by their oaths
to go aooording to (neir evidenoe, thpy are not
to go by men's ocmjectareSi
Mr. Bowarii. May Igo, my lord P
An. Gen. My lotid Howanl deairei he may
itay, we shall make use of him.
Sidney. My lord, I spake of a mortgage
that I had or my k>id Howard, I do not know
whether it is needful to be proved ; butit is so.
Lord Henard. f confess it.
Sidney. Then, my lord, here is the other
Kint ; he is mider the fear, that he dare not
tsay what be thinks will condaoe towards
the gaining his pardon ; and that he hath ex-
jpnssed, that be ooold not hare his pardon, bat
he must first do this dradgery of swearing. I
■eed not my, that his son should say, that he
was aony his fiidier could not get his pardon
unless he did swear against eqme others.
Sidney. CaH Mr. flake. [Who appeared.]
My ferd, J desire he may be asked, whether
■ly lord Howard did not tdl him that he could
Bot get his pardon yet, and he could ascribe
it to nothing, but thatthe drudgery of swearing
most be over first.
Then my Lord Chief Justice asked thequestion.
Mr. Blake. My lord, I am very sorry I
should be called to give a public account of a
private conversation, how it comes about I do
not know. My iord sent fi>r me about six
weeks ago, to come and see him. I went, and
we talk^ of news ; I told him, I heard no
body had their pardon, but he that first disco-
vered the Plot; he told me, no; but he bad
his warrant* fi>r it: and, says he, I have their
word and honour fi>r it ; but says he, I will do
nothing in it till I have fiirtber order; and
says he, I hear nothing of it, and I can ascribe
it to PC jolher reason, but I must not have my
pardon till the drudgery of swearing, is over.
These words my lofdsaid, I bdieve my lord
woi^'t deny it.
Then col. Sidney called Mr. Hunt and Bur-
roughs, but they did not appear.
Col. Sidney. It is a hard case they do not
wpear. One of them was to prove that my lord
Reward said he could not have his pardon till
he had done some other jobs.
X. C. I. I cannot help it ; if you had come
for assistance from the Court, I would wil-
lingly have done what I could. .
Then col. Sidney mentioned the duke of
Buckingham, but he was informed he was not
subpcenaM.
Sidnev. Call Grace Tracy ^d Eliasabetii
PenvricK. [Who appeared.] I bA you only,
what my lord Howard said to you at my house
oonoemmg the Pk>t, and mv being in it P
TVaof. Sir, he said, that be knew nothing of
a Plot. he protested, and he was sure col. Sid-
ney knew nothing of it And he said, if you
tewany ^jbingof it| he moat needs know of it,
l6Sd.-^rrfdt ^AlgtnM SUkuy, ^ IST6
for he knew as much of your concerns as any
<nie in the worid.
Sidney, Did betake God to witness upon it?
Traty. Yes.
Sidney. Did he desire my plate at my
house ?
2V^. I cannot tell that, lie said the gooda
might be sent to his house.
Sidney. Penwidk, what did my lord Howard
m in your hearing concemii^ the pretended
Plot, or my plate carrying away f
Penmick. When he <iame, he asked for your
honour, and they said your honour was taken
away by aman to the Toww fi>r the Pkit, and
then he took God to witness he knew nothing
of it, and believed your honour did not neidier.'
He said, he was in the Tower two years i^,
and your honour, he bdieved, saved nis life.
Sidney. Did he desire the plate?
Fenanck. Yes, and said it should be sent
to his house to be secured. He said it was
only malice.
Mr. Wharton stood up,
Wharton. It is only this I have to say. Tint
if your lordship pleases to shew me any of
these sheete of paper, I wBl undertake to mii*
tate them in a httle time, that you shan't know
which is which. It is the easiest hand that
ever I saw in my life.
Att. Gen, You did not >rite these, Mt^
Wharton?
Wharten. No ; but I will do this in a very
little time, if you please.
X. C. /. Have you any more witnesaes f
Sidney. No, ray lord.
X. C. J. Then apply yoursdf to the jmy.
Col. Sidney. Then this is that I iNwe to say.
Here is a huge complication of crimes kid to
my charge : I did not know at first under what
statute they were, now I find ills the statuteef
35 Edw. 3. Thisstatute hath two brmches;
one rdating to war, the other to the peraon of
the king, tnat relating to the person of the
king makes the comjiiring, imagining and
compassing his death, cnmintu. Thatconodn^
ing war is not, unless it be levied. Now, my
lonl, I cannot imagine to which of these they
refer my crime, sm I did desire your lordship
to expuiin it. For to say that a man did meet
to conspire the king's death, and he thatgivea
you the account of the business does not
speak one word of it, seems extravagant;
ror conspiracies have ever their denomi-
nation fit>m that pomtto which they tend ; aa
a conspiracy to make fidse coin inters instru-
menti and the like. A conspiraey to take
away a woman,* to kfll or rob, are all directed
to that end. So conspiring to kill the kii^,
naust immediatdy aim at kilfing the king. The
king hath two capacities, natural and- politie,
tiiat which is the politic cannot be vrithin tfa#
statute, in that sane he never iliesy and it is ab-
surd to say it should be a feult to kill the kfa^
than cannot die«: so then it must be the natard
sense it must be understood in, which must he
donebyawoid, by pistol, or any adier way.
STATE TRIALS, 3$ ChaslesIL l69S,--ftr ESgk TreaioH,
Now if there be nol one woid of this, then
that is utterly at an end, though the
witness had been good. The next point
is conoemiag levying of war« Leryins^ of
War is made treason tneine, so it be uroved by
overt-act: but an overt7act of that never
was, or ban be pretended here. If the war be
not levied, it is^not within the act, forconspi-
ripgto levy war is not in the act. My lord,
there is no man thinks that I would loll the
king that knows me, I am not a man to
have such a design, perhaps I may say I have
Saved his life once. So that it must be by im -
plication, that is, it is first imi^fined that I in-
tended to raise a war, and then it is iooagined
that war should tend to the destruction of the
lung. Now I know &at may follow, but that
is not natural or necessary, and being not na-
tural or necessary, it cannot be so understood
by the law« That it is not, is plain ; for many
wars have been made, and the death of the kins'
kas not foQowed. David made war upon Saul,
jet no body will say he sooffht his death, he
liad him under his power and did not Idll him ;
David made war upon Ishbosheth, yet did not
design his death : and so in England and France
kings have been taken prisoners, but they did
sot kill them. King Steph«i was taken pri-
soner, but they did not kill him. SoJ that it is
two distinct things .to make "war and to en-
deavour to kill the king. Now as there
is no manner of pretence that I should
endeavour to kill the king directly, so it
csnnot.be. by inforence, because it is treason
under another species : I confess I am not fit
to argue these points, I think I ought to have
eounsel, but if you wonH allow it me, I cannot
help it ; but these things are impossible to be
jumbled up together. Now I say this, if I am'
not under the first branch, if not directly, I
cannot be by implication ; though I did make
war, I cannot be said to conspire the death of
the king, because it is a distinct species of
treason ; and my lord Coke says, it is theover-
throw of cJl jostice to confound ' Membra di-
^ Tidentia.' Now if the making of war cannot
be understood to be a conspiring the death of
the king, then I am not guilty of tbis indictment ;
but here my lord, is neither conspiring the death
of tbe king, nor making war, nor coospirlnsf to
make war. Besides/I say, it is not the best
man's evidence here would be g^od in this case,
because the law requires two. The next thing
IS the business of Aaron Smith, which my lord
tells so imperfectly^,- and so merely conjectural,
that there is nothing in it but his rhetorick in
setting it out. He tdls you of a letter sent with
him, but he does not tell you by whom writ,
what was in it, or whether it was delivered or
no ; so that I tliink we may lay that aside as
Uie other, as things nothing in them at all.
Then says Mr. Attorney, mese Scotch gen-
tlemen are come to town, I profess I never
heard the names of one of them till he named
them to me in tlic Tower. I have not sent my - ,
self, nor writ a letter into Scotland never since
the year 59, nor do I know one man in Soot-
[87T
land to whom I can write, or from whom I ever
received one. I returned into England in ths
year 77, and since that time have not writ nor
received a letter from Scotland. Then some
gentlemen 'came hither, what is that to me T
I never saw one of the Gampbelk in my life,
nor Monro ; if any one can prove I have had
any communication with them, I will be glad
to sufier. Th^n here are papers, if any thing is
to be made of them, you must produce the
whole, for it is imposflnbleto medce any thing of s
part of them. You ask me, what other passage I
would have r^, I do not know a pMsage ia
them, I cannot tell whether it be geodorbad.
But if there are papers Ibnnd,- it is a great
doubt whether they were found in my study
or no, or whether the^ be not counterfeit ; 'but
though that be admitted that they were found
in my house, the hand is ^ch, that it shews
they have been writ very many years. Then
that which seems to bean account of the sec-
tions lind chapters, that is but a scrap, and what
ifanybodyhad,my lord, either in my own hand
or another's, found papers that are not well justi-
fiable, is this treason? Does this imagine the
death of the king ? Does this reach the life of
the long ? If any man can' say I ever printed a
sheet in my life 1 will submit Co ainy punish*
ment. Manyothers,my lord, they wnte,and
they write what comes into their heoik. I
believe there is a brother of mine here has
forty quires of paper written by my father, and
never one sheet of them was pubhsbed ; but he
writ his own mind to see what he could think
of it another time, and blot it out again, may be.
And I myself, I beHeve, have burned more
papers of my own writing than a horse can
carry. So that for these papers I cannot answer
for them, there is nothing in it,and what con-
catenation can this have with the other desiga
that is in itself nothing, with my lord's select
council selected by no. body to pursue the de-
sign of my lond Shaftesbury ? And this, council
that he pretends to be set up for sogreat a bu-
siness, was to be ad|jiisted with so much finau
so as to bring things togetiier, what was this
jintiMt to do ^ (taking it for granted, which I
do not.) This was nothinff (if he was a credible
witness) but a few men tuking at large of what
might be or not be, what was like to fall out
witnoutany mann^ of intention, or doing any
thing ; they did not so much as enquire, whe-
ther there were men in the country, arms or
ammunition. A war to be made by five or six
men, not knowing one another, not trusting on*
aAotber. * What said Dr. Coxe in his evicfaace
at my lord Russell's trial, of my k>rd Russell's
trusting my lord Howard ^ He might say the
same oTsome others. So that, my lord, I say
these papers have no manner of cuherenoe, no
dependence upon any such design. You must
go upon conjecture upon conjecture } and after
all, you find nothing butonly papers, never per*
feet, only scraps, written many years age, and
that could not be calculated forthe ramg of th^
people. Now, pray what imagination can be
more vain than that ? And what roan ciui bt
fife, if' the kiiig's couaad may make sueh
(whimsical I won^ say, but) groundlefls ooti-
itnictioiis <* Mr. Attorney says, the plot was
brodcen to the Soota, fGod knows we Were nei-
ther broken nor joiQea)>aQd that the Campbells
came to towp about thattiine I was taken ; and
in the mean time mv lotd Howard, the great
contriver of all this plot, who was most actiTe
and advised the bindness that consisted of so
ttiQch/inesse,he goes there and agrees of nothing,
and then goes into fissex upon great important
business, greater (han the war or England and
Scotland, to what purpose P To locw after a
little pimping manor, and what then? Why
then it must be laid aside, and he must be idle
fire weeks at the Bath, and there is no en-
quiring afler it. Now, I desire your lordship
to consider, whether there be a possibility fi>r
any men, that hare the sense or porters and
grooms, to do such things as he would put
upon us. I would only say this; if JMb. At-
^rney be in the right, there was a combination
with the Scots, and then this paper was writ ;
for those that say I did it, say 1 was doing of it
then ; and by the notes, there is work enough
for four or five years, to make out what is men-
tioned in those scraps of paper, and this must
be to kill the king. And! say this, my lord,
that under favour, for all constructive treasons
you are to make none, but to go according to
eain proof, and that these constructive treasons
long only to parliament, and by theinunediate
proviso in that act Now, my lord, I leave it
to your lordship, to see whether there is in this
any thing that you can say is an overt-act of
treaoon mentWDsd in. 95 Edw. S. If it be net
plainly under one of the two branches, that I
nave endeaTonred to kill Ae king, or levied war,
then it is matter of construction, and that be-
longs to no court but the nariiament Then
mv lord, this hath been aajudged already in
Throgmoiton's case. There are twenty judg-
ments of nariiament, the act of^S £hz. that
Bays—-— t should have somebody to speak for
me. my lord.
X. C. J. Wears of another opinion.
. Just Withint. If you acknowledge the mat-
ter of fhct, you say w^.
Col. Sidney. 1 say there are several judg-
ments of parliament, that do shew whateveir is
coDstVQctive treason does not belong to anypri-
▼ate oomt. That of 1 Maiy, 1 £d. 6, 1 Ehx.
5 Elis. 18, another la Car. shews this. Now
my lord, I say that the businesi concerning the
|Nkpera, it is only ^ similitude of hands, which is
just nothing. In my lady Carr's case, it was
leaobed to extend to no onminal cause ; if uot
taany then not to the greatest^ the most ca-
pM. Sothat I haveonly this tdsay, that 1
IhiBkiiis unpossibte for the jury to find this
maMer; forth* ibvtpoiat you proved by my lord
Howani,thaft I think is nohady^ and the last
eonccmittg the papers, is only imagination from
Ihtt stmilitude of bands. A' I had puMished
it^ I most iMPre answered fbr it; erifthething
knd^bten whole and mtne^l must have an-
bttti«v<^ese4Mia|#iicfcr shewed
1683.— Trjai of Algernon SUkuy, [8S0
any body, thaiti ^iftkddeanotalalfooneeni
me. And I say, if the jury shovtd ftid il
Srhich is impossible they can) I desire to have
e law reserved unto me.
Solicitor General, Hy lord^ and yon gentle-
men of the j^ury, the evidence bath oeen long;
but I -will endeavour to repeat it as fadthfViUy
as I can. The crime the prisoner studs ao-
oused for, is compassing and imagining the
death of the king. Thai which we go about
to prove^ that compassing and imagining hy,
is by his meeting, and consulting hew to raise
arms against the king, and by plain ma^t^ is
writing under his own hand wliere he does
affirm, it is lawful to take away and destroy
the king. Gentlemen, I will begin with the
first part of it, the meeting and oonsnltatien le
raise arms against the kmg. The prisoner,
gentlemen, hath endeavourod to avoid the
whole force of this evidence, by saying, that
this in point of law can't affect him, if it vrero all
proved ; for this does not amount to a proof of
nis compassing and imagining, the death of the
king, and he is very long m interpreting the
act of parliament to you of 85 Edw. 3, and
dividing of it into several members or brandies
of treason ; and does insist upon it, that though
this should be an ofl^ce within one bzaneh of
that statute, yet that is not a proof of thd otiier,
which is the branch he is jnoceeding upon,
that is the first clause against the cempassiqg
and imagining the death of the Idi^. And,
says he^ conspiring to levy war is not so mudi
as one brancn of that statute, but it mual he
war actually levied. This is a matter he is
wholly mistaken m, in point of law. It hath
been adjudged over and over agam, that an act
which is in one branch of that statute, may he
an overt-aet to prove a man guilty of another
branch of it. A levying war is an overt-act to
prove a man gniltjr of conapirmg the death of
the king. And this was adjudged in the cnae
* of sir Henry Vane, so is meeting and consult-
ing to raise arms; and reason dees plainly
sp^ak it to be so ; for they thkt oon^ire to
raise war against the king, can't be presumed
to stop any where, till they have detnroned ar
murdered the king. Gentlemen, 1 won't he
long in citing authorities, it hath been settled
lately by all the judges of England, in the case
of my lord Russiell, who hathjBuffered for this
conspiracy. Thovforo that point of law will
be vCTy plain- against the jprisoner. He hath
mentioned some other things, as that there
must be two witnesses to every particular fact,
and one witness to one fact, and another to aa-
other, is not sufficient; it hath been very often
objected, and as often over-ruled : it was ov^r-
ruled solemnly in the case of my lord Stafford.
Therefore if we have one witness to one overt-
act, and uioCher to another, they will be twe
witnesses in law to eonvict this prisoner. In
the first part of our evidence, wo give you an
account of the geneml deugn of an insurrec*
tion that was to have been, that this was con-
trh^ irstf Witon my lord fStMe^vry was in
£ngkiid, that after my hrd ShafWabaiy waft
3
881] XTATE TJtIAL9» 35 CHAttBsIL m3.^0r Bigk Thit$m
[Mt
gwie, the bwincn did not frll, bat tbey thoa]|;bt
fit to revive it a^in, and that ihej might carry
it on the more steadily, th^y did contrive a
oonncil among tbemselTes of six, whereof the
Sriaoner at the bar was one. They were the
nke of flf<^niBOttth, my lord of Easex, my lord
Howard, my lord RaaseU, the prisoner at the
bar, and Mr. Hambden. This council they con-
trirad to manage this affair, and to carry on
tbdt design, that seemed to fall by the death of
my lord of Shaftesbunr, 'and they met ; this we
give you an account oi^ first by witnesses, tb<t
ffrnve yon an account in general of it. And
ilieii^ they were not privy to it yet they heard
of this council, and that col. Sidney was to be
one of this council. This, gentlemen, if it had
stood alone by itself, had been nothing to afieet
tiie prisoner at all. But this will shew yim,
tint it was disconned amonif them that were
in this conspiracy. Then my lord Howard
ffives you an account, that first the duke of
Monmonth, and he and colonel Sidney met, and
it was agreed to be necessary to have a council
that should consist of six or seven, and they
were to carry it on. That the duke of Mon-,
month undertook to dispose niy lord Russdl to
hf and colonel Sidney to dispose the earf of
Bssex, and Mr. Hambden ; that these ffentle-
Bicn did meet accordingiy, and the euMtance
flf their discourse was, takW notice how the
design had laDen upon the death of my lord
Shulelmry, that it was fit to carry it on before
men's inclinations were oodl, ibr they found
thi^ were ready to it, and had great reason to
believe it, because this being a business com-
municated to so manV) yet for all that it was
kept very secret, and no body had made any
mention of it, which they looked upon as a cer<
tain argument that 'men were ready to engage
in, it. This encouraffed them to go on in tms
nonspiracy. Then when the six met at Mr.
Bambden's house, they debated concerning the
pbce of rising, and the time ; the time the^
conceived must be suddenly, before men^s
minds were coot, for now they thought they
were i«ady md very much disposed to it ; and
Ibr place they had in debate, whether they
riMMUd rise first in the to%vn, or in the country,
or both together. And for the persons, they
thought it absolutely necessary for them to
Imve the nnited councils of Scotland to join
with them, and therefore they did refer this
matter to he better considered of another time.
And they met afterwards at my lord Russell's
bodse in February, and there they had dis-
course to the same purpose. But there they
began to consider with uiemselves, being they
vers to dwtroy'tfais government, what they
ihoiild set up in the room of it, to what purpose
they encased. For they did very wisely con-
alder, vtuM be only to serve a torn, and to
make one maii great, this will be a great bin-
demnee in their a£bir, therefore they thought
it was neceanry to encage upon a pubhc ac-
count, and to resolve Jl into the anthocity of
pnrliMBeBt, which surely they either thought
IS fcvee the king, to ciill, or otherwise th«t the
people might call a parliament, if the king f«»
rased, and w6 they choose their own head*.
But still they were n|ion this point, that it wae
necessary for their f nends in Scotland 4o have
their councils nnited with them, and in order
to that, it was necessary to contrive some way
to send a meaoenger into Scotland, to bribg
some men here to treat and consult about it^
and colonel Sidney is the man that does engage
to send this messenger, and he had a man very
fit for his turn, that is Aaron Smith, whom he
could confide in, and him he undertook to send
into Scotland. This messenger was to^ fetch
my Jord Melvin, the two Campbells, and sir
Jonn Cockram ; colonel Sidney as he engaged
to do this, so aflerwards he did shew to mj
lord Howard moni^y, which he affirmed wai
for that business ; be says it was of a sum about
sixty guineas, and he believes he gave it hirOy
for that colonel Sidney tokl him, Aaron Smitli'
was gone into Scotland ; that the pretence was
not barefaced to invite them oi^er, to consult of
a rebellion, but to consult about the btcdness of
Carolina, being a plantation for the persecuted
brethren, asythey pretended in Scotland. Gen*
tlemen, these (Scotchmen that were thus sent
for over, thev came accordmgly, that is, the
two Campbells, and sir John Cockram, and
the discourse with sir Andrew Foster was ae-
cording to this cant that was agreed on before*
hand, concerning a pivitation in Carolina.
This was that that was pretended for their
coming hither ; but the true errand was, die
business of -the insurrection intended, g:ende->
men, that they caine upon such a design, is *
evicient from the circumstances; they came
about the time the business brake out, and in
that time snsptciouslY chan^ng their lodgin^y
they were taken making their escape, and thm
at a time before it was probable to be known
abroad that these men were named as part of
the conspirators. These things do very much
verify tne evidence m^ lora Howard hath
given, and there is nothmg has been said, does
at all invalidate it. The sending of Aaron
Smith into Scotland, and bis "^ing, and the
coming of these men, and their endeavouring
to miS^e tiieir escape, are mij^hty. concurrent
evidences with the whole evidence my lord
Howard has given. Now, what objections iftM
made against this evidence? Truly none eft
all. Here are persons of great quality have
given their te^mony, and £ey do not impeach
uYy lord Howard in the least ; but some do ez«^
tremely confirm the truth of my lord Howard*
My lord Anglesey gires you. an account of n
discount at my lord of Bedford's, that my lor^
Howard came in and that my lord Howard
should there comfort my lord of Bedford, and
enlarge in the commendatiotassof his son, and
say he was confident he knew nothing of the
desi^, and be most be innocent Gentlemep,
this IS tlie nature of the most part of the evi*
denoe. My lord of Clare his evidence b much
the like, that is, his denying that he knew of
any plot Now here is my KHrd Howard under
a gmit of high-treason; for hewatone of thoM
SL
t»] STATE TRIALS, S5 CtK A|tL» 11. iStS^^Tria^ff A/germm SUkug, [&M
— pqwfttew not yd dncorftvii, nor no eri*
4eiiGe of afty dwewirie leadiai^ to aoy.tbiiy
4b«t Bbould give oocasipn to him to ftrotett his
iBoooaiey > imd n^g he^ I know nothiog of the
plot You wodid hare wondered if he should
MTe beta talking in aUplaees his koowledee,
«nd*deelaring himself: His denyiojp of ii oodor
ed and taken lor it Here Mr. Philip Howard
oays, he had oereral disoonrses with ntm about
this business, upon the breaking* out of the {dot,
and that he aovised him to make an address,
and that this was a tiling that would be very
aceeptable, and Yery much ibr their Wndication ;
and my lord Howard (he says) thanked him
ibr his Terr good adrioe, and said, ne would
feUow it: And presently after, when my lord
Runell was apprebenifed, Mr. Howard tells
him the news, that tany lord Russell was appre-
hended ; this was sadden to him. And what
says he? We aVe all iJtadone. When my lord
' Rossdl that was one of this council, that was a
0ocret council, and could not be traced but bv
■ome of themselves, when he is apprehended,
then he figdls out into this expression, we are
all undone.. This is an argument my lord
ff oward had guHt upon him. For, why" Were
they alt undone, that my lord Russell was ap-
pranended, any more than upon the appre-
hendhig the rest? Yes, because my lord was
one of the six, and now it was come to the
knowing of that pnt of the conspiracy. It
was traced to the council of six, which in all
IBc^ibood would break the neck of the design*
Now though he put it off afterwards, saying,
' I believe It a sham plot,' yet this was but a
trivial put-ofll And then, when colonel 8id-
n^is taken, the satae witaess Mr. Howard
teOs you, my lord was very sad and melan-
choly ; lift* then he had greater reason to lie
linder ad apprehension of Mng detected.
TherefoK, ffentlcmen, tibis will ra£er copfirm
• the truth of the evidence, dian any way im-
peach it Then (for I wouM Repeat it allj
though I think it had no great weight in it)
Dr. Bomet says, that after the plot, my lord
Howard pretended he knew uf no plot This
Si no more than was testified by the other lords
hefore ; and aH it fanports, is, that my lord did
ai»t' discover himself to Dr. Buraet. But I
wottUf fiuo know, H my k>rd had told Dr. Bur-
aet^ had it not argued that he had great cenfi-
deftoein him^thathe thought him a man fit to
be intrusted with sueh a secret f And unless the
doctor desires to be thought such a man, him^
ielf must own it is no ohyeclion, that my knd
Bowatd did not<tell him. Ducas's. testimony
is no more neither^ that he protested he was
famocent, and believed ooloneF Sidney wasin-^
Meent, and this ^ras before my lord Howard
disoovered any thing of this plot Then colo-
nel Sidney objc^, this is by malice^ my lotd
Howard owes him money, and seeks to- pay
his debts by taking away his life; and in fur-
ther prosecutioa of^diis maHce, would hav»
upon his gisods. But the tvidence doe*
I
not raieeiw.fueh ootis^nction, for sty )or4
Howard only offered colonel Sidney the civility
of his house to protect his plate and goods.
Now, gendemen, there were two ether wit*,
nesses, my lord Paget and Mr. Edward How-
ard; but they say no more than the rest of
them, that he did protest his innocency ; and
theguiltwbenhewasnotaucUsedjisnothing to I Mr. Howard says, ne advised htm to make an
his confession when he comes to be apprehend- ^ address to the khig. This, gentlemen, 1 ror
Iher pi
Mnad 1
peat, not that it is material, but for no other
reason, than because colonel Sida^ had pro-
dnced it ; and so we are to think, be intended
to make some use of it ; but I cannot see any
inference to be drawn from it There is una
witness more, and that is Mr. Blake, to the
credit of my lord Howaid, who comes here,
and says, that when he discoursed about a par-
don, my loird shouM say, tliat he had a warrant
for his pardon, but that he had not yet passed
it, and could not yet ; and he apprehended the
reason was, because the drudgery of swearing
was not over. But this is but what my kMo
Howaird had conjectured: First, it does not
appear, that there is any promise of pardon at
all to my lord Howard, on any terms imposed
on him. In the next plaoe, wnaterer cKpeeta-
tion he has of a pardon, he cannot reasonably
hope for it without making a clear disooyeryeir
all he knows : For to stifle the eviienoe he jisb
given, is not a way to deserve a pardon of -his
prince. Therefore, gentlemen, wjiatercr ex?
pressions were used, though be called it the
drudgery of swearing, however unwilling he m
to come to it, and though he eires it very
many hard names, and might Sunk it ypcj
harsn to come and own himself to he one of
the conspirators, it might be irksome, and very
irksome^ >yet none ol them tell you, that my
lord Howard should say, that what he had
said was not true. Now he has cooie aii&
S'ren his evidence, and you havo- heard ali
ese olgections against it, and not one of tbeia
touch it in the Keut.
I come in the next place to the other part o€
the evidence^ the papers found in celootti Sid-
ney's house. And in the first plaoe he (dgeclSy
they cannot affect him; for^si^ he, therein
no proof they were found in my hooae, a».
proof they were written by me; for eomna-.
risen of huids that is nothing; and if they
were proved to be minej.it is nothing at all ia
thepurpose; the^rareananswertoapolemiead
discourse wherewith he-entertamed hinsself pii*
vately in his study. Why, you have observed,.
I know, that sir Philip lloyd in the first plaoe
swears,, that by warrant from the secretary lie-
searehed his faiouse, and he found the papctm.
lying upon colonel Sidney ^s table in his stiidy»
when became in th^re; and there is- no gtound
nor colour for you to suspect otherwise thva
that they were there, and hb found theoithere*
Fob the surmise of the prisoner at the bar, that
they might be laid there, it iaso fordgn and
witfcout ground, that by and by you wiU ikiak
there is nothing at all in it. In lae next plaos^
we neove eol. Sidnejr'a hand, and that by aik
mttcbpronf te the thing is oapahle of; «ndi %
M5} STATE TISALSk S5 CnAmLES II. l6B$i^ftr BigklittuM,
(«86
firbof w in all ones hath heen allowed; and
that b, fhmneu to come that know and are ac-
Sainted with the band-writiiig', and swear tbev
ow bb hand-writings, and they believe this
to be hia hand. Yon have beard from Mr.
Shcnpard, a maothat n«ed to transact busineaa
Ar nun, pay money 4br iiira ; and Mr. Cook
imd Bfr. Cary , men of known credit in the dtv
of London, that have had the Kke dealings with
col. Sidney, and they swear this is his hand-
uniting', as they rerity believe. 80 that, gen-
4l«nien, this proof to yon of col. Sidhey'shand*
writing does Ferify sir Phik p Llovd, that these
fMipem must be found there, if col. Sidney writ
ihetn; and then this being founds that they
were writ by him, the next ttiing will be, how
Alt this will be an evidence to prov^his com-
passing and imagining the dealth of the king.
Compaasinjg and imagining the deadi of the
kmg is tte act of the mmd, and is treason
whine it remains secret in the heart, tliough no
aoch treason can be ponished, because there is
DO way to prove it ; but when once there is an
OTert-actf^nat is, any thing that does manifest
and deelm such intention, then the law rakes
bold of it, and punishes it as high-treason.
Now*aAer this evidence, 1 think no man
will doobt, whether it was in the heart of the
wiiaoBtf at the bar to destroy the ki^g. liut
ant he olgeds, that this is a part of a book,
acnd unicas you take the whole, nothing can be
Biadeofit: as it is in wresting of tests of scrip-
f tiire, sayahe^ yoo^may as wdl say, that David
pm, there is no God, because David hath £aid,
The ibol hath said in his heart, there is no God.
Bnt, Gentlemen, the application will not hold ;
feryon see a long disciMirse hath been read to
you, a eontinued thread of aigoment ; it is not
one proDoaition, but an whole series of ai]^-
aent : mese are the positions, * That the king
* derives ail his power from the people ; that h
' la OriginaUy in the people, and that the mea-
* sore of sun|ection must be adjudged by the
' parliameot ; and if the king does iall from
*_ doing his duty, he must expect the people will
* exact it.' And this he has laid down as no
Way ptejudicial to him ; for says he, the kin^
nay refuse the crown, if he does not like it
vpoo these terms. But, says he, if he does ac-
cept it, he must expect the performauoe will
l>e exacted, or revenge taken by those he hath
betrayed. Then next, he sets up an olgection,
•and theaargoes against it: ay, bnt f^iall the
people be judge in their own cause ? and thus
he answers it. It must be so: for is not the
-king a judge in his own cause? how can any man
^se be trim, or convicted ot any offence, if the-
Idng mayjiet be judge in his owu eanse.^
ibr to aqittdge by a man's self or by his
deputy, is the same tlmg ; and 9q a crime
l^^minst -the king«annot be punished. And then
he takes notice of it as a very absurd position,
* That4heking«hall jodtfe m his owa cause,
* and notthe people.' That would be to say,
The senraot entertained by the master shall
jodge the master, but the master shall not judge
4ie jerraBt fitatkncD, after this sort of ar-
gument he comes to this settled poai&Ni, *Mfk
' may tlierelbre, says be, change or take away
< kings, (witliout brealdDg any yoke, or that *
* made a yoke -,) the injury is therefore in im-
* posing the yoke, and there cau be none at all
Mn'br^inff of iu' Bui. he goes on, in his
book, and that is by way of answer to aiK ob-
jection, ti.at if there be no injury, yet there may
be inconvenience, if tlie headless nraltitude
sfaouU shake off the yoke. But, says he, 't-
would tain know how the -multitude comes to
be headless ; and there he gives you many ii^
stances in story, and from foreign nations he
comes home to the Engli^, and t«Us you how
ail rebeilicns in later ages have been headed:
and tells you the parliament b the head, or tt^
nobility and genti^ that compose it ; and when
the king fails in his d^ity , the people may 'dH
it. The multitude therefore is never headiest,
but they either find or create an hcAd, so that
here is a plain and avowed principle of rebaUion
estaUished upon the strong«it reason be has to
back it. Gentlemen,.this with the other evi-
dence that has been given, will be sufiicieiit to
prove his compassing the death of the king;.
You see the affirmations he makes ; when
kings do break their trust they may be called to
account by the people. This is the dootrine he
broaches and argues tor: he says in his book,
in another part, that the calling and dissolving
of pariiamtots is not in the king's power.
Gentlemen, you all know how many narlia*
ments the king hath called and dissolved ^ tf it
be not in his power, he hath done that that was
not in his power, and so contrary to his tnul*
Gentlemen, at the entrance into this con^iiaqgr^
they were under an apprehension that uSam
liberties were iuvaded, as you heard in the evi-
dence from my lord Howard, that diey wen
just making tne msurrection upon that tumul-
tuoos opposition of electing of snerifis In Lon-
don. Tney enter into a oqpisultatbn to raiae
arms against the king ; and it is protLod' by my
lord Howard, that the prisoner at the bar waa
one. Gentlonen, woros spoken upon a snupoh
sition will be hi^-treason, as was held in king
James's time, in the case of Collins in RoU'e
Reports, * The king being excommunicate
* may be deposed and murdered,' without af»
firnung he was excommunicated ; and this was
enough to convict him of bigb-treasoa. Now
acconlin^ to that case, to n^ the kmjg having
broken his trust may be deposed by his people,
would be h^ treason ; but here he does as
good as affirm the king had broke his trust.
When every one sees the king hath dissolved
parliaments ; this rednces it to an affirmation.
And though this book he no^brought to that
oouncil to be perused, anid there delated, yet it
will be another, and more than two witnesses
against the prisoner: for I would ask any man*
suppose a man was in a room, and there were
two men, and he talks with both apart, and he
comes to one, and endeavoura to persuade him
that it is lawful to rise in arms against the king,
if so be he break his trust; and be should go to
another man, and tell him the king hath brokoi
-f
M7] SThTgTUJdJS,uCaAn^iUl6s$^Tria^^ Algeria (iM
one ftayeraiMllifrloMigft nan to^lcidi t
my lord* tbk mitttr of sir Hoary Vaaa ia
utterly miiroproteiiled.-*— —
JLCJ.l must tell you, geodoBoa of the
jury, that what the prisoner says, that4i not
proved, aad what the kioff's eooiMel bavoaaii,
of which ihere is no proorto make it out, BMit
not bo taken uto any oonsideratioB.
Sidney. Then, my lord, here it a nlaet or
two in Old Hale*8 [Uicmng over my lord Hak^
book] for the overt-act of one Irsaaou, notheiaf
an overt-act of another, yonr hwdship kaowa
Coke ano Hale'awero lioth against it. [Ha
reads.] Compassing by bare words ia not aft
overt-act, conspiringto levy war is no overt-act.
SoL Oen. I desure botone^rord mora lor niy
own sake as well as the prisoner^ and that is^
that if I have said any thing that is not Jaw, or
misrepeated, or misapplied the evidraoe which
hath been given, I do make it my homhle re*
quest to yoor lordship to rectify tlioae miaiakea^
as well m point of vm^ as powt of law ; ftr
God forbid the prisoner should aoftr by any
mistake.
X. C. J. Gentlemen, the evidenoe baa faesa
long, and it is a cause of mat ooncemmoBtft
and it is far ftom the thoughts of the kiw, or
from the thoughts, or deaire of any of hia
judffes here to do inatroroentd to take awaj
the li& of any man, that by law hia life ought
not to be taken away. For I had ra^ar mmy
guilty men should eacajpe, than one wM'H/tiit
manaufier. The queation is, whetherupon d
the evidence yon have heard against the pii*
sonor, and the evidence on hia behalf, there ia
evidence sufficient to convict the prieoaer of dm
higb-treason he etanda chaiged with. And as
you must not be moved by the skaial of the pri^
aoner further than as it is backed with proof;
so you are not to be inveigled by any insim^
ations made against the prisoner at the bar,
further or otherwise than as the proof is ma^
out to you. But it is usual, and it ia a duty
incumbent on the king's counsel, to unqg<e
against all such criminals, whatsoever* they
observe in the evidence against th^m, and Uke-
wise to endeavour to give anawers to the ob^
jections that are made on their behalf. Andl^
therefore, since, we have been kept ao long an
this cause, it won't be amiss lor use (and mr
his trust, awl )i^ must seek some imr to redress
-ourselves, and persuade the people to rise;
these two witnesses do so tack this treason to-
«itther, that thrv will be two witnesses to prove
him guilty of nigh-treason. And yon have
Jieard on'' witness prove it positively to you.
That be consulted to rise in arms against the
king, and here is his own book says, it is lawfhl
for a man to rise in arms against the king, if he
brsak his trust, and 'in efiSet he hath sud, the
Idnghath broken his trust: therefore this will
•be a sufficient demonstratk>n what the imagina-
iioo of the heart of this man was, that it was
nothing but the destruction of the king and the
fivenunent, and indeed of ail governments,
here can be no such thing as government if
the people shall beindoe in the case : for Vhat
so uncertain as the hoany and giddy multitude ?
Gentlemen, I think tliis will Iw a sufficient evi-
dence of hb consuldu^ the death of the king.
You have here the prisoner at the bar that is
very deep in it. Indeed some men may by
paasion he transported into such an ofTence, and
though the offence be never the leas, whatever
the motives are, yet in some it is lem dangerous ;
for those that venture upon passion to raise
commotions and rebellion, are not always so
much upon their guard, but that they may
.make some false steps to entrap themselves.
But thu gentleman proceeds upon a surer
foundation, it is bis reason, it is his principle, it
is the guide of all his actions, it is that by
. vrhich he leads andilirects the steady course of
.his life. A man convinced of these principlea,
and that walks accordingly, what won't he do
.to accomplish his desi^psP how wary will he
•he in all his actions ? still reasoning with bim-
•aelf, which way to bring it most securely
about. Gentlemen, This is the more dangerous
^nspiracy in this man, by how much the more
it is rooted in him; and how deq> it is, you
hear, when a man shall write as his principle,
that it is lawful for to depose kings, they break-
ing their trust, and that the revolt of the whole
nation cannot be called rebellion. It will bo a
very sad case when people act this according to
their consciences, and do all this for the good
of the people, as they would have it thought ;
but this is the principle of this man. Gentle-
men, we think we have plainly made it out to
you^ and proved it sufficiently, that it was the
imagination of his heart to destroy the king,
and made sufficient proof of high- treason.
Col. Sidney^ Give me leave, my lord, to say
a very few words. I desire Mr. Micitor would
not think it his duty to taike away men's lives
any how : first we have had a long story — ^
L, C. J. Nay, Mr. Sidney, we must not
have vyiAff and revying, I asked you before
what you nad to say ; the course of evidence
is, amr the king's counsel have concluded, we
never admit the prisoner to say any thing.
Sidney. My lord, it was a wise man said,
'There never could be too much delay in the
lifo of a man : I know the king'a counael may
oondnde, if they please. Mr. Solicitor, I
would not have hun think that it is enough by
my
brothers, aathey ahall think fit,) to famp yi
memory in the tact, and discharge that duty
that is inomnbent upon the Coiut as to thn
points of law. This indkstment is tor higli*
treasoq, and is grounded upon the statute of
15 £dw. 3. By which statute, the compassing
and imoffiningthe death of the king, and dm*
claring the same by an overt-act is made higk«
treason. The reaaon of that law was, becau—
at common -law the^ waa great doubt what
was treason ; wherefore to reduce that high
crime to a certainty was that law made, that
those that were guilty might know what to
expect And there are aeveral acta of parlia-
ment made between the time of £dw. 3, and
that of 1 M. but by that atatUle all treaaoai
that aif not ^nnmerated by after^iM of par*
m] STl^Tfi TRIALS, SSCuAKtss IL l6u.r-^ JI^rA Trutm.
t»9d
lia(B0iil reiMin as they wtre deqlsr^ by Ifail
aiatale of 95 Edw 8. And 9fi we chalfeiigw
and other mtteniy insaelcd upon bv thepriaoiier,
left «i they wete at the time of that act t I am
mkQ to leU jou that in point of law, it is not
only the opiuon of ua here, bnttiie ofHnion of
them that sat before as, and the opinion of all
the judges of £ngland, and within the memory
of<many of you, that Ihongh there be two wit-
aessea required topro?e a man guilty of high*
treason, yet it is not neosasary there should be
two witnesses to the same thing aft one time,
fiut if two witnesses prov^ two several laols,
that hafe a tendency to the same treason, they
are two witnesses sufficient to oonviet en v man
of hi|[h*treason. Jn the case of my hMrd Staf-
ford m parliament, all the judges assisting, it
«s nolonodily known, that one witness to a
canspiracy m England, and another to a oonsm-
vacy in France,, were held two witnesses sam-
«ientlOicooviot him of high^ treason. In the
iMKt place, I am to tell j^ou, that though some
jwdgeahave been of opinion that words ot them •
mtms were not an overt -act: but my lord
'Hale'a, nor my lord Coke, nor any other of the
«ag«a of the law, ever questionod but that a
latter wonU be an trert-act, sdffidicnt to prove
.« mangoilty of high-treason; for $cribereest
4tgere, Mr. Sidney says, the king is a politic
yeiisan ; but you must destroy him in his na-
tmnlcapaciQr, or it is not treason ; hut 1 must
Sell you, if any man eompass lo imprison the
long, it is hign-treasott ; so wis the case of
any Jaid Cobham. And my lord Coke, when
hb says, if a man do attempt to make the king
do any thing by force and compulsion, other*
than he ought to do, that it is high-
m within that act of 25 Edw. 3. But If it
an indictment only for the levying of
^ there nrast be an actual war levied ; but
is an indictment for coropassiDg the death
of the kmg ; and the other treason, mentiooed
in that act of parliament fhr the levying war,
may be given in evidemSe to prove the conspi-
racy of 3ie king's death : for it js rightly told
you by the king's counsel, that tM imagi-
■ation of a man's heart is nift to bediacemra ;
hut if I declare such my imagination by an
nvert-act, which overt-act does naturally evmoe,
that the king must be deposed, destroyed, im-
prisoned, or the like, it will be sufficient evi-
dence of treason within that act. Ill the next
fdaoe, havinf^ told you what the law is ; for,
gendanen, it is our duty upon our oaths, to
oeoiare the law to yoo, and you are bound to
receive our declaration of the law, and upon
thia dedaration, to inquire whether there be a
6^ sttCdently proved, to And the prisoner
mihy of the high -treason of which he stands
Micted : and for that I must tell yon, what-
eiver happens to be hear-say from others, it is
not to be applied immediately to the prisoner ;
hut however those matters tnat are remote at
i|rst may serve for this purpose, to prove therp
was generally a oonspiracy to destroy the king
And government : and for that matter, yon att
moMMibwitiiiitheoQnstMitraleand method'
observed about the Popish Plot* firrt 4» Mdana
the evidence of the Plot in general : this wa0
done in ^at famous case of my kird Stafibrd its
parliament. Oentlemeny 1 am also to tell yev,
thb alone does not at all affect the prisoner at
the bar, but is made use of as a cvoubmImioo'
to support thp credibility of the witnesses ; and
is thus fii^ applioaMe to the hnsinfM Mbaa
yoUf that it is plain, by (Persons that don*l
touch the prisoner at the bar, (and I am strry
any man makes a doubt of it at this time aJT
day) that there was a conspiracy to kill th«
kinff ; for after so full a proof ip this jplaoe^
and in others, and the executkm and oonfossloii
of several of the offenders, 1 am aurprised to
observe that the prisoner at the bar, and som#
others prssent, seem not to believe it.
But, gentlemen, you hear the first witneai)
I speak of West: he tells vou be had tbo
honour to be acquainted with Mr. Sidney^ aliid
that he had discourse with Walcot, a peraoa
connded and e^MCuted for this horrid oanspU
racy. Why, says he, he told me at my diam«
her, that they were not the only persons >Mn-
cemed, but that there were other persona of
great quality that had their meetinga for the
carrying on the business in other pfaboea. And
Ferguson, that was the ring-leader in thb
conspiracy, told him there was a dssign of «
genml insurrection ; it waa once kid dowm^
but it is now taken up again. Tberearanther
counselhMnsofgreatimportanoe; andhenamet
araongthe rest, theprisoner atthebar. Mr.
West goes a little funber, and he tells you dus t
says he, he did not only teHmeao, but timt
there was a design to coneifaate a eotrespond^
enca with some persons m Scotland, and thcif
were to do it under the cant of hayiii|^ hmn*
ness in Carolina. There is Mr. Keehng, hm
tdlsyki too, there waa adesignfor agencrai
and pnblie insurrection ; that he was present
with the Goodeooughs, one and the other, and
diat dMvr had taken upon them to divide, and
did dividEe the city into such and such districts;
and what was the business? It was, that them
might be a general insurrection ; might be ta
insurrection, not only to destroy the kmg and
the duke, but n» destroy all the king's toyal
subjects ; and in taking away their Uvas, t*
takeaway the life nf monarchy itadf, and to
subvert the rel^n estabUsbedby tew. Theti
comes hi col. Knmsey, snd he. gives yoo an
account that he had bwd ofaoch thmga m
Mr. West's chamber; and tells yoo- he had
received such mteUigence. And all thoM
give yoo an account, that there waa such n
design to killthekmg: and thisis tiie sob*
stance of the gaierd evidence prodooed Si
prove die conspiracy. Then to make this
matter come home to the prisoner at the
hsr, first my^lord Howard given yon an no*
count, and does directly swear, that ahoot
the middle or latter end of January last, ha
happened to meet with cofonel Sidney, thapii-
soner at the bar, and the dnke of AoBroondi
(they were the penons first began lo have dis*
coarse about this natter) and bow they wmt
1911 STATE TRIALS* 95 Chaeles IL iS^S^TUd if Algernon Siilasg. [892 ,
Aftei winds ooniM my lord Howin] to ttA, 6M*
ney at wNDe diitaoee of time, and he eotaes to
Mm, <lid shews him fhreesoore ^ioees, tud
told him be was gDing^ into the cttyj-aod that
tiiey were to be given to Aarbn Smith. 'H«
torn yoQ after this, that he had some other dis^
course about a fortnight or three weeks aiW,
with ooL Sidney; and that cohm^ Sidney did
take notice, that he had sent him, and that he
had an >iccountofhim, as far as Newcastle. So
that it is Tery plain, that it was not sudden and
rash thoughts, it is a httle more than, acoord*
ing to the language we meet with in some
pamphlets of late, more than heats and slirsb
Gentlemen, then I must tell you, here are dr*
cumstances prored in pursuance ot this desicn,
fiw.sir Andrew FWer informs yon, <hoW mat
sir John Cockram and the Campbells, and one
Monro, as I take It, came to town, and diat he
had discourse with some of them about their
bnsinem of coming oat of Soothmd ; and he
saya, they prrtended it was abirat some bnsi-
ness of some trade to Carolina, which does sliR
corroborate the evidence. He irila yua like*
wise, that there bemg a noise of diaoovmag
the plot, they be^rui to hide ; sir ^olm Code-
ram began to bide, and aculk from place to
phu» ; they eome first* with that cant m tbsir
mouths, about Candina; the messenger Atler^
bury telb you, when they came to take these
men, how they shuffled from place to plaoow
So, gentlemen, I roust Cell you, that if in case
there be but one witnem to prove a direct trea^
son,* and another witness to a circumatmoe
that oontiibutes to that treason, that wiU mafcn
two witnesses to prove the treason : Decaosel
would exntein my mind, not long ago all the
judges or England were comnumded to meet
together, and one that is the senior of the king's
counsel was pleased to put this case: If I Imy
a knife of J. S. to kill the king", and it be prored
by one wituess I bought a Imtih for this pur-
pose, and another comes and proves, I bouglit
such a knife of J. 8. they are two wilneaoea
sufficient to prove a man grnltv of high tree*
son ; and so it was held by all the judgea of
England then present, in the jpresenoe of all Ifan
king's counsJ. And thercnve Mr. Sidney is
mistily mistaken in the law: For in case of
any treason (except the treason at the bar) or
in treason for dippmg and coining, onO witneaa
is sufficient at this day. Now, gentlemen,
supping all this should not be siifficient, here
is a libel, and it is a most traiterous and sedi*
tiooB libel. If you believe, that that wa^ colo-
nel Sidney's book, wiit by him, no man eaa
doobt but it is a sufficient evid^oe, that be m-
guilty of compassing and imagining the dealli
of the king ; and let us consider, what pftmf
can be greater, than what has been given of it.
Mr. Siieppard,an intimate acquaintance of hi%
that has seen him write, he looks upon the
hand, and says, he is extremely acqioaiited
with the hand, and says he, I hdieve in my oon-
science, this book is col. Sidney's hand. Oen*
tiemen, do you expect Mr. Sidney would caU a
witoesitobehytoseehifflwntethat'book? .
adiaappointafent; the 'diing had rfepta
jfreat while, and that it was fit it should be re-
vived Again ; and diat persons of quality were
mentioned, who were to have an immediate
care in the carrying on of the business, and
that it shoold not be divniged to too many ; ac-
cordingly there was'my lord Russell, my lord
of Essex, my lord of Salisbury, and Mr.
Hambden named. He tells you, the prisoner
^at the bar undertook for my lord of Essex, and
Mr.' Hambden, and he telb you, tlie dipke' of
Monmouth undertook for my lord Russell, and
the rest ; and Aat this wa» the result of one
meeting : he goes yet fwther, that pursuant to
this it wu communicated' to those persons so
^ to be engaged, and the plaoe and time was ap-
pointed ; tM place, Mr Hambden's house ; but
R is not so positive to the time, but only to the
plaoe and persons. He says, all these persons
met, and ne gives yon an account, that Mr.
Hambden (because it was necessary for some
person to break silence) gave some short ac-
oennt of the design of their meeting, and made
some leflesons upon the mischiefo that at«
tended the government, and what apprehen^
«ons many people had upon the late choice of
ahnifls, and that there had bean a mal-admi-
mstration of puUic justice ; that it was fit some
means should be used to redreas these giiet*
ances. He can't tell you positively, what
this man, or that man, said toere ; hut says,
that all ■ did unanimously consoit to what was
tfite debated about an insurrection; and in
order to it, they discoursed about the time
when it should be, and that they thought fit it
should be done suddenly, whde' men's minds
were wound up to that neight, as they then
were; and as the first witnew tells yon, there
Was a considention, whether it should be at
one phoe, or at several places tc^^ether: he
aays, dien it was taken into consideration, that
"tfus eould not be carried on, but there must be
arms and ammunition provided. The next step
•s, about a necessary concern, the concern of
money, alid therefore our hiw calls money, the
nnewB of war. Mj lord Howard teik you,
that the dnke of Monmouth proposed 25 or
dO,000/. That my lord Grey was to advance
10,000/. out of his own estate ; but then they
thought to make their partv more strone by
the assistance of a discontented people in Sc t-
* land, my lord of Argyle^ and sir John Cock-
ram, and several 'oth^ people there to join with
them. . That pursuant to this, they all after
met at my knd Russell's, and the same -de-
bate is re-assumed, and among the rest, this
particiriar thinp of conciliatinflr a friendship
with the Scoteh ; the Campbells, iny lord of
Argyle, and my lord Melvin were particularly
mentioned. Ibat cotonel Sidney look upon
himself to find out a messenger, but it was my
lord Russell's part to write the letter; one of
the messengers named to conre^ the same was
Aaron Smith, he was known, says vny lord
Howard, to some of us; and then we all
agreed, that Aaron Smith wa^ the most proper
man; tJpon this they brake op that veiy time.
^] STATE TRIALS, 35 Charlbs II. l685.— /vr High TV-eoAM. ($94
Ib the MZt place, too banre two tradefmen,
Coke and Cary, aod they teil yoii, one had
aeen Jnm write once, the other Dad seen his
haad-wittingy and Uiey. both believe it his hand-
writinif ; and they have good reason, for they
hav« paid several sums of money, upon notes
which they took, as well as this, to be his
hand-writing. Gentlemen^ besides that, gtwe
me leav^^to tell yon, here is another things, that
makes it more plain . This verv book is found
in ooL Sidney's house, on the table in his study,
where he used to write, by a gentleman,
Against whom colonel Sidney cannot make the
least objection ; and that there was that fairness
oiinped by the gentleman, pray, colondi put
yoor seal opon it, that you may see, that no
u^cuy be done you j hot Mr. Sidney WovAd not
doit Therefore be se^ them with his own
seal, and cairies them to Whitehall, where they
were broken open, and si»'ears that those pa-
pers were found in his closet, whereof this was
000. Another thing which I must take notice
of to yon in this case, is to mind yon, how this
book ooQtains all the malice, and rev«ige, and
treason^ that mankind can be guilty of: It
fixes dM sole power in the parliament and the
people; so that he carries on the design still,
for their debates at their meetings were to that
purpose. And such doctrines as these suit with
their debates ; for there, a general insurrection
was dengned, and that was discoursed of in
this book, and encouraged: They must not
siveift aa ill name : It most not be called a ve-
Mtisn^it bttBgtiie g^eral act of the people.
The king, it aays, is responsible to them, the
king is Uil their trustee ; that he had betrayed
hi»truit» be had mi8goyenied,and now he is to
give it op, tibat they may be all laxifn them-
selvet. Qentlemen, I most tell yoo, 1 think 1
ongbt inore than ordinarily to press this unon
you» because I know the misfortune of the late
unhappy rebtdlion, and the brinffing the late
blesitp king to the seafibbl was nrst begun by
such kind w principles : They cried, ne had
betn^^ the trvwt that was delated to him
from the peapK* Gentlemen, m the next
pUeo,'bcoaose he is afraid their power alone
won't do it, he endeavours to poiion men's
judgOMBts ; and the way he makes use of, he
eoloora it with religion, and quotes scripture for
it loo:^ and you kiMW bow iar that went in the
latn times ; how we were for binding our king
in ehiuns, and our nobles in fetters of iron.
GetttlemoBt this is likewise made use of by
him to slit up the people to rebellion. • Gen-
tlemaiy if in casethe prisoner did design the
depoaing the Ung, the remoringthe kio^ , and
in order thereumo he be guilty of conspiring to
levy war; or as to the letter writ by my kN*d
itussell, if he was pnyy toit, these wifi te evi-
Aettoes against him. So that it is not upon two,
batitis.o^ greater evidence than S3, if you
bdiovn diis book waa writ by him. Next I
must tell you, gentlemen, opon, I think a less
iMfimnay, an imlictnisnt was preferred against
Ihn late kwd ^Russell, and he. was theievpon
oaBfidid and tODKnM ; of* whioh they base
farooffht the record. These sm the vvideaoM
for the king.
For theprisMier, he hath made several oUee-*
tions ; as that there was no war levied : For,
that, eentlemen, at the besinnii^ bf thecajoan
I told you what I took the Taw to be, and I take
itto be so very plainly. But, gendemen, as tt
tlie credibility of my ford Howard, be offers you
several circumstances. First, he offers you a
noble lord, my lord Anglesey, who mvs, that hn
attended my lord of j^ford, uqpon the misfor*
tune of the imprisonment of his son ; after he
had done, my lord Howard came to second
that part of a christian's office, which he had
perlbrmed, and told him, he bad a Tery good
son, and be knew no harm of him ; and as t#
the plot, he knew nothing of it. Another nobfo
lord, my lord Clare, tells you, tha$behad som«
discourse with my lord Howaid and he said, that
if he were accased, he thought they woold but
tell noses, and his business was done. Then
Blr. Philip Howard, he tells you, how he waa
not so intimate with him as others, but he often
came to his brother's ; and that he should say,
lie knew nothing ofa plot, nor did he believe
any ; but at the same time, he said he beUeved.
there were a sham plot ; and then he pressed
bim about tbebosioess of the address ; botthat
now my lord of Essex was out of town, and so
it went off. Another thing Mr. Sidney tooic
notice of, says he, it is an act of revenge in
my. lord Howard, for he owes him a.debt»
that he does (besides by his allegation) does not
appear.
Sidney. My lord, he hath confooed it.
X. C J. Admit it ; yet in cas^ colonel Sid*
ney should be convicted of this treason, the debt
accrues to the king, and hecannot be nfor-
thing the better fSt it. But how does it lo^
bice revenge f I find my lord Howard, when
he speaks of colonel Sidney, says, he was room
beholden to him than any body, and was morn
sorry for him ; so says my lord Clare. ^Qen*
tlemen, yoo hare it likewise offered, that he
came to colond Sidney's house, and there he
was desirous to have the plate and goods re<
moved to hi» house, and tliat he would assist
them with his coach and coachman to carry
them thither ; and did affirm, that he knew dq^
thing of the plot ; and did not b^eve eokmcl
l^dney knew any thing ; and this is likewise
proved by a couple of maid servants, as well aa
the Frenchman. "You have likewise somethmsr
to the same purpose said by my lord Paget,, and
this is offered to take off the credibility daxj
brd Howard. Do yoo believe, because my
lord Howard did notteU them, I am in a con*
spiracy to kill the long, therefore he knew no-
thing of it? He knew these persons were men
4>f honour and would not be concerned . in any
such thing. But do you think because a mail
goes about nnd denies his being in a.plot«
uiereforebewasootinit? N17, it seems so for
from being sn evidence of his innocence, that It
is an evidence of his gnilt. What should pro*
voken man to discourse after this manner, i£h»
had not apprehansions of goilt within binvKlf f
Vlui if tile tettoMiy offered njgdum, my lord
Howird in dbparagemcnt of hit evidoDce. Ay,
butfitfllieritiiolifected, heiiia cspeetation of
a pardon : and be did tay, be thou^t he should
Ml have the Idng'v pardon : tfll such time as
IJhe dradgenr of tweariitf was oTer. Why,
Entiemeo, itekenotice, uiefore this diacoane
ppened, he swore the same thing at mv lord
BimkIVs trial. And I mtiflt tell you, though
k is the duty of erery man to disoover all
tieaaoDs ; yet I tdl y6u for a man to oome and
awearhimselfoTerandandofer guihy, in the
Ihoe of a eourtof juatiee, may seem irluomeaad
mofoke a man to giro it suoh ab epithet. It
M therefore for bis credit, that he is an unwil-
ling witness : but, gentlemen, consider, if these
things should ha?e been allowed to take away
IheercdBbiltty of a witness, what would have be-
come of the testimonies that bare been given of
hteAm? What wouM become of the evidence
of an those tfiat have been so profligate in their
fires f Would you hvwe the king^s counsel to call
Dane but men that weref not concerned in this
plot, toprore that they were plotting? Av,but
Mitkraen, it is fVnrther olgected, this haniflooks
Bke an old hand; and it ma^ not be the nri-
tOMf'a hand, but be comifeerferted ; and for tnat,
Itareiia gentleman, who teUs you what a
4eitrmis man he is. He says, he belinres he
could oonnterfoit any hand in half an hour ; it
{• an uglr temptation, but I hope he hath more
boneur tnan to i;nake use of diat art he so much
ties in. But what time could there be for
coimterfeitin^ of this book? Can you ima-
gine that abr Philip LloTd, through the bag
aeaM up, did it P Or who else, can you ima-
gine, should, or, does the prisoner pretend, did
write this book f So that aa on one side, God
IbrM but we should be careftil of men's lives,
•0 on the other side, God forbid that flourishes
snd tandahslMmkl oOme to endanger the life of
llie king, Vfm the destruction of the ^vemment.
But, gentlemen, we are not to anticipate yon in
point of feet, I have, according to mjr memory,
tecapitttlated the matters given in evidence, it
remains puielT in yon now, whether ^u do
believe upon tne vrholo matter, thatthe prisoner
w gvUty of the high treason whereof he is in-
Joat VfUhHu. Geatlemeo,itisityoushould
have our oninions ; in aO the points of law we
eoncur with my lord diief juaiioe : aays eolond
Sidney, hereia a mighty conspiracT, but there is
tiothingeomesof it, who must iw^tnankfor that ?
Hone but the Almigbty Providence : one of
Aemadvea was troubled in conscience, and
comes and diacoveratt ; had not Keeling dis-
covered it, God knows whether we might have
been alive at this day.
Then the Jury wMhdrew, and b about half
aih hour^i time fetnmed, and brought thePri-
coner in, Guilty.*
'And then the lieutanant ofthe Towertook
nwBiy ma prisoner.
•«— J^^— — ^1 I »^—i — ■— ^^>M— .■.■MM— — ^»<.— .—
* It lypears tfaata prosecution was instituted
Ugaiait one Fofthi a joiner, for words rsflocBog
Monday, Nor. M, IMS, Algernon Sidney,
eaq. was brought up to the bar of the court
of Kinff's-Bench, to raeetve bb Sentanee,
h. C. /. Bfr. Attorney, will you move any
thing?
on the Jury who found this verdict. 1 have not
seen any report of the trial of this Foith, hut the
Indictment against him is given fTramainaQM^
as follows:
Rb^ v. Forth.
Pascb* 36 Caroli Secundi.
Midd< ff.
Quod Tevmino Sancti Michaelis Anno RcffB*
Dom* Caroli Secundi nunc Regis AngI* £c.
35. in Cur* dicti Domini Regis nunc oonun
ipso Rege (eadem Cor* apud Westm* hi C^m*
Midd< tunc tent* eiisten*) <|uidam Algemoa
Sidney nup' d« Paroch* Sancti MartiBi in Cam*
pia in Com* M idd* Ar* per qnibosdani ahis
p*ditionibus peraon* dicti Dom* Regis nuae
tanipen* legitime modo indictat'^futtpoatoa^;
scilicet eodem termino Sancti Michaefis Anno
suprad* apud Westm* pred* in dido Gem*
Midd*in pred* Cur* dicti Dom* R^gis nimc
pred*, Algernon Sidney per quondam Jnr*
patne int* dictum Donunum Regem et prcfot*
Alffemon Sidney ca|it* pro altis proditiomh* pred*
demtomodo triat* fuit poeteaq; conviot* ct at-
tinct* exist* jirout per record* £tp*ccps* indeia
eadem Cor* bio plenius apparet et quod Aiex-
ander Forth nup* de Parocti* Sancti Martmi in
Campiain Com* Midd* JunetOr premias* pred*
satis aciens Ac earisten* person* malor* aominis
feme et conversation* et disposition* inquieleao
machinans practicans et nequiasime intsadens
pacem dicti Domini Regis nunc et comimnMBa
tranquillitatem hiyus Regn* Anjifl* in ouletara
molertare et pertuibare Ac triation* pred* cum
veredict* superinde per eodem Domino Rcge
verausprefet* Algernon Sidney reddit* et debit*
legis Cur&uro in ea parte ut prefertor hahii* in
maximum odium et contempt* et vilipendittm
cum omnibus ligeis subdir* dicti Domiu Regi*
indncere et inferre Ac ad persuadend* et can-
sand subdit* died Domuii Re|ps credere ^nod
triatio pred* indebite habit* fuit £t quod nrad*
Algernon Sidney immerito obiit ipae pred* Alex*
ander Forth postoa soiliopt S9 die Novenabris
Anno Regn* dicti Domini Caroli Sjeoondi nunc
Regis Angl*et 35. sup*d* apud Westm^ia Com<
pred* ad nequissiiqas machination* et inlen-
tiones suaspred* perimploid* perfldead* et ad c^
fectom redigend* cuidam G. CUsby Gen* aimer
quoddam Colloquium de et conoemen* veremc*
tum triaoon* et Jur* pred* cum eodcns O. C.
habit* in presentia et audttu diversor* ligeor^
subditor' dicti Domini Regis tunc et ibidem
presen* felao ilfioite injuste nequit* et seditioae
de Jur* pred* qui veredictum pred* verm pred*
Algernon Sidney pro atta proditMme pred* de*
der* dixit aflirmant et alta voce declanvit proof
aequtturinhiis Anglicanis verbis aequen* videl*,
* G-«»ddainn all that is like your loggerbeaded
*jui7, that brought in a verdict' fveredicinm
pted* venmsprsd A. S. per altn p^iiiwir pr>d*
6fff] STATB TftlALS, 35 Charlbs
Att. Oen. Mv lord, the pirisoiierat the liar is
conricted ofhigh treason, 1 demand judgtnent
CI. ofCr. Algernon tSdney , hold up thy band.
IWldeii he did.] Thon hast been ^indiMed of
igh treoMn, and tberenpon arraigned, and
thereunto pl^ded not guilty, and for thy trial
pnttiiyaen apon God and thy country, ivhich
country ha? round thee guilty, what can'st thon
tfay for thysetf, wliy judgment of death should
not be given against thee^ and execntion aMiird*
ed aeoordiag id lav ?
Sidnfy. My lord, I hnmbly conceive, I have
iMtd BO trftd ; I was to be tried hj my conntt y ,
1 do not find my country in the jury that did
Iry me, there were some of them that were not
freeholders, I think, my lord, there is neither
ktw nor precedent of any man that has been
tried by a jury, upon an indictment laid id a
county, that were not freeholders. So- 1 do
humbly conceive, that I have had no trial at all,
^!o4 iff have had no trial, therecan be no judg-
nfmt.
L. C. J. Mr. Sidney, you had the opinion of
the Court in that matter before : we were una-
nimous in it, for it was the opmlon of all the
judges of England, in the case* next preceding
VoUf's, fbongh that was a case relating to
Corporations, but they were of opinion, That *
hy the statute of queen Mary, the trial of
treaiKm was put as it was at eomniod latv, and
that there was no such challenge at common
Isw.
Sidney. Under favour, my lord, T presume
i__ 111 ■ - ■ . - - , ,
lit prefertur innuendo) ' which they had no evi*
dence fhr* St pred' Attbm* dicf Dom« Regis
uuncgeneml' per eodem Domino Rege dat'
Cur< uc infdiigi et inihrmari quod pred* Alex-
ander Forth pofrtea scilicet prime die Decern*
bris Anno Itegn< dicti Dom' Regis nunc 95.
coprad^apod Westm< pred* in pred*Com«Midd*
ek oSteriorl malitia sua et ad nequissimas ma-
ddaation* et intention* suas pred* p'implend*
Algernon Sidney pef alta p<
tione precf* Et de et >concemeQ' Jur' pred*
cam p^dicto Georgio Clisby adtunc et ibid ha-
bit* in pre^ntia et auditu mversor* ligeor' sub-
dit* dicti Dora' Regis adtunc et ibidem presen'
Also illtcite injuste nequif et seditiose dejnr*
jfed*" qui veredictna pred< versus preifat*
Aigetnon Siilney pro aha proditione pred*
deoer* dixit retulit affirmant et alta voce
declaravit quod jurat, qui dedei^ Teredictnm
soum nred< quod pred* Algernon &dney
Int) Culpabilis de pred* aha proditione ver-
fOt <fictum DominumRegem nuncfuer* stupe-
ftrt* Angtitfe ' a Loggerheaded Jury' et deder-
lAit f>eredictuBi suum,pred' pro quo null* ha-
btuar* £%idenc* in Contempt* dicti Domim Regis
mvi^ tegumq; suar* in malum et pemitioaum
camnptam omn'al^in taliCasu de dehnquen*
Mt eontra pacem dicti Dom* Regis nunc Coron*
«f digtthA' aoas, Sec. Undeidem Attorn," kc.
* Xiord Russell's Cas^, see p. 5^5^ et Mq^
▼OL. I3U-
II. l€SB.*^ar liigh Tr&um. [89$
in such a case as this, of fife, and for what 1
know concerns every man in England, you
wilfgive me a day and counsel to argue it.'
X. C. J. It is not in the power of (he Court -
to do it.
Sidney, My lord, I desire the indiotmeiit
against me may be read.
L. C. J. To what purpose ?
Sidney. 1 have somewhat to say to iU
L. C. J. Welly read the indictment.
Then the Cleric of the Crown read the In*
dictin«:nt.
SUlnaf. Pray Sir, will you give me leave to
sec it, if it please you. ^
L. C J. No, that ive cannot do.
Sidney. My lord* there is one thing theft
that ma&es this absolutely void, it deprives the
king of his title, which is treason by law,
' Defensor Fidei.' There is no such thing
there, if I heard right.
L, C. J. In that you would deprive the king
oi his Ufe, that is in very full 1 thmk. ,
Sidney. If no body would deprive the king^
no more than I, he would be m no danger #'
Under fk\*DUr these are things not to be over-
ruled in point of life so easily^
i, C. J. Mr. Sidney, We very weD under*
stand our duty, we don't need to l>e told by you
\\ hat our duty is, we tell you nothing hut
what is law ; and if you make objections that
are f(nmat«'rial,^e must over-rule them. Do-
not think that wc over-rule in your case, ttat
we would not over-rule in all men's cases ii|
your condition. The treason is sufficiently l^d.
Sidney. My lord, I conceive this too, fhat
those words, tliat are said to be >vritten in the
Paper, that there is nothing of treason in them i
besides, that there was nothing at all proved'
of them, only by similitude of hands, which
upon the ca^e I aUedge to your lordiriun was
not to be admitted in a criminal case. Now it
is easy to call a thing Froditorie ; but yet let
the nature of the things be examined, I pa|k
myself upon it, that there is no treason 'm, it,
L. C. 7, There is not a line in the book
scarce but what is treason .
Just. Withim. I believe you don^t believe it
treason.
L. C J. That is the worst purt of your case ;
when men are riveted in opmion, that kings
may be deposed, that they are accountable le
their people, that a general insurrection is no
rebellion, and justify it, it is high time, upon
my word, to call them to account.
Sidney. My lord, the other day I had a book*
wherein I had king James's Speech, upon
which all that is there is grounded in his own
speech to the jNuriiament m IGOS,* and there
is nothing in these papers^ which is called a
Book, though it never appeared, for if it
were true, it was only papers found in a private
man's study, never siiewed to any body ; and
Mr. Attorney takes this to bring it to a crime^
in order to some other counsel, and this was ta
• See 1 Cobbett'A Pul. Hiit. 977. ,
SM
899] STATE TRIALS, 33 Charles IL l6BS^Trial «/ AlgemonJSidneg, [900
come out such a time, when the insurrection
brake out. My lord, diereis one person I did
not know where to fiud then, hut every hody
knows wliere to find now, that is the dnke of
Monmouth, if 'there had been any thine in
consultation, by this means to bring any thing
aiboat, he must have known of it, ibr it must 1;^
taken to be in prosecution of those designs of
his : and if he will say there ever was any
such thing, or knew any thing o/it, I wiU ac«
knowledge whatever you please.
L, C. J. That is over ; yon were tried for
this fact : we must not send for the duke of
Monmouth.
Sidney. I humbly think J ought, and desire
to be heard upon it.
L. C. J, Upon what ?
Sidney, If you will call it a trial
L, C, J. I do. The law calls it so.
Just. Withins. We must not hear snch dis-
eomiies, after you have l^een tried here, and
the jury have eiven their verdict ; as if you
I had not justice done vou.
Just nollofway. I tnink itwasa very fair triar.
Sidney* My lord, I desire that vou would
bear my reasons ; why I should oe brought
to a new trial. \
L, C.J. ITiat can't be.
Sidney. Be the trial what it wDl ?
C/. ofCr. Crier, make an O yes.
Sidney. Can't 1 he heard, my lord ?
L. C. J. Yes, If you will speak that which
is proper ; it is a strange thing, you jseem to
Appeal as if you had some great hardship upou
^ou. I am sure, I can as well appeal as you.
) am sure you bad all the favour shewed you,
that ever any prisoner had. The Court heard
you with patience, when you spake what was
proper ; but ifyoa begin to arraign the justice
of the nation, it concerns the justice of the
nation ip prevent you : we are bound by our
consciences and our oaths to see ri^t done to
you ; and though wc'are judges upon earth,
we are acconntable to the Judge of Heaven
and earth ; And. we act accordint;^ to our con-
sciences, though we don't act according to
yonr opinion.
Sidney, My lord, I say, in the first place I
was brought to Westmuister by Habeas Cor-
pus, the 7th of this month, granted the day
before I was to be arraigned, when yet no
bill was exhibited against me ; and my prose-
cutors conldnot know it would be found, unless
they had a correspondence with tlie grand
iory, which under favour ought not to have
. been had.
L, C. J. We know nothing of it: you had
as ffood tell us of some bo<ly's ghost, as you did
at the trial.
Sidney. 1 told you of two infamous persons
that hart acted my lord l^ussell's ghost.
L. C. /. Go on, if you have any thing else.
, Sidney, f prayed a copy of the indictment,
making . my objections against it, and putting
in a special plea, which the law, I humbly
concei*^, allowed me : the help of counsel to
frame it was denied.
Z. C. J. For the copy ^f the indictment, it
was denied in the case you cited. This favoav
shewed you to-day was denied at apy time to
sir Henry Vane, that is, to have the indictment
read in Latin. Don't say on the other ^aidte,
we refused y6ur plea. I told you, have a care
of putting it in. If the plea was such as Mn
Attorney did demur to it : I told you, you wers
answerable for the consequences of it.
Just. Withins. We told you, you mieht put
it in, but you must put it in at your perd.
.Sidney, My lord, I would have put it in.
L, C. J. I did advertise you : if you put in
a plea, upon your peril he it. I tout you, we
are bouna by law to give yon that fair adver-
tisement of the great danger you would fall
under, if it were not a good plea.
Sidney. My lord, my plea was that could
never hurt me.
X. C. J, We do not know that
Sidn^, I desure, my lord, this, that it may
be considered, that, being brought here to mjr
trial, I did desire a copy of my indicCmenc^
Xn the statute of 46 £dw. 3, which doe»
w it to all men in all cases.
L. C.J. I tell you the law is-otherwiK,
and told you so then, and tell you so now.
Sidney. Your lordship did not tell me, that
was not a law.
L, C. J, Unless there be a htw partknlar
for col. Sidney. If you have any more lo mj^
Sidney. I am probably infocmed, and if
your lordship will give me time, shall be abk
to prove it, that the jury was not suqunoned,
as it ought to be ; my lord, if this jury waa
not summoned by the bailiff, acoordmg to tfa«
ordinary way, but thev wer^ agreed \ipou by
the under-sheriifs, (Sraham and Burton, 1
desire to know whether that be a ffood jnry.
L, C,J, We can take notice of nothing, bat
what is upon the record : here is a return by
the sheriff ; if there had been any indtred
means used with the sheriff, or any else, you
should have mentioned it before they wei»
sworn.
Sidney. Is there any thing in the world
more irre^hr than that.^
L, C, J. I knew nothing of it That tiDcia
is past.
Sidney. Now, my lord, all men are admitted
on the jury.
L. C. f. Why, You did not like gentlemen,
and now you don't like those that you had. In
plain English, if any jury had found yoa
Guilty it had been the same thinff. It had
been a good summons, if they had acquitted
you.
Sidney. When t)ie jury thus composed, wa»
sworn, Voar witnesses, of whom three were
under the terror of death for treasons, were
produced against me. And tliey conlessedr
themselves gnilty of crimes of which I had bq
knowledfi^e, and told stories by hear-say. And
your lordship did promise, in summin|^ up the
evidence, that the jury should be inarmed
what did reach me, and what not, and I do wA »
remember that was done.
SOI] STATE TRIALS, 35, Charles II. 1683.— /or High TVeaam.
[902
L. C. J. I did it particularly, I think I \tBB
as careful of it as possibly I could be.
Sidney. My lord Howard btsiogf tha only
witness, that said any thing again^ me, papers,
which were said to be found m myliouse, were
produced as another witness, and no other tes-
timony given concerping them, but that the
liand was like anto mine. No man can say,
I read them, or shewed them to any man.
None knew when they were written ; the ink
shewed they had been done many, and perhaps
SO or SO years. Yea, some passages were
read out of them, without examining what
went before and after; when I desired the
whole mifi^ht be read, it was refused, unless I
specified the passage,, which I could not do,
niowing not one word in them. When I al-
ledged, that in criminal cases similitude of
hands oonld not be taken for evidence, proposed
tny points of law concerning constructive trea-
son, Sec. And I did conceive that no Court
noder the parliament could be judges of it,
and did desire the statute which did so enact it,
might be read, it could not be obtained : and I
cited many judgments in parliament.
X. C. /. Mr. Sidney, If you arraign the
Jiistice of the nation 60,*&s though we had de-
ni^ you the methods of justice, I must tell
you, you do what does not become you, for
we denied you nothing that ought to have been
granted. If we had granted you less, I think
we had done more our duty. What points of
law do yob mean T
Sidnei/. Thatofconstructivetreason, mylord.
' £. C. J. We do hot go upon constructive
treason, it is plain treason within 25 £dw. 3.
Sidney, Is writing an act ?
X. C. J. Yes, it is agere.
Proclamation made for silence.
Mr. Ban^eld.* Sir, I pray yon to hear me
•ne word as Amicus Cunce, 1 numbly suppose
that your lordship will not give iudgment if
there be a material defect in the indictment, as
the clerk did read it, he left out Defensor
Fidei, which is part of the stite of his maje^y.
£. C. J. We nave heanl of it already^ , we
thankyou for your friendship, and are satisBed.
Mr. I^dney, there reuiains nothing fbu the
Court, but to discharge their duty in pi-onouoc-
in^ that judgment the law requires to be pro-
noanoed agamst all persons convicted of high-
Creason ; and I must tell you, tliat though
yoi] seem to arraign the justice of the Court,
and the proceeding^-—-
Sidney. I must appeal to God and the world,
I am not heard.
L. C. J. Appeal to whom you will. I could
wish with all my heart, instead of appealing to
tilcf world, as though you had received some-
thing extreme hai3 in your case, that you
would appeal to the Great God of Heaven, and
consider the guilt you have contracted by the
* He had been one of the counsel assigned
to advise with Sidney, as appears by sir W.
WiUiams's BIS.
great offence you have committed. I wish
with all my heart,, you would consider your
condition, but if your own ingennity will^ot
provoke you, nothing f can say will prevail
with you to do it ; if the kmg's general
pardon, in Which you had so great a snare of
the king^s mercy, will not, I could wish, that,
as a ffentleroan and as a Christian, yon would
consider under what porticular obKnitions you
lie to that gracious king, that hatn done so
much for you. I should have thought it
would have wrought in you such a temper of
mind, as to have turned the i-eat of your life ,
into a generous acknowledgmefat of his bounty
and mercy, and not into a state of constant
combining and writing, not only to destroy
him, but to subvert the government ; and I am
sorry to see you so -earnest in the justification
of tlie book,. in which there is scarce a line, but
what contains the rankest treason, sudi as de-
posing the king,: it not only encourages, l^ut
justifies all rebellion. Mr. Sidney, you art a.
gentleman of quality, and need no oounsel
from me : if I ccAild giye you any, my charity
to your immortal souf would provoke me to it.
I pray God season ^is afBiction to you. Thers
remams nothing with the Court, but to pro-
nounce that judgment that is expected, and
the law requires, and therefore the judgment
of the Courtis,
* That you be carried hence to the place
* from whence you came, and from thence
* you shall be drawn upi^n an hurdle to thf
' place of execution, whereyon shall be hanged
*■ by the neck, and, being ahve, cut down, yoyr
* privy- memb^^ shall be cut off, and burned
' betbre your face, your head seveied from
* your body, and your body divided into four^
* quarters, and they to be disposed at the pica-*
* sure of the king. And the Crod of' innnits
* mercy haye mercy upon your soul.**
Sidney. Then, O God ! O God ! I beseech
thee to sanctify these sufferings unto me, and
impute not my blood to the country, nor, the
city, through which 1 am to be drawn ; let
no inquisition be made for it, but if any, and
tlie shedding of blood that is innocent, must
be revenged, let the weight of it fall only
upon those, that maliciously persecute me for
righteousness sake.
L. C. J. 1 pray God work in you a temper
fit to go unto tne other world, for I see you are
not fit for this.
Sidney. My lord, feel my pulse, [holding
* The whole of this sentence was remitted
but beheading, upon account of his family. Af-
ter his condemnation he is said to have '< de-
spised the way of petitioning his majesty about
the disposal of his body." See 3 Kcnn. Compl.
Hist 404. Roger North gladly relates, what
he calls in his maa^in, *< aQ indecent passs^,"
the gross and coarse t^ms in which Sidney
was report^ to have expressed his manly in-
difference as to what might befal his oody
afier death. See North's Examan, f . 41 i.
4to Ed. 1740.
S03] STATE TRIALS, 35 CuAMhts H. l6iS.— Trial of Alginm Sisujf, [90^
Out his baqd] «nd see if I am disordered j 1
bless God, I Dever was in Better temper than I
am now.
Then the Lieutenant of the Tower carried
back his prisoner.*
The prisoner afterwards presented the follow-
ing Petition to the king :
• The ShercfTs receipt for the body of Sid-
ney, as (jrintod in the Memoirs of the Life of A.
Sidney, Mir. Brand HoUis^s edition, is as fol-
lows :
** This indenture made the seventh day of
December,^ in the five and thirtieth year of the
reign of our sovereign lord Charlfes the 3nd
bv the grace of God king of England, Scotland
France and Ireland, defender of the faith, etc.
and in the^year of our Lord 1683, between the
honourable Thomas Cheeke, esq. 1iei:^tenant of
his majesty's Tower of London of the one part,
and Peter *Daniel, esq. and Samuel Dashwood,
esq. sheriflTsj of the coimty of Middlesex of the
other part: Whereas Algernon Sidney, esj.
by warrant of the right honourable sir Leolin
Jenkins, knight, his majesty's principal secre-
tary of state, bearin<]f date at Whitehall the
fi?'e and twentieth day of June, in the tive and
thirtieth year of the reign of king Charles the
second aforesaid, was committed to the custody
of the said lieutenant of the Tower for high
treason in compassing the death of the king,
and conspiring to levy war againsthim, by him
the said lieutenant to be safely kept np nntil he
sRould bo delivered by due course of law ; and
whereas, by writ issuing out of his majesty's
coort of king's bench, under the seal of the
said court, bearing date the eight and twentieth
day of November last past, reciting the judg-
ment ct the said court against the said Alger-
non Sidtaey for divers high treasons touching
hismiyes^'s person, whereof he then stood
convicted and attainted, the paid lieutenant of
the Tower was commanded, that upon Friday
the seventh day of Orcember then wext coiaing
lie the Said lieutenant should ra^x^theS'l^rifis of
Middlesex at Tower- hill, ut.ti ttiere ca^se the
said Algernon ISdney to be delivered to the said
Sheriffs, 10 the intent that the said Sheriffs
might cause execution to be made of him the
said Algernon Sidney, in such manner as in
the said writ is recited. Now this indenture
witnesseth, that the said Thomas Cl^eeke, in
obedience to the said writ, and in performance
of his maiesly's command therem specified,
doth, the day of the ds^e of these present inden-
tures, deliver unto the said Peter Daniel and
Samuel Dashwood, the body of the said Al-
gei-non Sidney, in the said wnt m«?ntioned, ac-
cording to the form and effect of th« said writ,
andthe said Peter Daniel and Samuel Dash-
wood do hereby acknowledg-e to have received
on the day of the date of this present indenture,
of and from the said Thomas Cheeke, the body
of the said Algernon Sidney, and of him aoi
acquit and discharge the said Thomas Cheeke
by diese presents ; in witness whereof the
To the King's bmsI Esoellait Majbstt, The
Humble PETITION* of ALG£RN(m
SIDNEY, esq.
Sheweth ; That yonr petitioner, afto a long
and close imprisonment, was, on the 7th day
of this month (November) brought by a guar4
of soldiers to the Palace-yard, upon an Iweap
Corpus, directed to the heutenant of the Tower
before any indictment had been exhibitod
against him.
That whilst he was there detained, a bill wi9
exhituted and found against him ; wbereopon
he was immediately carried to the King's hencb
and there arraigned. In this surprize he de-
sired a copy of the indictment,, and leave to
make his exceptions, or to put in a spectsi
plea, and counsel to frame it ; but all was de-
ni^ : he then oflered a special plea ready ea*
grossed ; which was then also reieded, wilh-
out reading : being threatened, Tnat if he did
not immeoiately plead Guilty or Not GnUtf,
judgment of high treason shoidd be entered |
he was forced, contrary to law (as he sup-
posetb), to come to a general issue, in pleading
Not Gujltv.
November the 21st he was brouzht to hi9
ti'ial r and tlie indictment being perplexed aQ4
confused, so that neither he nor any of his
friends that beard it could fully comprebead
the scope of it, he was utterly unprowided of
all the helps that the law alloweth nato every
man for his defence : whereupon he affaia de«
sired a copy, and produced an authentic copy
of the statute Edw. 3, whereby it is enaclea,
That every man shall have a copy of any re-i
' cord that toucheth him in any manner, as well
that which is for, as against the king, or %ny
other person ; but could have neither a copy
of his indictment, nor that the statute should
be read.
The jury by which he was to be tried w^
not (as nets infonned) summoned by the bai*
Jiffs of the several hundreds, in the usual and
legal mttnner ;} but names were agreed upon
by Mr. Graham, Mr. Burton, and the ondef
sheriff, and directions given to the bailiffs to
summon them ; and t^ing all so chosen, tl|a
copy of the pannel was of no use to him.
When they came to be called, he exceptB4
against some for being your majesty's servantf
which he did hope should not have been re-
turned, when he was prosecuted at yoiig* n^^
jesty's, suit.
Many others for not being freeholders (whidi
parties to these presents have hereunto inter-
changeably set theb' hands and seals, the day
and year nrst above written.
Peter Daniel.— Samuel Dashwood.
. Sealed and delivered in the presence if
Ricii. Bradbormc, Ob. IUvmolos;"
* In the State Paper office there is viptber
petition from Sidney to the kW, but I ^ould
not obtain permission ip copy i^ i^ tjuna^ fat in-
sertion here.
STATE TEIAIA 35 Chabies H. i6S$^or Bigk Trea$ifn.
exceptions be thinks are good ki law), and
otbera mote lewd and ii^ftmoosperaoas, not fit
tobeofauy jury^ but all waa arer-ruled by
tbe lord cbiej-jnstaoe, and your petitioner forced
to chAllenge them peremptorily, whom he
found to be mdced out as most suitable to the
intentiotts of those who sought his nuo ;
whereby lie lost the ben^t allowed him b^ the
law, of nukking his exceptions, and was torced
to admit of mechanic persons, utterly^ unable
to iudge of such a matter as was to be brought
befereth
them.
This jury being sworn, no witness was pro-
duced who fixed any tbmg beyond hcAniay upon
your petitioner, except the lord iloward, and
those that sii'ore tosome papers said to he found
in his house, and of&red as a second witness,
and which were written in a baud like unto
your Petitioner's.
Your petitioner produced ten witnesses, most
of them men of eminent quality, the others of
unblemished fame, to shew the lord Howard's
testimony was inconsistent with what he had
^in the presence of God) affirmed to many of
them, ^and as be swore at the ti'ial of the lord
Bnssell) under the same religious obligation
of an oath as if it had been legally administered.
Your jpetitiooer did endeavour further to shew
that bendes the absurdity and incongruity of
his testimony, he being guilty of many cnmes
which he did not ^vSeod your petitioner had
^y knowledge of; and having no other hope
of a pardon, but by the drudgery of swearing
against him, h«)(leBerved not to be betiered:-
and that similitude of hands could not be evi-
dence, was dehvered by the lord chief-justice
Keeling, and the whole court, in the lady
Carr's case ; so as no evidence at law remained
against him.
'That wliosoever wrote those papers, they*
were but a small part of a polemical discourse
ill answer to a book written about thirty years
ago, upon general propositions, applied to no
t^e, nor any particular case ; that it was im-
possible to judge of any part of it, unless the
vhole did appear, which did not; that the
sense of such parts of it as were uroduced couid
not be comprehended, unless tne whole bad
been read, which was denied ; that the ink
-and paper shewed it to be written many years
ago, and the lord Howard knowing nothing of
them, they could have no concurrence with
what your petitioner was said to have designed
vith mm aiMl others.
That the confusions and errors in writing it,
4)ew the same had never lieen so inurb as re-
viewed, and being written in a hand that no man
ooold well read, neither fit for the press, nor
could be in some years, though the writer of it
did intend it, wliich did not appear.
That they being only the nresent crude and
private thoughts of a man, for the exercise of
nia own uiraerstanding in his study, never
shewed to any, nor applijed to any particular
case, could not fidi under the statote 25 Edw.
S, which takes cognisance of no such matters,
.aiid conld out by coafltrnotion be bronght under
it, Boeh matters being thmby reserved to dm
parliament, as is declared in tne proviso, which
Le desiied might be read but was refused.
Jgaght or nine important points of law did
hereupon arise; upon which your petitioner
knowing his weakbess, did desire his counsel
might be heard or reserved to be fcund speci-
ally ; but all was over-ruled by the violence of
the lord chief justice, and your petitioner so
frequently interrupted, that the whole method
of hi3 deienoe was broken, and he not suffered
to say the tenth part of what he could have al-
ledged in his own defence; so the jury was
hunied into ayerdict which they did not un-i
derstand.,
Now forasmuch as no man that is oppressed
in England can have any relief, unless h be
from your majiasty:
Yonr Petitioner humbly prays. That, the
premisses considered, your majesty would be
pleased to admit him into your pi^esence ; and
if he doth not shew that it is for your raqjesty*8
honour and interest to preserve him from the
said oppression, he wiU not eomplain, thodgh
be be left to be destroyed.
The EXECUTION of ALGERNON SID-
NEY, esq* on Friday, December 7, 1683.
' On the 7th of December (bis majesty having
been pleased to remit all the sentence but
"'•""'* ■ »
* Algemoon or Algernon Sidneiy or Sfydney.
was son to Robert the second (Sidney) earl of
Leicester, and br<^tber to Philip the third earl
of Leicester, and to Henry Sidney, who was
by king William created earl of Komney. He
has an article sufficiently copious in the Bio-
graphia Britaunica. Sir John Dalrymplehas
' published in one of the '* Appendixes" to bia
'< Memoirv" Dispatehesof Barilton (the Frendi
king's ambassador to Charles the Second)
whicli contain accounts of a concert between
tlie court of France and Sidney, Russell, and
other eminent Englishmen, who are desirous
to prevent the acquisition by king Charles the
Second of arbitrary power. And I have no
dftubt there was such a concert. It is, indeed,
to be regretted, as Mr. Laing has said (see
vol. 0, p. 297) that the State Paiiers of tho
Stuarts were reserved for Macpherson and Dal*
ryraple ; but notwithstanding the many in-
stances of falsification in detail which occur in
sir John's work, several of which have been
exhibited in Notes to different Cases in this
Collection, it is scarcely to be believed that
he should have ibrged all the articles which
he has inserted as dispatches from Barillon.
Moreover, much credibility is given to the
genuineness of these articles by the lately pub«
Hshed •< CBuvres de Louis XJ(v." I have al-
ready had more than one occasion to notice
imd to ouote this publication, and I will here
extract from it a passage in which Loan the
XlVth speaks of transacttons which ocemni
JK> 7] STATE TRIALS, 35 Charlss 11. iG^S.—Trial of Algermm Sidmy, [909
beheading-i hewasbroag^httoaiscafibki erect-
ed for that purpose on Tower-hill, where,
having delivered the following' Paper to the
Sheriff, his head was severed from his body.
The Paper which he delivered to the Sheriff.
, ** Men, Brethren, and Fathers ; Friends,
Countrymen, and Strangers. ^It maybeex-
^fore Sidney was permitted to return to Eng-
land:
'< Mais tandisque cette aventure [the re-
treat (as he represents it) of De Ruyter and Van
Tromp in 1666 from Monk and Prmce Rupert]
sembloit nous dter le moyen <)e nous iomdre
pour les attaquer ouvertement, je cherchois de
ma part des moyens secrets pour les iffoiblir ;
d'une part, je m^nageois les restes de la fac-
tion de, Cromwel, pour exciter par leur credit
Suelque noureau trouble dans Loudres; et
'autre c6t^,j' entretenois des intelligences
avec les catholiques Irtandais, lesquels, ^nt
toujours fort m^contens de leur condition, sem-
hloient aussi toi^ours pr^ts ^faire un effort pour
la'rendre plus sapportable. 8ur ces diff^^rentes
pens^es, j' 6coutai les propositions qui me fu-
rent faites par Sidney, gentilhomme Anglais,
lequel me promettoit de faire €clater dans peu
quelque soulbvement, en lui faisant fomtiir cent
mille ^ctts ; mais je trouvai la somme un pen
trop forte, pour P exposer ainsi snr la foi d'un
fugitii^ aL moins de Toir quelque disposition aux
cboses qu^il me faisoit attendre ; c'est pourquoi
je lui pffris de donner seulement vingt mille
^cus comptant, avec promesse d^envoyei- apr^s
aux soulev^ tout ie secoui;s qui leur seroit
B^cessaire, aussitot qu'ils paroitroient env^tat
de s^en pouvoir servir avec succ^." Vol. 2,
p. 203.
The dispatches of Barillon, according to the
nmresenfations of Dalrymple, contain accounts
ofmonies disbursed by Barillon to Sidney, and
other considerable persons in England. But
it is to be obserFed in respect of lord Russell,
that it has not been pretended that he received
a ftrthing of any money which may have been
ao disbursed.
Hufne's reflections on the alleged connec-
tions betvieen the court of France and persons
hi England, who wished to obstruct the acqui-
sition oy king Charles of arbitrary power, and
in particular on the conduct of Russell, are
worth insertion :
" We are to remark»" says he (History,
▼ol. 8, p. 43, Note, ed. of 1791), " that the
party news of these men, and their well found-
ed jealousies of the king and duke, engaged
them, independently of the money^ into the
same measures that were suggested to them
hs the French ambassador. The intrigues of
l^rance^ therefore with the parUament, were a
mighty small en^e in the political machine.
Those with the king, which nave always been
known, were of infinitely greater consequence.
The sums distributed to all these men, ex-
cepting Montague, did not exceed 16,000/. in
pected that I should now say some ffreat mat-
tem unto you ; but the rigour of the season,
and the infirmities of my age, increased by a
close imprisonment of abore ^"ve months, do
not permit me^
*' Moreover, we live in an age that maketh
truth pass for treason : I dare not say any thing
centaury unto it, and the ears of those tnat are
threb years ; and therefore could hare litUe
weight in the two Houses, especially when
opposed to the infiuence of the croiAn. Ac-
cording we find in all Barillon's dispatches, a
great anxiety that the parliament should never
be assembled. The conduct of these English
Satriots was more mean than criminal; and
I. Courten says, that 200,000 livres employed
by the Spaniards and Germans, would have
more influence than two millions distributed
by France. See sir J. Daliymple's App. p. 1 1 1.
It b amusing to observe the gencrej, and I
may say national, rage excited by the kite dis-
covery of this secret negodation ; cluefly on
account of Algernon Sydney, whom the blind
prejudices of party had exalted into a hero.
His ingratitude and breach of faith, in &p{^*
ing for the king's pardon, and immediately on
his return entering into cabals for rebellioo,
form a conduct more criminal than the taking
of French gold : yet the former circumstanoe
was always known, and always disregarded.
But every thing connected with France is sup-
posed, in England, to be polluted beyond all
possibility of expiation. Even lord RnsseR,
whose conduct in this negociation was onlv
factious, and that in an ordinarv degree, is
imagined to be dishonoured by the same dis-
covery."
It should he borne in mind that the wishes
and the conduct of the excellent lord Russdly
which Hume has thus characterised as being
'' party views," and ** only factious, and that
in ordinary degree," were no other than a de-
sire and endeavour to prevent a king, who, to
sa^ the least of him, bad proved that he was no
fViend either to the religion or to the liberties
of his subjects, from maintaining a large mili-
tary force without any dependence upon the
people and without any control by the people's
representatives ; and at the same time to pre-
vent him from governing without parliaments^
the frequent holding of which had been enacted
by statutes so ancient as the reign of Edward
the Third, and so recent as lord Clarendon's
Act, 16 Car. 2, cap. 1, and had been solemnly
promised by that very king in his Declaration
ofApril 8th, 1681.
In relation to the charge against Sidney of
ingratitude, sir John Dalrymple (Memoin,
part 1, book 1, p. 19, 4to edit, of 1771) has,
as was to be expected, some declamation about
<* Brutus," and the sentiment that '* no ob-
liffataons to himself could shake off those
which he oi^ed to his. country." It may, bow-
ever, be suspected that this will not be gene-
rally admitted as a satisfiictory justification of
the conduct of Sdiieyy who bavuig obcaioed
909] STATE TRIi^LS, iS Chablbs II. 1683.— /«■ Higk TVimmk.
[910
«jbout me will lirdbdUv be foumi too tender to
hear it. My trial and condemnation do suffi-
deotly evidettoe this.
" iVest, Ramsey and Keeling, who were
brongbt to prove tne plot, said no more of me
than that they knew me not ; and some others,
equally unknown to me, had uscl my name
from the indulgence of Charles the Second per-
mission to return in safety to his native land,
(a favour of which, in a tetter to Mr. Saville,
be says, that he values it not at a lower rate
than the saving of bis life. See Sidney's Let-
ters, pp. 169, 170, Dodsley's edition of 1742,
and the Biographia, art. Sidney) employed the
means which he derived from that favour in
the promotion of measures to thwart the go-
vernment of his benefactor. I say to thwart
the government; because there is no proof
that Sidney entei'tained any designs a^nst
the safety of the person of his benefactor.
With respect to what Sidney said, that he did
once save the king's life, see p. 877.
Ralph gays that this allusion has not been
plained.
Dalrymple says, ** It is probable that Charles
was not ignorant of a fact hinted at by Alger-
non Sidney, at his trial ; to wit, that he had
been the caqse of preventing a scheme to as-
sassinate the king in his youth. From two
letters of Colbert to his own court, dated 4th
and 25th Augu.st 1670, it appears, that the
French court gave information to Charles, of
Sidney's being then at Paris, and desirecl to
know bow tbey should act with regard {o him ;
that lord Arlio^ton proposed to Charles, that a
Sffision should be given by France to Mr.
dnev, because he was in straits ; and that
Charles consented to it. Charles at first also
agreed, that he should be at liberty to continue
at Paris, but afterwards changed his mind, and
desired he might be remq^ved from it. The
prescieace which Charles, even in the plenitude
of his power at this period, had of the conse-
quence of this man, then an exile, and in want,
is sweetly flattering to those who enjoy this
our temple of liberty, because it shows, that
the true greatness of every individual depends
upon himself. Upon this head Colbert, m his
Wtter of 4th of August 1670, relates Charies's
exnressions with regard to Sidney, thus : * Le
Koy ^Charles) rae dit encore, qu'il ne se
cMMicioit pas que le dit Sidney demeuroit en
Paris ou Laojg^uedoc, ou en tel autre lieu qu'il •
loi olairoit, pourvu qu'il ne revient pas en
Angleterre, ou dit il ses peruicieux sentimens
aotttenus d'autant d'espnt et de oounge qu'il
en a ponrroicnt beaucoup nuire.' — * The king
(Charles) said to me again, that he did not
care whether the said Sidney lived in Paris,
L«n^edoc. or any other place he pleased,
provided he did not return to England, where,
said he, ' his pernicious sentiments, supported
with so great parts and courage, might do
much hurt.' And in Colbert's letter of 26th
August 1670, h« says, Charles said to him of
and that of some others to give a little repu-
tation unto their deagns. The kml Hoviu
and is too infamous by his life, and the many
peijnries not to be denied, or rather sworn by
himself^ to deserve mention ; and bein^ a single
witness wonid be of no value, though he had
been of unblemished credit, or had not seetf^and
— - - - - * — ■ ■ . _ It
Sidney, * qu'il etoit h propos de le laisser re-
* toumer en Languedoc, et qu'il ne' pouvoit
< 6tre trop loin de P Angleterre.' < That it waa
*■ proper to let bim return to Languedoc, and
* that he could not be too far from England.'
And in other letters I observed, that wherever
CbaHes spoke of Sidney, he called him, \ un
* hommede cceur et d' esprit:' which may per-
hiTps be translated * a man of heart and head.' "
Boswell, in his Life of Johnson, relates John-
son's sentiments, or at least his expressions,
respecting the receipt of money from France
by Charles, and that by Sidney and his asBo«
ciates. The difference of the lights, in which
the conduct of the two parties is exhibited, ar«
not incurious :
** 1 mentioned," says Boswell, '< sir John •
Dalrymple's ** Memoirs of Great Britain and *
Ireland,'' and his discoveries to the prejudice
of lord Russell and A. Sidney. Johnson : * Why,
Sir, eveiy body who had just notions of govern-
ment thought them rascals before, it is well
that all mankind now see them to be rascals.^
Boswell : < But, Sir, may not those discoveries
be true witfiout their being rascals ?' Johnson :
' Consider, Sir ; would any of them have been
willing to have had it known that they m-
trigued with France ? Depend upon it. Sir, he
who does what he is afraid should be known,
has something rotten about him." In another
place of the same book, Johnson is made to say,
<« Charles the Second was lioeotioas in bis
practice, but he always had a reverence for-
what was gt>od. Charies the Second knew hk'
people and rewarded merit. The church waa-
at no time better filled than in his rei^. He
was the best king we fever had from ni^ time-
till the reign of his present majesty, except
James the Second. He took money, indeed,
from France, but be did not betray those over
whom he ruled : he did not let \he French
fleet pass ours." 1 Bosw. Life of Johnson,
474, 4to. 1791.
Johnson's friend j^Btirke) has given ns a
much truer picture ot Charies the Second ;
** The person given to us by Monk was »
man without any sense of his duty as a prince,
without any regard to tlie dignity of his crown,
without any love to his people: dissolute,
false, venal ; and destitute or any positive good-
quality whatsoever, except a pleasant temper
and the manners of a gentleman . " Letter to a
Member of the National Assembly, 1791, p. 48L'
The proofs of the gross unfi&elingiMM and
ingratitude W Charles die Second are very
numerous. Harris has recorded tome anee*
dotes to establish it. The foUowing story m
9i 1 } STATE TRIALS, 35 Ch aklbs II.
confessed that tiie erioMfl committed bf him
would be pftHkmed only for committiiig more ;
and even the pardon promised could not be ob-
tained till the drudi^ery of awearing was orer.
" Tbisbeioglaidaaide,thewlioleroatteri9te-
dueed to the papers said tO' be fomid m my closet
by tbekingfs omeers, without aay other proof
printed in Mr. Brand Hollis's edition of the
works of Algernon Sidney, in a Note to p. 31,
of his '' Memoirs of the life of A. Sidney."
•*— Russell, the painter, related to or
connected with the OK?ers, told Tertue a re-
roaricable stoiy. The greater part of the col-
lection of kiog Charles being dispersed in the
troubles,^ among which were several pictures
of the outers, Charles S, who remembered,
Bad was desirous of recorering them; made
many enauiries about them after the restora-
tion. At last, he wtas told by one Rogers of
Isleworth, probably Progers, well known for
being employied in the king's private pleasures,
that both fiither and son were dead, but that
the son's widow was living at Isleworth, and
bad many of their works. The king went
^ privately and unknown with Rogers to see
them. The widow shewed several finished and
unfinished, with many of which the king bein|r
pleased, asked if she would sell them ; she
repUed) she had a mind the king should see
them first, and if he did not purchase them,
she should, think of disposing of them. The
king disoovered himself; on which she pro-
duct some more pictures which she seldom
ahewed. The king desired her to set a price ;
she said she did not care to make a price with
bis majesty, she would leave it to him : bnt
promised to look over her husband's books and
let hianuuesty know what prices his fiitber the
late king had paid. The kmg took away what
he liked, and sent Rogers to Mrs. Oliver with
tbei option of 1,000/., or )ui annuity of 300/.
for her lite. She chose the latter. Some
years afterwards, it happened, that the king's
mistiesBes having begged all or most of these
pietures, Mrs. Oliver, uho probably was a
prude, and apt to express herself like a prude,
said) on hearmg it, * that if she bad thought
' the king wmidd have given them to such
* wiMwes and strumpets and bastards, he never
^* should have had them.' This reached Ibe
court; thepoorwoman's annuity was stopped,
tfii(Fshe never received it afterwards." Anec-
dotes of Painting in England, with some
acceant of the prindpai artists ; &c. collected
by the late Mi\ George Vertue, and now di-
giested and nubhshed by Mr. Horace Walpole.
Sifswberry-hill, printed ir62, in 2 vols, ipiarto,
As to the position that <« he who does wjiat he
Urafiraid should be known has sometbiog rotten
tSHmX Mm,'* it does not appear that Sidney and
tifaasedales must have entertained any fears
lest it night be knoim they i^sceived asskt-
WMe from Fraaoe,. in the prosecution of de-
avnt wbicktbayt thooght wem eondncire tar
of then* bein^ written fay meyten whatiafikM
from suppoaitioDs upon the simlfitnde «f aA
hand that is easily counterfeited, aad whidt
hath been btelr dechired in Ae lady Carr's case
to be no lawful evidence in criminal causes.
'' But if I had been seen to write them, 4m
matter wooki not be mucb dtered. They
the welfare of their country, esEcept in 96 hit
as such knowledge must have tend^ to disom*
cert their measures and to sufeject themsdvei
to legal penalties or illegal riolence : and as
applied to fears of this sort the position is m^
serabie sophistry, Wboevar engages in an
enterfirize, how honourable or beneficial, or
how virtuous soever, by which the letter of tb4
law is infringed, will natnrally. be unwilling
that the steps which he is taking should be
made known, as long as there is no doubt ihtii
the discovery would cause the fUlnre of his
enterprise and the infliction upon himsdf of
the mighty penalties of the law. Withio lestf
than twb years after lord Russell's dmb, th^
throne of Charles was occupied by James, in
whom Johnson discovered greater virtues and'
greater claims to reverence and honour than
even in his predecessor. Under this auspicious
and benifirnant reign those who had received
favourable notice from the king, according t^
Johnson's own account of Dorset, sooir-fomid
it necessary to oppose the violence of his inno-
vations, and as enormities grew ei^ery day Icstf
supporteble found it necessary taconcarm the*
revolution.
Yet surely none of those who besougiit tfatf'
aid of the prince of Orange to deliver their
country from the infnlerablc tyranny by wtiiett
it was oppressed, or of ti^ose who were concert-
ing plans to render that aid most ej9ectnal»
would have been willing that all their measvtea
should be disclosed as long as there remmaed
no doubt that the discovery would tend to
defeat all tlieir hopes of deliverance. Mfbh
respect to the receipt of the French king's
money, it is needless to contrast the conditions
upon which it was received and the purposes
to which it was applied by Charles, vrith the
ol^ects for the attainment of which it would be
employed by his subjects.
Indeed, the editor of the Letters of Lady
Rachel Russell X4th ed: 1792) litiffates all the
itnputations upon Russell and Sidaey which
are contained m sir John Dalrymple's work,
and as to the alledged payment of the money
of France to Sidney andhisassociales, he signi-
fies his opinion, and assigns his reasons for that
opinion, tbat die money may have beea ap-
f^priated by Barillon to his own use. He'
shall speak mr hitnself.
*« Sir John hath fully proved, that Bariflon'
was duped to an extraordinary degree by knd'
Sunderland, in the reign of James ttie Second ;
why not by lord Russell and ISdney'also, i&
that of Charies thelBecond; and he oertai^'
was, the more effeefnally to^support an oppo-
sitiotttotbearfailnttyviewBof theooort. w-
.sides, wluft jiMler grsuad i^Hieve ftv rtOwtkm
» 4
913]
STATE TRIALS, 35 Charlrs
plainly appear to relate unto a hrge treatise
'Written long since, in answer to Filmer's book,
which, by all intelligent men, is thought to be
Sproiindej upon wicKed principles, equally per-
nicious unto magistrates and people.
** It' he migtit publish unto the world his
2;yinion, that all men are bom under a neces-
ty derived from the laws of God and nature,
to submit unto ah absolute kingly ffoveri^ment,
which could be restrained by no law or oath ;
and that he that hath the power, whether lie
came onto it by creation, election, inheritance,
Usurpation, or any other way, had the right ;
and none must oppose his will, but the persons '
and estates of his subjects must be indispensi-
hly subject unto it ; 1 know not why I might
not hare published my opinion to the contrary,
without the breach^ of any law 1 have yet
Icnown.
*• 1 might, as freely as he, publicly have de-
clared my thoughts, and tne reasons upon
which they were grounded, and I am persuaded
to believe, that God had \ei\ nations unto the
fiherty of setting up such governments as best
pleased themselves.
** That magistrates were set up for the good
of nations, not nations for the honour or glory
€lt magistrates.
*< That the right and power of magistrates
in every conntry, was that which the laws of
that country made it to be.
" I ■■.■II.. ■ ^XP— .— .^— ^—
on their characters, for making France subser-
vient to the true interests of their country, than
on sir John Dalrymple (aflerwards, earl of
Stair) and the other patriots who intrigued with
Holland, and thus produced the glorious Revo-
lution ? If Sidney received money, he cer-
tainly did it with disinterested views, and
applied it to worthy uses. A year afler the
account of his taking it, Barillon, the accuser,
thus writes to his master : < The Sieur Alger-
' non Sidney, is a man of ^reat views and very
* highdengns, which lead to the establishment
* of a republic,' (vol. 2, App. p. 287.) Sir John
may therelbre hush his troubled spirits, and
depend on never having the violent shock re-
peated. But why should he have been shocked
at an ? He cannot say that Sidney ever acted
for the interests of France, opposed lo those of
England, nor doth even the French memorials
he nath produced ; but till other evidence is
produced of Sidney's being a French pensioner,
than that of a perfidious French minister, who
was also the paymaster, and came to England
poor, but returned rich, it is more reasonable to
conclude that Barillon embezzled and pocketed
what he placed to Siihiey's account, or wrote
his letter with a design to impose upon His
master, or that it ham been foisted mtothe
depdt to mislead posterity.^ The French being
in so dose a connection with both Charles ana
James, when that great man's death bronght
tncfa an odinm upon them, this money connee*
tion would certainly have been exposed to re-
mote it. Ihe man who disdained even to ask
hiilife- of one unprincipled, king, andpi^oled
TOU IX.
II. 1683.— /or High Treason. ' [9\t
** That thoae laws were to be observed, and
the oath taken by them, having the force of a
contract between magistrates and^eople, could
not b<> vitiated mthoot danger of dissolving the
whole fabric.
" That usurpation could give no right, and
the most dangerous of all enemies unto kings -
were they, who, raising their power to an ex-
orbitant height, allow^ unto usurpers aH the '
rights belonging unto it.
<^ That such usurpations being seldom com-
passed without the slaughter of the reigning
person, or family, the worst of all villanies was
thereby rewarded with the most glorious pri-
vileges.
" That if such doctrines were received, they
would stir up men to the destruction of princes
with more violence, than all the passions that
have hitherto raged in the hearts of the most
unruly. ^ '
" That none could be safe, if such a reward'
were proposed unto any that could destroy
them.
<< That few would be so gentle as to spara^
even the best, if by their destruction a wild'
usurper could become God's anointed ; and by
the most execrable wickedness invest himself
with that divine character.
his horse* rather than it should be rode by ano-
ther, could never accept of a paltry pensioa
from him : the fact in every view is totally in-
admissible." p. XV.
** It is very extraordinary, that from the!
time in wliich Barillon writes so conftdeotly of
his intimacy and intrigues with the Whigs or
popular party, to the glorious Revolution^
there is not the least trace of his having had
any other connection \nXh them. Is not this
very suspicious ? The many articles of false
intelligence he sent to Louis concerning things
and occurrences preceding the Revolution,
proved that he was not so much as acquainted
with their persons, or exceedingly duped by
them," p. ccxvii.
a^^o^—^^^i— art
* This is to be explained by a passage in tha
Notes to Mr. Brand Hollis's edition (4to, 1772)
of A. Sydne3'*s works.
<< The following anecdote having been com-
municated to Dr. Hutcheson of Glasgow, was
frequently related by him to hi^ friends : " Mr
Sidney, during his stay in France, being onh
day hunting with the ' French king, and
mounted on a fine English horse, the form
and spirit of which caught the king's eye. re-
ceived a message, that he would be pleased to
oblige the king with his horse at bis own price.
He answered, that he did not choose to part
with him. The king determined to have no
denial, and gave or^lers to tender him money
or to seize the horse; which being made
\ known to Mr. Sidne;^, he instantly took a pistol
and shot him, saving. That bis horse was
bom a free creature, had served a free maoi
and should not be mastered by a king Of
staves." " Mcmois, p. 34, Note.
3N
^
$r5 J OTATE TRIAJLS* 55 Cuaelbs fi. \6^%.^TiiA if Algenum SUtup, [916
** This if the tooM «f die whole treatise ;
ibe writer giyes such reesoM as at present did
occur onto him, to jirove it. This seems to
agree with the doctnnes of the most rererended
antbors of all times, nations and nelifrions.
Tlie best and wisest of kinrs have ever acknow-
ledral it The present king of France hsth
declared^ that kings have that happy want of
power, that they can do nothing contrary to
the laws of their country, and grounds his
qparrel with the king of^^ Spain, Anno 1667,
i^on that principle. King James, in his
ricft to ite ptfliament. An. 1603, doth in
hiffhest degree assert it : the scripture seems
Id declare it. If nevertheless the writer was
mistaken he mijg^ht have been refuted by law,
reason, and scripture ^ and 00 man, for such
matteis, wtt ever otherwise punished, than by
beinff made to see his error ; and it hath not
(as I think) been ever known that they had
been referred to the judgment of a jury, com-
posed of ,roen utterly unable to comprehend
them.
*' But there was little of this in my case ;
the extravagance of my prosecutors goes
higher : the above-mentioned treatise was
never finished, nor conld be in many years, and
most probably would never have been. So
much as is of it was written long since, never
reviewed nor shewn unto any man ; and the
fiftieth part of it was produced, and not the
tenth of^tbat offered to be read. That which
was never known unto those who are said to
have conspired with me, was said to be in-
tended to stir up the people in prosecution of
. the designs of tnose conspiratoiB.
** When nothing of partioular application
unto time, place, or person, could be round in
k (as hath ever been done by those who en«
dieavoured to raise insurrections) all was sup-
plied by innnendos,
" Whatsoever is said of the expulsion of
Tarquin ; the insurrection against Nero ; the
slaughter of Caligula, or Domitian ; the trans-
lation of the crown of France from Merovens's
race unto Pepin ; and from his descendants
unto Hugh Capit, and the like, applied by in-
nuendo unto the king»
^They have not considered, that if such
acts of state be not good, there is not a king in
the world that has any title to the crown he
bears ; nor can have any, unless he could de-
duce hia pedigree from the eldest son of Noah,
and shew that the succession had stiU continued
in the eldest of the'eldest line, and been so de-
duced to him.
** Every one may see what advaotase this
would be to all the kings of tlie world, and
whether, that fiuling, it were not better for
them to acknowledge they had received their
crowns by the consent of willing nations : or to
have no oetter title unto ihem than usurpa-
tion and violence, which by Ihe same ways,
may be taken from them.
" But I was not loo^ since told that I must
die, or the nlot most die.
Lest ta« meajM of destroying the best
1
Protestants in Ei^and should fail, the beaek
most be filled with such^as bad been blemishes
to the bar.
*< None but such as these would hare ad-
vised with the king's counsel of the means of
bringing a man to death, suflered a jury to be
packed Dv the king's solicitors and the under
sheriff, aamit of jurymen who were not free*
holders, receive such evidence as is above*
mentioned, refuse a copy of an indictment,
or to suffer the statute of 46 Edw. 3, to be
read, that doth expressly enact it should in no
case be denied unto any man, upon any occa-
sion whatsoever, over- rule the most important
points of law without hearing. And wnq;ea8
the statute 25 Edw. 3, upon which they said
I should be tried, doth reserve unto the parlia-
liam'ent all constructions to be made in pomts of
treasons, they conld assume unto themsdves
not only a power to make constructions, but
snch constructions as neither agree with law^
reason, or common sense.
" By these means I am breoght to this
place. The Lord forgive these practices, and
avert the evils that threaten the nation from
them. The Lord sanctify these my sufferings
unto me ; and though I fall as a sacrifice onto
idols, suffer not idolatry to be established in
this land. Bless thy people and save them.
Defend thy own cause and defend those thai
defend it. Stir up such as are ftint, direct
those that are willing, confirm Uiosethat waver,
give wisdom and integrity onto all. Order
all things so as may most redound unto thine
own ffk>ry. Grant that I may die glorifying
thee for all thi^ mercies, and that at the last
thou hast permitted me to be singled eat as a
witness ofthy truth ; and even brthecooles-
sion of my opposers, for that Old Cause in
which I was nom my youth engaged, and for
which tbou hast often and wonderfully dk-
dared thyself.'*
41
ThefoUomng Article i$ printed from the 4tm
EdUion of the Works ^Algernon Sidmem,
publUhed.hy Mr, Brand HoUu in M
Year 1772, and the Note* to it which were
interted in that Publication are retahied
here*
m
THE APOLOGY
OP
ALGERNON SYDNEY,
IN TBK
DAY QF Bm DEATH.
BEING ready to die under an aocosatisa of
many crimes, I thought fit toleave diis as m
tfstimony unto the worid^ that, as I bad Iron
my youth endeavoosed to uphold the oommes
rights of mankind, the laws of this land, and
the true Protestant rdigion, affainst oornul
princi^lei, arbitrary power, and Fopeiy, I m
now willingly lay dovm my life for tiimmiti
mr)
STATE TRIALS, 35 ChahLes IT. \6^S.^f^ High Treason.
[?1«
mad haTin«f a sare witnen within me, that God
doth abaolre me, and npbold me, in Uie utmost
extremities, am very little solicitous, thou^
man doth oqpdemn me.
I am no ways ashamed to^anote, that, from
the year 1649, until the coming in of the king*,
I did pftMecnte the above mentioned principles ;
and havinifr theo finislied to the advantage of dl
Europe, and the honour of this nation, a nego*
tiatton, upon which I had been employed in the
north, cbose rather to Remain beyond the seas,
than to retnrn into my own country, though
gmerai Monk, upon the account of many <%-
^fations received from me, did desire me to re-
tnrn, with large offers of all the advantages he
could procure for me.
I well knew his power,' and did not doubt
of his intentions ; but though I thought it my
•dnty to submit unto the providence of God, in
thie ' strati^ revolutions brought amongst us,
through the unsearchable counsels of his wUl,
durst not recede from the ways of righteous-
ness ; and through his grace wasaUe to refect
the rewards of iniquity
It being acknowledged, that though I had
ever oppwed the then triumphing party, no man
bad ever shewed himself to be a fairer enemy,
and that I had done many personal and roost
important services, as well to the royal fhmily,
as unto such as depended upon il, I Imped ^at
no man would search into my present thoughts,
nor so far to remember my former actions, as
to disturb me in a most innocent exile ; and that
the most ma^ickms of my enemies should not
Setend that I practised any thing against
e government, I made Rome the place of my
retreat, which was certainly an ill setae to act
any thing, that was displeasing onto it
But I soon found, that no moffensiveness of
hebavionr could preserve me against the malice
of those who sought to destroy me ; and was
defended from such as there .designed to assas-
onate me, only by the charity of strangers.
When the care of my private afiairs brought
' me into Flanders and If olland, anno 1663, the
same dancers accompanied me; and, that no
place might be safe onto me, Andrew White,
with seme others, were sent mto the most re-
■lote parts of Germany, to mnrder me.
The asperity of this persecution obliged me
to seek the protection of some ^reign princes ;
and, being tnen in the strength of my age, had
veputation'enough to have gained honourable
employments ; hut aH my designs were broken
by letters and messages mm tnis court, so as
■one durstf entertain me; and when 1 conld not
comprehend the gronads of dealing wtth me in
auoh a way, when I knew that many others,
who had been my companions, and given (as I
thought) more just causes of hatred against
them, than I had done, were received into fa-
tour, or sufieaed to live qniet^. A man of
quality, who well knew the temper of the court,
•xplamcd the mystery unto me, by letting roe
know, that I was distinguished from the rest
because it was known, thati couklnotbecor-
No man ooddhave thought it stMn^, if this
has cast me into the utmost extremities : and
perhaps occasions of being revenged would not
have been wanting, if I had sougnt them ; but,
instead of that, 1 cast myself into unsuspected
retirement in the most remote part of France,
where I passed above eleven years, and was
drawn out of it only by a desire of seeing nij
aged father before he died, and obtained tho
king's passport for my security.
My father died witnin a few wedcs afier my
coming over ; and, when I prepared myself to
return mto Gascony, there to oass the remain-
ing part of my life, I was hinaered by the eari
of Leicester my brother, who questioned all
that my father bad given me for my subsis-
tence ; and by a long and -tedious suit in chan-
cery, detained me in England, until I was made
a prisoner.
When a favourable decree, obtained in chan-
cery, gave me hopes of being freed Irom such:
vexatious business, I reassumed my former de-
sign of returning into France ; and to that end
bought a small parcel of ground, in a friend's
name, with an mtention of going immediately
unio it. This proceeded from the uneasiness of
my fife, when I found, that not only the real
discontents, tibat grew to be too conunon, were
ascribed unto me, but sham plots fastened upon
me, so as I could never think my life a day in
safety.
Not long after the discovery of the popish
plot, his nuyesty was informed of a great plot of
the nonconformists, and. that I was at the head
of it ; and though (being admitted unto his
miyesty's presence) I did truly shew unto him,
that there neither was nor could be any thing of
that nature, as things then stdod ; Because it
would cast his maje^ into conjunction with
the popish, which they did most abhor ; the
sham was continued, as appeara by the Meahub
business. Though my name was not there
fbuud, I am well mformed, that, if it had suc-
ceeded, I should have been involved in it
Other ways were invented to vex and ruin me.
When I only looked over a baUxmy to see what
passed at the election of the sheriln of London,
I was indicted for a riot.
In April last I Was toM by -a person of emi-
nent uualitv, virtue, and unoerstandii^, that I
should infallibly be made a prisoner. I asked
upon what pretence. Heattegedsome things
that were entirely frivolous, mating unto vue
persons, whose faces and naanes I did not know,
but conduded some or other would be found ;
and that if I was once taken, it mattered not
for what cause; it being impossible to avoid
condemnation, before sud juoges and juries as
I should he tried by.
About the middle of June the town was full
of rumours of a olot said to be discovered by
Keeling, and not long after by West. Some
persons fled, arid a proclamation issued to have
them apprehended. My name was in every
coffee-house, and several informations were
given me, that I should certainly be seised. I
mentioBed this to several penons; but knowing
919] STATE TOTALS, 35 ChAMLIBB It. l683.-^Tr»a/ 0/ Mgermon Sitbuy. I929
no reason why I should abseni myielf, resohred
not to do it : and coDtioued io that mind, tbougrh
I waa told, early in the morning on the 26th of
June, that the duke of Monmouth was retired,
and colonel Rumsey had rendered himself.
Thi8 concerned me so litile, that I spent that
nwrnin^ upon my usual studies, or entertaining
«uch friends as cmne to see me ; and, whilst 1
was at dinner, a messenger came and aiTcsted
me in the kind's name, by an order from four
lords of the pnvy council. Immediately after
dir Philip Lloyd came, with another order from
the same lords, to seize my papers. He
searched many secret places, but did not find
one that he tliought fit to take, except such as
lay openly upon m^ table, or in a trunk that
had notl]«en shut msome yeare. When he
had ransacked all, and put what he pleased into
H trunk and pillowbear, he would have per-
suaded me to put my seal unto them ; but I,
remembering what had passed at colonel Man-
«en*s lodging, and some other occasions of the
like nature, refused to do it ; whereupon he put
his own seal, but promised, that they should
hot be opened, unless it were in my presence ;
which was observed as other promises of that
nature have been ; for I nerer saw the said
tnmk or piilowbeai* to this day. From my
own house I was carried to the messsengers,
and from thence to Whitehall, before the four
lords, by whose order I had been apprehended.
The lord keeper [North] asked me some
questM>ns concerning sir John Cockram, and
Aaron Smith, unto which I returned answers
with all the respect I could, without prejudice
unto the truth ; and, when I tliought that I had
given full satisfaction, was Uken into the cus-
there deUined a close prisoner. Within a few
days ailer, my house, money, horses, goods,
and chattels, were seized both in the town and
country, whicH I take to be contrary to the
laws et the land, in these three points ; first, it
* " Hithe. Sir LeOlin Jenkins, son of a
taylor, judge of the Admiralty, was in hopes to
be archbishop of Canterbury ; employed in four
embassies, and whose indefatigable industry in
promoting a peace for France, has been our
; [curse or niin.] He affirmed in
the House of Commons, That upon necessity,
the king might raise monies without act of par-
liament. A seasonable argument to persuade
all the Grand Juries in England, to petition
for a new Pariiara^nt. Or a list of the princi-
pal labourers in the great design of Fopery
and arbitrary power; who have betrayed their
country to the conspirators, and barj^ained with
them to maintain a standing army in England,
under the command of the bigotted popish
Duke, who by the assistance of the L. L.'s
^Lord Lieutenant's] Scotch army, the forces
in Ireland, and those in France, hope to bring all
»»<^k to, Rome." Amsterdam, printed in the
yw 1677, in quarto. [By Andrew Warvell.]
is expressly said in BfagnaChartayCoiifinDedb^
above thirty parliaments, and many other
statiites now in force, that no man shall be ina*
prisoned, unless it be by the judgment of bis
peers, upon the testimony of two credible wit-
nesseSf'or his own free confession, without foio«
or violence ; whereas here was no indictOBsnl
or witness produced until the 7tb of November,
and, thougn extreme violence was used to lae,
I confessed no crime at all. Sdly, The law of
England appoints imprisonment * in custodian,'
not ' in pttnam,' acknowledges no close inopii-
sonment ; whereas 1 was kept with the most
extreme rigour, to the great prejudice of my
health, and almoet destructiop of my life, with-
out any consolation from my friends, until a
few days before my trial. 3dly, The law of
England admits of no seisure of goods til{ alter
conviction ; whereas divers lewd fellows were
put into my house, who, besides many insoleo^
cies committed, did (as 1 am informed) felo-
niously take away my coaches, sevtraJ iianoels
of goods, and some money, 4ong before |uy io-
dictment was exhibited against me, and, though
I made, several addresses unto the king and
council for the removal of those violeiioes,
could obtain no relief. .
November 6, I received notice feoni the
lieutraiant of the Tower, that an babew eer^
was brought unto him, and a command to bnnsr
me the next day before the king's bench ; vA
I was accordingly brought into the police*
yard of Westminster, between lea tmd eleveo
the clock in the morning, before the grand
jury assembled, or the king's ooonsel could
know the bill would be found, uileas they had
the faculty of divining, or hdd such an mlel*
ligence with^ the grand jury, as utterly over-
throws all justice.
The bill being found, I was immediately hnr*
ried to the bar, through a strong guard of sol*
^iers, to be arraigned. The bul was read in
English and in Latin. I found it to be very
long, nerplexed, confused, and containinsr a
heap 01 cnmes, distinct in nature, distinguiuied
from each other by laws relating unto oeveral
statutes, which required several oonsiidentione;
no overt act was precisely set forth, with ill
due circumstances ; no man named, with wbona
I was said to have conspired ; the meetings to
conspire, were said to be on the dOth c^ June,
and many other days both before and since;
whereas I was then, and had been some days
before, and ever since, a close prisener: here'^
upon I desired the advice of ooonsel, to frame
exceptions against the hiU, |votessing that to
me it seemed to be void, as many had been de-
clared to be so, and particularly that of the
duke of Somerset. I instanced, that the coart
had allowed unto sir H.* Vase the liberty of
making his exceptions, and pleadini; over,
which the laws allow in naatters of lite ; hut
all was refused, without an v odier reason than
the will of the judges. I toen desired counsel
to frame a special plea, opening, as well. as I
could, the s^ope of it; but coold obtain no-
thing; and lastly^ when I .offered a ^Mcial
&211
STATE TRIALS, 35 Charles II. iSss.^fir High Treaam. [923
plea^ fcftdy engrbtsed/ the court would not
veoei?e it, unless it might be peremptory, de-
cUring, that if it were over-ruled, 1 sbouid be
bo iurtber heard ; w^ch condition I was not
willing to accept of, inasmuch as, though I be-
lieved my plea to be ^pod, I was more confi-
dent jof the merits ot my cause ; and, lest I
should be depiived of the benefit of pleading,
was forced to eome to the general issue.
This proceeded merely from my own igno-
rance in the law, and want of counsel, which if
I had had) the court could not have imposed, so
notorious a fraud upon me, as toonake me be-
Uevf?, that i could not be admitted to plead not
guilty, if tluit special plea came co be over-
TuleJ^; every one that is any-ways versed in
Ihe law knowing, that I might do it without
danger. If it had been received, the court
would have been obliged to cut off those intri-
cacies, ambieuities, by which I was entangled,
and the jury hrougbt to bring in a verdict which
they did not understand ; or impude^itly, in the
face ot the world, to have shewn, tfaiat they
had no consideration of law or common sense :
and whalsoevertbey did, might then have come
to the general issue. Being driven upon these
extremities, by the violence and fraud of the
chief justice, who threatened, that juck^ment of
treason shonld be immediately entcreo, if 1 did
not come to the general issue, 1 was forced to
plead not guilty, and thereby lost the advan-
tage, which was never to be recovered, unless
the judgts could have been changed : they,
who knew I could never be condemned upon
«uch evidence, as, by consulting with the king^s
counsel, they knew would be produced, unless
the matter could be rendered unintelligible by
a common jury, resolved against any thing,
that should explain it, or make the truth to
appear, and would never suffer me to g^t
out of the snare in which they had caught
me.
Th^ court, for fiishion's sftke, allowed me a
finrlaight to prepare for my trial ; but, lest the
fraud or errors of the indictment should be dis-
covered, as tliat time might be of any benefit
unto me; the copy of it, and the help of coun-
sel, were again denied, unless I coulo tell upon
what points in law I would desire their advice.
This was no less than to injoin impossibilities.
Having never studied the law, 1 was utterly
ignorant of it; the indictment was so long,
perplexed, and intricate, that the ablest law-
yers could give me but a very imperfect ac-
count of it upon hearing, though the whole
contexture of it seemed to be such as was not
to be upheld by kw ; it was hard for them
justly to fix upon the wavs of overthrowing it,
when the exoentions, and the special plea that
I offered, had oeen rejected, unless they had
had it beiare them, and nicely examined it ;
inuch less could it be done by me, who am
utterly unexperienced in those matters. Mr.
Attorney [sir Robert Sawyer, knt.] had then
so much confidence, and so little charity, as
o|»enly to avow, that I sbouid not have counsel,
hat they sbovld fomiab or teaoh me the point*
of l^w that I might insist cpon.* This appeared
strange unto aU those who have any knowledge
of the laws of God or man, and that are not
eouallv deprived of charity and humanity.
Tne Qotaining of justice is the end of the law,
and truth the rule of it : hereepon it is agreed
by mankbdjthat every man ought to know his
accusation, that he may know to direct his de-
fence, or receive advice, if he be ignorant in it.
It is an absurd perverrion of all law, lo 88y»
that I heard it read ; When it was rendered so
long and intricate, that neither I, nor ai^v other .
man, was, upon reading, able to comprenend il.
One of the worst acts that were imputed unto
Caligula, the worst and basest of men, wae,
that he caused edicts ,to be wriftten in a hand,
and set up in a place where no man could read
them : hereby he turned the law into a snare,
and destntyed those who did not conform them-
selres .unto the rule they never knew. Tbey^
fall under the same condemnation who make
accusations obscure, and suffer them not to be
examiued, lest they should be understood.
To evade this, my prosecutors fabiely pretend,
that no such privilege is allowed to prisoners i^
England. But, besides that natural and uni-
versal rule of justice, which can be over-ruled
by no municipal law, I did produce the stat. of
46 £d. 3, which doth plainly enact, that all
men, in all cases, whether they be snch as fall
out against the king, or any others, shall btvt
copy of such records as are against them ; and
shewed that the parliament, whose example &H
other courts ought to follow, had allowed unttt
the earl of Strafford, the earl of Danby, thd
lord Staflbrd, and the popish lords now m the
Tower, copies of their indictment : and, if it
bad been pretended, that such a privilege wai
allowed only unto peers, 1 was ready to say,
that though I am not a peer, I am of the wo^
of which they are made, and do not find, that
our ancestors were less careful of the lives of
commoners, than of peers, or that one law ii
made tor them, and another for us ; but are
all entirely under the sime law, and the same
rules.
I confess that, at the time of my tfraigir*
m^ent, t was not folly provided with argumelilt
and proofb of these matters ; but when 1 eame
to my triah, had those that were kbundantly
sufficient : nevertheless the chief justice (who,
by his oath, and the king^s, ought to hate in-
formed me of that law, if I did'not know it)
wouM not suffer the statute to be lead, when I
produced an authentic copy of it,' nor. allow me
the copy of my indictment, which, aoeofding
unto the true meaning and express words there-
of, I demanded.
Though I was thus irres^ularly horrisd unto
trial, I thought thdt my InrtE, education, and life,
^
* « Chipping Wickham. Sir Robert Saw*
er, a lawyer of as ill reputation as his father,
las had for bis attendance this seeaion ifiOOL
and is promised, as he insinuates, to be Alter-
ney General and Speaker of the Hoote «f Com-
mons." A seasoneUe Argument, ete.
925] STATE TRIALS, 35 Charles IL I G^S.-^Trial of Algenum
tW4
ndfhi have deserved a jury of the principal
knights and gentlemen that were fredmiders
in Middleeek ; or, if that rule ivere broken,
the most eminent men for quality and under-
standing, reputation and virtue, who lived in
the country, though they had not freeholds,
might have been taken to fUl up the pannel.
The importance and difficulty or the matter in
question seemed fiuther to enforce it;^ bat,
when a cooy of the pannel was sent unto me,
I found UAtall rules of decency, discretion,
and humanity, liad been n^lected, as well as
those of (aw; the bailifis had not been suffered
to summon such of the freeholders, in their
several hundreds, as seemed most fit for such a
service; but received orders to summon by
name such as Graham and Burton had, mm
the under-sheriff, agreed upon ; the copy of
the pannel was sent unto me before one of them
was summoned ; and, if I am rightly informed,
some of the best being put in only for fiishion-
sake, did never receive any summons; but
sure I am they did not appear.
The life I have led might have given me
aome land of knowledge of such as reasonably
might be thought fit to be my judges ; but 1
4id not know the face of one, nor die names of
more than three of the wbote panel, and they
last, as did not appear. Upon examination 1
Ibund, that they had not only put in very many
that were not freeholders, but picked up a
rabble of men of the meanest callings, ruined
fortunes, lost reputation, and hardly endowed
with such understanding, as is required for a
jury in a Nisi Prius court for a business of 5/.
This might have been a little mended by
sifUng, if the reasons alledged against such as
were the king's servants in pay, wanted free-
hold, or, for some act specified, were notori-
ously infamous, had been accepted ; but the
lord chief justice being pleased, without pre-
tence of law, reason, or precedent, or suQeiing
the point of law concerning fireehold to be
aigued, to reject my exceptions, I waa forced
to challenge them peremptorily, whom I
knew to have been chosen to destroy me ; and
|vas thereby derived of the benefit allowed by
the law, and forced to admit of others most
like unto them (whereas it is said, that I re-
jected men of ouality, and took such as were
mean, I do i^t-ofess, that I do not Jaoow of a
man, family, name, or fortune, upon the panel,
but Mr. Burt, sir Charles Gerard, and Mr.
Hawtray , whom I resolved to have accepted ;
and, if I did challenge any other like unto
them, it was merely by mistake;) and, to
embroil the minds or a jury thus constituted,
the king's counsel produced Mr. West, colonel
Bumsey, Keeling, and sir Andrew Foster, to
tell stones upon heantay The three first spake
of a plot between themselves and others, in
which I was no more concerned, than that
they, who had not reputation to carry on such
a work, were wilting to make people believe,
that I, and some that had more, were engaged
in it. This, in truth, did very much tend to
myjustificatioQi for it 19 not to be imagined,
, that, if I had been engaged in their desigiis, I
should not rather have communicated with
West and Rumsey, than >nich mean penons,
as were hardly in a distance of being known by
me : and Foster's deposition went no farther,
than that, as the lord Howacd saiji, some
Scotch gentlemen were desired to come up
upon a pretence of treating concerning Caio*
Una, some did come to treat of the same; bat
of me, or any correspondence between me and
them, he says not a word. The lord Howard's
deposition was very rhetorical, but nothing at
all to the present purpose. The indictment
set forth a conspiracy on the 30th of Jane,
wherein I, and divers others to the jury un-
known, did then, and many other days bodi
before and after, in the parish of St Giles's, not
having the fear of God before oar eyes, at the
instigation of the ^evil, had traiteroosly oon-
spirra the king to depose and kill ; the govern-
ment to Subvert ; to levy war, and a crad
slaughter of his subjects to nnke; and, ia
order hereunto, had written a fidae and sedi-
tious libel <nr book to stir up the peofile.
The witnesses produced by me were ^ree
eminent peers, two gentlemen of great qnatity,
cousin ^pennans of the lord Howard, a doctor
of divinity, a French gentleman, two of my
servants, and a very considerable cidsen. Six
of these did depose, that the lord Howaid,
with hands and eyes lifted up to heaven, and
calling God to witness, had most solemnfy de-
clared he knew ofno plot; believed there was
none ; took that which is mentioned, to be a
sham invented by the priests and Jesuits, and
the more dangerous for being a sham, hecaase
no man knew where it would end. Four of
them said expressly, hehad,vrith the same
asseverations, declared his confidence, that I
knew of none, for that I was so moch bis friend
that, if I had known of any, I would have
communicated it unto him.
Before I was brought to my trial, I had aet
down a certain method to be kept in making
my defence, and twelve points of law to be
argued by counsel, or saved to be found
specially, if the jury did find any fhct agiast
me. But all was inverted by the violence of
the chief justice, who perpetually intemipled
me ; and was observed so well to choose his
time of breaking of my discourse, as never to
suffer me to finish any point that pinched too
hard upon the undue practices of my prosecu-
tors, or most conduced to my defence. When-
soever I cited a law, or a judged case, that
made for me, or proposed a point of taw to be
argued or reserved, be would teU me it waa
n(2fain^ to the purpose, they had already deter^
nuned it, and ooliged roe to be silent. Then I
thereupon said, it was to no purpose to speak,
if law, reason, and truth, were not reoarded.
He told me, that if I would not speak, they
knew how to proceed.
When, by the inipudenoe of his extrava-
gance, I was driven into these straits, I law na
better way than to shew, that the only witnena
against me was the lord Howards and he
925]
STATE TRIAL3» 35^ ChaslbS H. l6is.^^ Higk Treason.
l$26
Cfm\d deseire no credit; that bavinff, at the
kNrd Rcuweirs trial, acknowjed^, Skat the
religioos obligmtidn of an oatb did not consist
in the outward administering^ of it, but the
calling* of God to be a witness unto it ; that he
liad there, as in the presence of God, asserted
things inconsistent with what he had then
sworn (so as Mr. Howard said it was impossible
that what he said unto him, and what he had
then sworn in the court, could be true, unless
his lordship had one soul on Sunday, and .ano-
ther on Monday ;) that he had thereby sworn
himself perjured, which was beyond any legal
conFiction, and ouffht to destroy his testimony,
as well as if he had been legally con?icted.
That he had now added new perjuries unto
tiie former, in swearinff things different from,
and inconsistent with, mat he nad sworn against
the lord Russell ; and then concluded, that he
hnew.no more.
That, being- under the guilt of many con-
fessed crimes, the terrors of death, the despair
of obtaining pardon, unless it were by the
drudgery of swearing, as was testified by Mr.
Blake, or doing other jobs, as had been said by
Hunt and Burrouffhs, who durst not appear,
thoitfb subpcsnas had been sent them ; he did
in enect confess his former crimes were to be
redeemed only by committing more ; he ought
not to be credited ; that he was my debtor ; and,
having defrauded me in the matter, and for
the money, with which I had trusted him,
coming to my house under the name of a
ineiid, he had endeavoored to get my plate,
9dA oUier things of value into his hands.
That the matter of his deposition was as ab-
surd and impossible as lane; that the six,
which were nid to be a select council, were
sdected by no man;, that they, not being
chosen by any, could not erect themselves into
a cabal, to manage such business a» were by
no man committed untp their chaige: that
they did not know, and could have no con-
fidence in one another; that 1 had never
spoken unto the duke of Monmouth until he
Ivought the said.duke to dine with me by a
•heat put upon us both a few days before the
pretended meetings; that, upon such occa-
sions, when men £d invite themselves to con-
spire, they did ever choose such as they trast-
M, and could help forwards the designs for
which they did conspire ; that the lord Howard
was trusted bv none of them, and was so far
from being able to do any thinff towards snch
an' end, that he durst not say he coidd bring
five men into the field, furnish five pounds by
his purse or credit, or knew how to command
them jlf they were brought together bv any
- other ; that tf he said the san^e thing of me, I
might confess it ; and did confess, I did not
know five men in En^^iand that would follow
me ; and oould have sasd very much more, if I
had not been hmdersd by the chief justice his
firequent interruptions.
That» his deposition being destroyed, nothing
nnuuned; ,or though contrary to law and
it wen rsgttvsd, it fionid M of no value,
That no use could be made of the pftpers
said to be found in my house. That, though
the government of France is said to be violent,
no use could be made of many papers of most
dangerous consequence said to be taken in M.
de Fouquet*8 house, by the king of France his
officers ; and'the error of not inventorying Uiem,
in the presence of some persons trusted by him«
was never to be repaired, and he had been
saved by it. That no man said I writ them,
and simihtude of writing, in criminal cases^
could be no evidence, as appeared by the iud*;-
ment of the chief justice Keeling, and me
whole court in the lady Car's case.
That, whosoever wnt them, thej appeared t»
be only some scraps of a large treatise, in answer
to Filmer's book, which, being full of abomi*
nable maxims, might be opposed by any mtfn :
the like having been written by one White a
priest, in favour of Cromwell, when he was us
possession of the power ; he, though a tyrant,
abominated it, and a gentleman who presented
it : that, if I had written and pid>lished a book,
I must be answerable for the contents of it, the
whole being considered ; but when a few sheets^
relating unto some hundreds mentioned in'
them, were produced, not only the scope of
the whole remained unknown, oui the antece-
dents and the consequents of the words thejr
had read, being kept secrets, no man could say
whether this woik were good or evil, true or
false: that, when I desired those papers brought
into the court should be all reaa, it was ab-
surdly proposed, that I should name die pas-
sage, J, not knowing any word that was in
them ; that the ink and paper did evidently
shew they were very eld, and it was impos-
sible they should have any dependence upon
bnsmesB pretended to be now in agitation ; sach
as had been written many, perhaps twenty or
thurty years ago, could not relate unto the pre*^
tended consultations within ten months.
That no tribunal did ever take notios of a
man's private, crude, and undigested thoughts t
that thouffh the inquisition is the worst and
most bloody tribnnal that hath been known in
the world, I never feared to write what I plMS«
ed affainst the religion there professed, when 1
lived under it ; and, though it raged in Spain
more than any other phM», nd monk ooohi bn
questioned for any such writings, though they
contained the most dangerous heresies, if not
published; and it were enough for him that
had written them, to say^ that he was perlu^ia
mistaken. This being so, there is neither
matter nor evidenee ; the lord Howard's testi*
monv is nothing in itself, and cannot be sujh
plieo by that which is also aotbing, or, if it
were to be received by ita^, could have no
relation to the consults of which he acCTiseth
I must ever insist upon the law of God
me.
given by the hand of Moses, confirmed by
Christ and his Apostles, whereby two witnsssea
are necessarily required to every word, and
eveiT matter. This is received by all that
profess the name of Christ, and so undentood
by all, that no man in any place can be pot la
9t7] STAT£ TKIALS» 55 Charus II. iSSS^TVudi^Argimcn Sidney, [92I
That the compaftdDgof the king^s death, de-
clared to be treason in the first, braneh of the
Stat. 25 £d. 3. was meant his corporal death,
inasmuch as, in his politic capacity, b^ can
never die ; and cannolbeimplyedby the branch
relating unto the levying of war, which is an
act distinct in nature, aiKl distinguished by law
from it ; the authorities of Coke and Hales, wen
ailedgsd to prove this distinction, that to levy
war was not to eoroiiasB the death of the kinr ;
and, being treason of different species, Ae
overt-act of the one could not be the overt-act
of the other : that conspiring* to levy war, was
ik>t treason of itself, nor by implication, as ap-
pcared by se?eral temporary acts of the lef
Mar. 13 £li. 13 Car. 16. and others, whereby
after a certain time during tb^ir lives, to cod*
spire to levy war is made treason, which had
been impertinent, if it bad been ever so by the
ancient stat. of 35 £d. 3.
The casa of sir H. Vane was aHed|ned, who,
though he had been an eminent man in all the
counsels relating unto the first «'ar, by which
the late king was brought to death, it was never
imputed unto him, because erery man knew he
had no hand in it ; and, though be did not deny
but he had the like part in me war oontinned
against his majesty now reignmg, he oonld not
be convicted without pro<^ot his appearing with
a regiment in South wark : but, as tn the pre-
sent case, here is neither king bronght to death
nor war levyed, nor any thing done in reUtioli
(Hther. Here is nothing but a meeting acted
——a conspiracv wherein it is not so mndi as
Kretended, that the matter which they are saidta
ave conspired, was ever mentioned ; and shew
war my accusers dream of, vr as to be made with-
out men, money,' arms, ammunitkm, officers,
soldiers, places, or any thing done tcvwards the
providing anj of them. Much might have been
t#e or mose lestii^ the same
irord or thing. The leason of this is not be-
cauae two or mare evil men may not be foand,
aa appears by the story of Suranna ; hot be- j
Gftuse it is hard fbr two or more so to agree upon '
aM circumscanops relating unto a lye, as not '.
tadiwirt one another: t^ whosoever admits '
of two testifying several things done or said at
several tknea or places, conducing, as is said of
late, unto the same eiK*s, destn»ys the reason
of that law, takes away all the defence that the
most innocent men can have for their lives, and
•pens a wide gate for perpiry, by taking away
all possibility of disoovering it. This would l>e
iar more miachievoos in England, where there
is no law of retaliation, than other eountries,
where a fiUse witness undergoes the same pn-
iiiskment as should have teen inflicted upon
the accused perMm, if his words had been found
true; but the law of England doth require two
witnesses imto the same thing, in tbestatnt.
Ed. 6^, wherebv compassing, by express word,
to depose the king is made penal by foi^ture
ef goods; eto. and the stat. 3 Eliz. 9, 8c 13 Car.
St, enaetingy that conspiring to levy war should
ha treason, necessarily required two witnesses
fM* the proof of it. The admission of two tes-
tifying things passing at several times and
places, is bnt a new inventkm. The lords were
Wought to swalluw it at the lord Staiihrd's
trial, ny the* peiiect concurrence of the testi-
monies of Torbervile and Duedale, in, the same
thing, vis. murdering the king, though the
as ;vas ip Franoe, the other in Staffordshire ;
hat if thJ^^-'which was then perhaps too far
atmined, be carried so much farther, as to ex-
taad to any thing that these gentlemen shall
fimcy may oonduoe unto the same end, there
ia no safety in the law, and no man can- be
tend innocent, unless he please, as was
said by one of ^ worst magistrates that ever
tras in Rome in4he worst time, '* scituros ne-
** mtnem se inrito renariri posse insontem."
8ig. de imp* ope. That though. Jthere were
iuoh a numner of witnesses as the hnrs^of God
and man require, and they of credit, no crime
ia fixed numi me that is or hath ev6r been de-
alarad to ne treason by the law. It is said in
fhm indiotmcnt, that I conspired' the death of
tfaeldng: butno man said, that any mention
waa ever made of it in my presence ; even the
kiB|^ knows I am not a man to have any such
deagn ; and I am no more capable of it than of
f«ti^ him, if he were death ^dead] I think I
tm^ say^ I did onceaare his lite, but I am sure
I aerer endeavoured to take it away. If the
nwetings mentioBed were to be taken for con-
apimdes against his migesty's life, something
nJMist have been there proposed and resolved
onnuiuing the ways, manner, time, place, or
persons, by whom it should be effected ; of
w)iioh not one word is pfetended, nor that he
was so much aanamed.
That conspiracies take their denomination
ftom the thing that the conspirators endeavour
t» oompass; and no men were ever said to
OHispire to do that n^hich waa never spoken of
Moongit them.
foundation of the council of six to have heea
in prosecution of the earl of Shaftesbury's da-
({''His; and their apprehensions, lliat a boar-
Uc... A. own to so many, could not continue
secret ; and pretended their end to have been,
to adjust, with mubhfineness<a business con-
sisting of many pieces ; wiiv 'ms it doth fnoC]
appear, tliat any of the six (except hioaself) knew
any thing of what that eari bad designed ; hot
certain it is, that none of them had in along time
had any communication with him. The duke of
Monmouth and himself thought him to he mad.
I could say much of the eari of Essex hb
thoughts of the same kind ; and, besides the
known dislikes which he had unto me, and I
unto him and his ways, I did not see his face in
almost a year belbre he went out of England,
and had no communication with him after-
wards. No man but the lord Howard had to tbia
day explained the vast designs that were then
knoH'D to so many, but they could not he con-
CMled ; and he had not ^Id the name of one of the
10,000 brisk boys, that were to do such wonders.
Ifhesaytrae, fiothingwaadoBete adfustwitk
9«9] STATE TRIALS, 35 Charles II. I683.— /cr High Treasw.
[930
socfa&ieiicssUke business of many pieces, be-
yond the most common discourses; and no
word fixed upon any - man except the duke of
JHonnMuth, who ym of opinion, that a rabble
could not resist a well methodized amy. A
flcholai', that knoweth not the difference between
method and discipline, might give such a term
onto the right soldiers of an army ; but he that
attributes it unio a soldier, shews, that the whole
is an invention of his own.
The management of this afiair by the coun-
cil, or cabal, was equal uhto the reasons of
forming it : ^ot one of those pieces were taken
into consideration : no care taken of provid-
ing men, arms, ammunition, or places ; no
mention vjaade of any correspondence in ci^ or
country, and money, which was the principal
point, was spoken of only jocosely, or by the
way of mirth.
This is a new way of carrying on the greatest
business in the world, and, if it were true, could
only shew,, that thesis were as mad as some of
them thought the earl of Shaftesbury ; but, if
the reputation that some of them have or had in
the world, be compared unto that of the lord
Howard, it will .be thought more probable that
he is a liar, than that they were fools.
The rest of the romance is suitable unto this.
He saith, thata correspondence was resolved
with the earl of Argile ; but doth not say how,
by whom, when or why. The matter relating
unto the other Scotchmen is not less crude:
such as best understoqd matters of Scotland
should besent for ; acanting letter written, and
sent by Aaron Smith ; but he neither tells cer-
tainly who ^itthe letter, or to whom it was di-
rected, what were the express words or contents
of it, nor whether it was 6ver delivered, or not :
and he waa^ so careless of this important affair,
as not to remember the names of men ; and he,
that ought to be satisfied they were fit for such
a work, was forced to learn the name of sir
Cambell, by description, which is impossible :
no man can know tne likeness of a picture, un-
less he knew the man for whom it was drawn ;
nor- by description him that he doth otherwise
know. The last part of that story agrees well
enough with the rest. Having embarked hkm*
self and his friends in this vast bu9iiulb«,<fmd
advanced it so far asyou have heard, hethou|pht
that all was well, and it did not deserve his far-
ther care : he')t«y^dle at the least ten weeks in
liondon, or at Knightsbridge, contenting him-
self oi^ly in asking roe, whether Aaron Smith
Vas gone ; and then thought himself more con-
cerned in visiting a manor of about-200/. a year
in Essex, than advancing the business of \var
and state that he had undertaken : after having
for a while loitered there, with the same indit-
ference and serenity of mind, he made another
Journey to the Batn : this is the parenthesis he
mentions, that lasted almost six months, some
may impute it to the sedate constancy of a phi-
losopher, others to the stupidity of a beast ;
but whosoever considers the nature of the
thing, and the temper of the person, can never
Mieve, that a wi»e or virtuous man could so
YOU IX.
shamefully neglect the most important interest
of liis friends or coinitry ; and such as Imow
how much bis lordsbip, through a inost tender
love unto himself, is concerned in the most tri-
vial affairs that relate unto his person or interest^
will as little think he could be so well at leisure
as not to look afler those that came so near
unto bis life and fortune, if any such had been
then in agitation. ** Oportet meodacem esse
memorem." If the proverb be true, that liars
ought to have good memories, his lordship, at
my trial, ought to have thought of what he had
said at the lord Russell's ; and, if the story had ,
been too long to be exactly related, he m^rfat
have had recourse unto that which is in prmt.
Sir H. Vane the elder, and others being exa-
mined at the earl of Strafford's trial, desired to
see their first examinations taken ih writing,
lest they might fail in any word ; and tba
prosecutors, as well as iudges, seeking nothing
out truth and justice, allowed it. If the sa^e
ends had been now sought he might have read
out of the book what he had said at his first
trial, and suffered to say no more : but the
drudgery of swearing was not over ; some other
jobs must be done, before he could have his
pardon ; that which he had said was not enough,
and notwithstanding his oath, that he knew no
more, he must swear more, whether he knew
it, or not. A fruitful fancy, s|)urred on by fear
and restrained neither by conscience nor shame,
fiimished matter abundantly ; and all was re-
ceived, though directly contrary to his former
deposition upon the same thing : he frames a
formal speech for Mr. Hamden, as an over^ .
ture of the sessions ; reduced the iocvUtkjf^tdi
course of money to a more serio considera-
tion of raising thirty or S5,000/. supposes the
lord Russell to have been the writer of the letter
sent by Aaron Smith ; makes another s|)eech
for Mr. Hamden, which he calls invidious, aa
tending to an intention of referring all lo the
wil| of the parliament ; but neither fineth upoa
any thing done, or to be done,.ncr rdates a word
satth by me, unless '^* were in private unto him-
self, concernhig A. Smith.
Such stitff would not (as I suppose) have
been received in any court of justice in Eu-
rope, nor in Westminster- hall, till it was fiu*-
nished with these judges ; but they resolving
to rieceive all that was against me, though evi-
dently false, would neither suflter me to say the
tenth part ofwhat I had to alledge in my de-
feui*e, nor to explain or prove that which I
))rop08ed. When the chief justice did cut me
off, I did as justly as I could, desire him to
{iroceed softly and fairly : that a wise heathen
lad said, no delay ought to be esteemed long,
'when the life of a man was in question ; and
that the Scripture put an evil character upon
those whose ibet were swift to shed blood ; but
all was in vain ; the points of law concermng
the different sorts of treasons could not be
heard ; no council allowed to argue them ; no
point of law saved, when I shewed, that here
was in my case neither conspiracy aeainst the
life of theking, nor war levied ; and mt if, by
30
$3! ] STATE TRIALS, Z5 Ch ARLBS 11. l683.— Tm/ of Algernon Sidney, [932
treason ; that the like was declared, stat
1 Ma. uid by the £d. 6, express words, and^
opeb preaching, to compass the deposing oV
the king, setting up another title, etc. thougli
proved expressly by two credible - witnesses^
were not made treason ; and coald have easily
inferred a fortiori, that a polemic discourse
left imperfect, never examined, never shewed
to any man, writ long since, relating iu ge-
neral unto such cases as those of Tarquib,
Calij^la,. Nero, Yitellius, Peter the Crud of
Castile, the degenerated races of Mereveos, or
Charles the Great, or the like, could have no
relation unto any statute of treason in England ^
but the chief justice would not sufier me tb
speak.
This explained a mystery which no man
could before understand : ihey, who saw I was
not brought to a trial with the lord Rossell,
believed, that, if the gaols did uot furnish
some other evidence aa;ainst me,* I should
be released without a tnal ; but when these,
and many other )>oints of law, were over-
ruled without hearing, it plainly appeared,
that my trial was deferred until an undersheriff
could be made, that would pack a jury with
Burton and Graham, and the bencSi could be
filled with such judges, as had no understand-
iug of the law, nor regard unto reason, jus-
tice, truth, or common sense ; for words,
though sworn by two credible witnesses, could
not 1^ brought within the 25 Ed. 8, ooly bj
any but such as these, according to the auAo-
ritv of Cook and Hales, and Pine's case, nor
taken for an overt-act of compaasmg the
king's death. But they could bring the most
confused improbable and contradictory rela-
tions of one man of no credit a proof of aeon-
spii-acy ; and as an overt act hath [hatch] up
his credit with papera as ill proved, and con-
taining matters unkuown unto him, and having
no coherence with what he said. Such as
they only could suffer a witness to guess a
long series of far-fetched incoherent suppo-
sitions, any man fancied mc to be guilty of
treason, it must be by constructions which
none but the parliament could make : to prove
tiiis T cited the Stat. 25 Ed. 3, and desired it
ini^'bt be read, with the proviso that no other
court shoiili) take cognizance thereof ; but I
nas overburue by the unreasonable violence
of the chief justice, and denied the reading of
the statute, the assistance of counsel to argue
the points of law, or tliat any of those pro-
posed by me should be saved unto me.
The tirst was, that, by the law, no man
could be tried upon an indictment laid in a
county, unless it were composed of freeholders,
ddly, The Court having declared, that I was
tried upon the stat. 21 Ed. 3, it ought to he
declared upon what branch of that statute.
3dly, That, though a conspiracy to levy war
were swore by one witness, and that a credible
one, I <^ught not to be thereupon indicted by
the stat. 1 Ed. 6, 12, the 5 Ed. 6, 11, and the
13 Car. 2. 4thly, That conspiracy to levy war
is not treason, by the stat. "21 £d. 3. 5thlj^,
That, by the same, conspiring to levy war, b
not an overt -act of compassing the king's
deatfi ; and, though overt- acts were pretend^,
they are not to 1& inquired into, without the
testimony of two credible witnesses by the
1 Ed. 6, 12, and 5 Ed. C, 11, and I ought not
to be obliged to confess such a conspiracy, if
jtbe not proved. 6thly, Without admitting
die fact, I ought to have counsel to ai^ue the
points of law arising upon the evidence ; inas-
much as ( may have cause to demur unto the
evidence, auci want their advice thereupon,
rthly. That, supposing the lord Howard to be
a credible witness, he is but one : no man can
be thereupon found guilty, as appears by
Whitebread's case; the papers cannot be taken
for another witness, similitude of hands is no
evidence, whosoever writ them ; they can^have
no concurrence with what is said, being un-
known to himi written many years since, as
Appears by the ink and paper, and no way
relating unto the matter in question, nor ap-
plied unto any particular time or case \what-
socver. 8thly, That, though tl^e meetings
mentioned by the lord Howard were supposed
to he to consult to lefywar, such assemblies
could not be taken for overt-acts of conspiring
the death' of the king, no word or overt-act
tending thereunto in giving in evidence ; no-
tliiug arising from suppositions, arguments,
presumptions, or constructions, can make a
man a traitor : the end of the stat. 25 Ed. 3,
was to take away ambiguities, and variety of'
> opinions, and the decisions of all such cases as
, ar« thereby referred to the parliament.
If these points were not allowed, counsel
might have oeen admitted to argue tliem, or
«a\ cd to be found specially, as was desired ;
hut all in vain.
1 well knew the disorder that had been
brought upon the nation in the time of Rd. 2,
when as it is said in the stat. 1 H. 4, no man
- kii«w what to speak, or what to do fo^* fear of
* '' Mr. Aaron Smith deposed, that he was
a prisoner in the Tower when lord Russell
and colonel Sidney were tried ; and was kept
close prisoner above 19 weeks at 5/. a week
charge, and two warders watched him, or lay
in the room. That one of his warders told him
that Mr. Ambrose Philips was come to speak
with him, and had an order from oiie of the
secretaries lo come as of^en as he would, and
bring whom he would with him ; but then he
was alone. When Mr. Philips came in, alter
some other discourse, he told him, it was in
his power to make himself what he would ;
for, said he, ' You know this rogue Sidney is a
traitor, and you may make yourself what y'>u
w^ill, if you will discover what you know of
his designs against the governlnent.' That be
replied, < He could not say any thing that could
touch a hair of colonel Sidney's head ;' and
that then Mr. Philips said, < If be might advise
the king, he would have all the damned Whig
rogues nanged, <SwC. Stc. &c.' " A Display m
Tyranny, pairt 2, p. 281.
933] STATE TRIALS, 35 Charles II. 1 683— /«• Higk TreatM. [95*
man into treason, or make the most extra?a- Such as they only coald fancy, that a few
scraps of old paper, refuting the doctKnet
ot one of the most wicked and tboMsh books that
cmtgaeniDgs ormpposition to pass for evi-
jMn4^
• '« The sbeiiffii wre, Peter DanieU esq.
id fiamoel Dadvwood, esq« who, together
with sir Henry Tolse, knt. mayor, were ap-
pointed by a commission under the great seiA.
The under sheriift were, Thomas Rowse, gent.
and Charies Hargrave, gent. There was all
this summer [1681] strange practising with
witnesses to find more matter against him [the
earl of Shaftesbory :] Wilkinson, a prisoner
fyr debt, that had been often wkh him was dealt
witb to- accuse him. The Court had found
out two solicitors to manage such matters.
Burton and Graham ; who were, indeed, fitter^
men to have served in a Court of Inquisition,
than in a Imil government." Burnet's Hist.
of his own 'Kmes.
*« Mr. Graham, the^ Solicitor of all the late
sham Plots u^on Protestants, and pay > master
of eomi|it jun^ and perjured witnesses, soli-
cited this prosecution [against the earl of
Shaftesbury J and hence took his first step to
HQch preferment as enabled him to give eight
or 19,000/. with a daughter.'' A Display of
Tyranny. Or Remarks upon the illegal and
arbitrary prooeedineps in the Courts of West-
minster and Guiid-nall ; from the year 1678,
to the abdicatron of the late king James : in
whkh time the role was * Quodprincipi placuit
* lex esto.' London, printed anno Angtiae sa-
l«itisprino,1689, part 1, p. 66, in duod.
** Then the jmy immediately gave in their
'vvrdict, that the (defendant [sir Sunuel Bar-
mrdiaton, bartl was guilty w the offence and
misdemeanor diarged in the indictment ; as
no doubt they resolved to do, 4>eibre they heard
one ward of the matter. The judgment upon
this veidici was, *« That the defendant should
pay 10,000/. fine, and be imprisoned till paid,
and to find sureties for his good behaviour for
life. Accordingly he was committed for the
6Be, to the Kmg's-bench, and continued a
Britooer four or five years, which satisfied not ;
DOt Graham and Burton, those instruments of
xapiae and oppression, broke in upon his estate,
auM besides tile waste and destruction made,
leiisd to their own use and the long's about
6,000/." The same, p. 914.
" Upon this occasion of health drinking, 1
cannot hinder myself from remembering the
ease of Mr. Ehas Best, a substantial citizen,
but 011& who bad been an ignoramus juryman,
a great reproach and an unpardonable crime
in tl^t day, as, sir, you very feeling^ly know.
He was indioted for the frolic of drmking to
the pious memory of honest Stephen College,
and condemiied to a fine of 1,000/. ; to stand
three times in the pillory ; and to give sure-
ties for his good behaviour for life. On this
jodj^ment, be was imprisoned three yeara ; to
the loss of a good trade, and to the ruin of
hit heakh and estate ; and when almost ready
to expoe, he was gradonsly pardoned, upon
payment of 900/. to the Empson and DmDey
of the kta reign, Graham and Burton." The
same, part 2, in the epistle dedicatory, to sir
Samuel Bamardiston, oart.
'* Mr. Normansel and Mr. Trotman, the
secondaries, deposed, that Graham and Burton
were theprosecutore of lord Kussell ; that sir
Dudly North had the books from Uiem, and
returned lord Russell's jury ; that juries had
usually been returned by the secondaries, and
taken out of two, three or four wards ; but
this jury was taken out of above ] 9 wards.
Mr. Trotman added, that Graham and Burton
were also the prosecutore of alderman Cornish
Sir Dudly North went on sayinjg;, that he
impannelled the juries -for the sessions n liea
the lord Russell was tried ; that he returned
the best jury he could, without observing any
ward ; and drew this out of several wards, bc^
cause they might be the more substantial men ;
» — that the juries before, were returned by
the secondaries, hut this being a very extra-
ordinary business, he thought it requisite to
take care of it himself." The same; part 3,
p. 285-6-7.
" After this he [John Hambden, esq,] was
brought to a trial for misdemeanor, and was
convicted on the lord Howard's evidence. He
pleaded Magna Cbarta, that a Salvo oontene-
mente ; but the Court fined him 40,000/. and
to imprisonment till th^ fine was paid, and se-
curity for his good behariour. The kioe made
his choice of putting him in prison, and he was
committed to the marahal's house in the King's
Bench, where he was ten months. He offered
several sums of money, and tbe^^ answered,
* They had rather have him rot in prison than
pay the fine.' After this, they put him in the
Common prison, where he was kept ten or
eleven months very dose. Then, they con-
trived a writ, called a long writ, to reach his
real and pers(»al estate, whilst he was thus a
prisoner. After this, be beard a new wit-
ness appeared, which vras after the defeat of
the duke of Monmouth. He was [then] sent
close prisoner to the Tower, by the lord Sun-
derland's warrant ; and put into such a room
where he had no convenien^, and with two
of the rudest warden in the Tower, to lie in
the room with him. After seven or eight
weeks, he was removed to Newgate, where he
was kept close ^eleven weeks. His friepds
offered money for his pardon to some in power,
who were the lord Jefi*eries and Mr. Petrc ;
the sum was 6,000/. and that was effectual.
It is not possible for a man to suffer more
than he did. By the hdp of the money on
condition he would plead guilty to his inatct-
ment, he was to come off. His friends advised
him to it, because it could hurt none ; there
being none living of t^ose called the council of
six, but the lord Howard. Whereupon,
pl«u!ing guilty, he was dischaiged ; pacing
three or 400/. to Burton and Graham ror the
charge of hia pardon." The same, part 9,
p. 301.
935] STATE TRIALS. 35 Charles II. iSsS^THtf/o/fTiffiVifiiL^rdlZvAfeff, [95d
ev«r was writteD in the world, tended to tbe
■ubTereion of our gOYemmenk} and that his^
approbation of tbe slauehter of Calig^ala, or the
insurrectiona aninat Nero, were overt acts of
conspiring' the death of the king now reigning
'< Monday, Jan. 20, 1689. Mr. Chrisly
' reported from the committee, to whom the
bill for annulling the attainder of sir Thomas
Armstrong was recommitted ; some amend-
ments to the bill ; as also who were his pro-
secutors ; and also what losses sir Thomas Arm-
strong's &mily had sustained by reason of the
attainder; and thereupon it was resolved,
" That sir Richard Holioway, (late recorder of
Oxford, ivhose part in the dispatching of Ste-
phen CoUedge advanced him to this station, as
this author elsewhere observes) sir Francis
Wilhens, the executors of the late lord Xeffries
and of the Islte iustice Walcot, Mr. Graham
and Mr. Bui .on do attend the House (of Com-
mons) on Saturday morning next, to answer to
such matters as are charged against them
touching sir Tliomas Armstrong. *' Then Mrs.
Matthews, sir Thomas Armstrong's daughter,
was called in, aud examined what she knew of
the prosecution against hrr father: and sir
Bobert Sawyer, then Attorney Cjeneral, being
named by her, as one of the prosecutors, after
she was withdrawn, he w&s heard in his place
to what was objected affainst him, and then he
withdrew, and upon debate of the matter it was
lesolved, <^ That sir Robert Sawyer's name be
put into tbe bill as one. of the prosecutors of
N sir Thomas Armstrong. Resolved, That
sir Robert Sawyer be expelled the House for
the same.^'
'< Saturday, Jan. 25, 1689. The House
being acquainted, that acconling to their order,
sir Francis Withens, sir Uichard Holloway,
Mr. Graham and Mr. Burton attended at the
door, they were severally called in and exa-
mined touching the prosecution and proceedings
against sir Thomas Armstrong. And also the
executors of the late lord Jetfrius, that were
attending at the door, were likewise called in,
and asked what they had to say why reparation
should not be made out of the lord Jeffries
.estate to the said sir Thomas Armstrong's fa-
mily. No persons appearing as executors to
the late justice Wa'.cot; the House was ac-
quainted, that he died intestate, and had not
left ail estate sutficiput to pay his debts. After
the persons before mentioned were heard and
withdrawn, Mr; Blaney was called in, who
gave the House an account of the proceedings
of the court of king's- bench, upon the award-
ing execution against sir Thomas Armstrong.
And then the House proceeded upon the
amendments made b^ the committee to the bill,
lor annulling the attainder of sir Thomas Arm-
strong: and after having inserted the name of
sir Robert Sawyer, as a prosecutor, and re-
solved, «* That the sum or 5,000/. should be
paid bv the judges and prosecutors to sir Tho-
mas Armstrong's lady and children, as a re-
compenoe of Uie losses they bad sustained by
in England. The thing was fit to be bwmglsi
only tefbre snch as sought to deserve the pse-
ferments unto which they were unwortlulj
advanced, by doing such jobs, as would hsve
been abhorred by any t^at had understood tfae
■*. -- - - — r-
m
reason of his attainder ; (the biU was reoooa-
mitted,) &c. &c." The same, part 1, p. 225.
'< The Commons (1680) did also assert the
right of the people to petition for a psrliaoMmt.
And because some in their counter petitaoos
had exprrased ^eir abhorrenoe of this practioe,
they Toted these abhorrers to be betrayers of
the liberties of the nation. They expeUed. one
Withens out of their house for signing one of
these, though he with great humility OMifessed
his <Bult, and begged pardon for iti The merit
of this soon raised bim to be a judge ; for in«
deed he had noother merit. They feU also on sir
George Jeffries, a furious declaimer at tlie bar:
but he was raised by that, as well as by thw
prosecution." Burnet's History of bis own
Times, vol. 1, p. 484.
" The addresses had now (1683) gone roimd
England. The grand juries made after that
high presentments against all that were esteem-
ed wbigs and non -conformists. 'Great paios
were taken to find out more witnesses. PSr-
dons and rewards were ofiered very freely. But
none came in ; which made it evident, that
nothing was so well laid, or brought so near
execiutiou as the witnesses had deposed : other-
wise people would have been crouding in lor
Cardous. All people were apprehensive of ▼ery
lack designs, when they saw Jefiries msiis
lord -chief-justice, who was scandalously vi-
cious, and was drunk every day ; besides a
drunkenness of fury in his temper, thatloofced
like enthusiasm. He did not consider tbe do*
cencies of his post : nor did he so mndi as
afiect to seem impartial as became a judge, but
run out upon all occasions into dedamatioiis,
that did not become tbe bar, much less the
bench. He was not learned in his profesaiaa ;
and his eloquence, though yiciously' copioos,
yet was neither correct nor agreeaUe. Pern-
berton was turned out of /the common plcM,
and Jones was put in his place : And Jeffries
had three judges joined with him in thelun^s^J
bench tit to sit by him." The same, part 1, p.
568.
'* When Jefiries came to the king at Wind-
sor soon after this trial (of sir Thomas Ann-
strong, 1684,) the kin^ (C. 2.) took a rine of
good value from his hnger, and gave it him
for these services. The ring u])on that was
called his blood stone. The king gave him one
advice, wbich was somewhat extraordinary
from a king to a judge ; but it was not tbe less
necessary to him : The king said, it was a hot
summer, and he was going the circnit, ho
therefore desired be would notdrink too moch.^'
The same, p. .^80.
<< Kirk, who hjKl commanded long m Tan-
ier, was become so savage by the neigfabour^
ood of the Moors there, that aftsr tbe battle
(Of Sedij^more, fought July 6, 1685,) heorder*
t
937]
STATE TRIALS, 35 Chirlbs 11. l6fi3.-/0r High Trta^n.
Vi^t
principles or ends of ffOTernineiitt ; exutiined
the hisloiy of the woira, or seen that if it were
in no case laivfol for popple to riw i^iost
a prince^ there is not a prmce in the world, that
can hare a bwful title to the crown he hears ;
the most part of our kings since William the
Korman, were usurpers ; or, which is worse,
usurpation confers a just title.
These only having* admitted no indictment,
grounded wholly upon suppositions, innuen-
does and iotentionals, could hearken unto the
lord Howard; who conjectures what I and
I
■ I — — ■•— ■- ■ - ■■__ , '.rai II I ^MJi
ed sereral of the prisoners to be hanged at
Taunton, without so much as the form of law,
he and his company looking on from an enter-
tainment they were at. At erery new health
another prisoner was hanged up. And they
were so bmta), that observing' the shaking of
the legs of those whom they hanged, it was
■aid among them, they were dancing*; and
iipon that music was called for. This was so
illegal, and so inhuman, that it might lia?e
been expected that some notice would ha?e
been taken <^^ it. But Kirk was only chid
for it : and it is said, that he had a (larticular
. order for some military executions, so Uiat
he couM only be chid for the maner of it.
Bat, as if this had been nothing, Jeffries was
«ent the western cirouit to try the prisoners,
He was perpetually either drunk, or m a rage,
liker a fury t han the zeal of a judge. He re-
quired the prisoners to plead guihv, and in that
eaae he gave them some nope of favour, if they
gave him no trouble ; otherwise he told them
e would execute the letter of the law upon
them in its utmost severity. This made many
nlead guilty, who had a great defence in law.
0Ot he shewed no mercy. He onlered a great
niao3rlo be hanged up immediately, without
allowing them a minute's time to say their
prayers. He hanged, in several places, about
€00 perMns. The greatest part of these were
of the meanest sort, and of no distinction. The
impieties with which he treated them, and his
bebaviour towai^is some of the nobility and
gentry that were well affected, but came and
pleaded in favour of some prisoners, would
have amazed one if done hy a bashaw in
Turkey. £n|^nd had never known any
thing hke it The instances are too many to
be reckoned up» Bnt that which brought
•11 his excesses to be imputed to the king him-
self, and to the orders given by (lim, was, that
the king had a particular account of all his pro-
ceedings writ to him every day ; and be took
pleaanre to relate them in the drawing room to
tbrei(jfn ministers and at his table, calling it
Jeffnes's campaign : speaking of all he had
done in a stile, that neither bc^mo the majes-
ty nor the mercifulness of a great prince, &c.
«c. 6ce." The same, p. 648.
^ As soon as it was imown at London, that
the king (James 8.) was gone, the apprentices
aiid the rabble, who had keen a little quieted
when they saw a treaty on foot between the
Icing and the prince, (or Orange,) now broke
others meant, who writ the letter into Scotland
to whom it was directed, what were the con-
tents and effects of it, though he would not
speak preciMely to any of those points.
These only could think him a credible wit-
ness,.when they had heard him swear birosdf '
peijured, and the contents of his deposition
were, by his own assertions, as in the presence
of God, proved to be fidse by nine irreproachable
witnesses. '
These only, could suffer a jury to suppose
that an evidence can be grounded upon an opi"
out again upon all suspected houses, wheiv
they Relieved there M'ere either priests or pa-
pists. They made great havock of many
plaoes, net sparing ue houses of ambassa*
dors. But none were kiUed, no booses bnmt,
nor were any robberies committed. Never was
so much fiir^ seen under so much manage-
ment. Jefihes, finding the king was gone,
saw what reason he had to look to himself: '
and, apprehending that he was now exposed to
the rage of the people, whom he had provoked
with so particular a brutality, he had disguised
himself to make his escape. Bnt he fell into
the hands of some who knew him. He was
insulted by them with as much scorn and rude-
ness as they could invent: and, alter many
honrs tossing him about, he was carried to the
lord-mayor, (sir John Chapman, knt.) whom
they charged to commit hun to the Tower,
which the lord Lucas had thai seized, and in
it had declared for the prince. Tlie lord-
mayor was so stmck with the terror of this
rude populace, and with the disgrace of a man
who had made all people tremble before him,
that he fell into fits upon it, of which he died
soon al^er." The same, p. 79T. *
** During these irruptions of the mob, chan-
cellor Jeffries, disguised in a seaman's h^bit,
in order to escape in a vessel freighted for
Hamburgh, was aiscovered by a clerk in chan- '
eery, that accidentally passed by, as he waa
leoaing out of the window*of the house where
be had concealed himself. He was imme-
diately seized by the mob, and, after many
indignities put upon him, carried before the
lord-mayor, who declined meddling with him.
But the chancellor seeinjgr himself in the hands
of an enraged mob, which threatened to tear
him in pieces, desired that he might be sent to
the Tower, which at last was granted him, not
as a favour, but in hopes of seeing him shortly
conducted from thence to the gallows. Itn
pretended, he offered to d»cover many secretly
and for that reason, was kept some time in
prison, till the aflairs of government should be
settled. But he died in that interval, by the
blows he had received, acceding to some ;
drinking spuituous liquors, accordii^ to others ;
and, as some pretend, of the stone. Never
man had better deserved a public punishment,
as an atonement for all the miscnie6 done to
his country, and for all the blood spih by hia
means.'* Kapin's Hist, of England,
S39] STATE TBJAIA 35 Ch ABt ES U. iGSS.-^Trial of Alf&rwm Sidney, [9^0
9ion of a siiiiilituds ia writing, when they know
it is none ; that a book was written with an
intention to stir up tiie people, when they
hardly saw the fiftieth part of it, and would
not suffiBT the tenth of tnat to be read ; that
papers, written perhaps twenty or thirty years
a^ were intended in prosecution of designs
laid within ten months.
These only could leceiTe an indictmeat, in
whioh thekuig's title of defender of the faith
was omitted; refuse a copy, when it was de-
manded, and thest. 46 Ed. 3, produced, where-
Yrf it is enacted, that it sh<mld, in all cases, be
allowed unto e?ery man, lest the iivqiarable
errors of it should be discovered. These only
• eoald g^ve credit unto a ffcand jury, who upon
Iheir oaths, presented a hul, wherem I am said to
have traiterously, on the 30th of June, and
many other days, both befi>re and after, con*
spired with many other false trailoxs, to them
unknown ; whereas I was then, and have been
ever since, a close prisoner in the Tower, and
it is morally impossible for any man to know I
did coD^Mre, unless they did know with
whom.
They only oould pach [patch] up an evidence
consisting o^Ttwo parts, as the lord Howard's
deposition, and the papers upon the similitude
ef a hand, when they knew both of them to
be voidin law ; and tack them together, when
it was apparent, they neither haid nor couU
have any relation unto each other.
It was a work for them only impudratly and
without hearing, to over-rule many most im-
portant points of law ; by their word to deprive
the whole Eoglisli nation of their right of be-
ing tried by freeholders, which is a general and
ancient, as any part of our laws ; to make dis-
courses at a private meeting, imperfectly, va-
riously and to their own knowlecure falsely re-
ported, by a man of a most profligate life and
ropntation, to pass for a conspiracy ; to oblige
a prisoner fidsely to adknawledge he had con>
pired to levy war or oontraiy to the judg-
ment of many parliaments, to make a conspiracy
tolerywacto pass for treason; bythe2.!»ib
of Ed. 3, to make- such a conspiracy, whidi
could not be treason in itself (though it had
been true^ to be treason^ as imagining the death
of the king, though the hiws, ana the most
xeverenaed expositors of them, dedaie Uiat it is
not so.
They only could take upon tibem by various
improbable^ absurd and false constructions, to
make acts no-ways coni^rchended vrithhi the
word! or meaning of the staL 25 Ed. 3, to pass
ibr treason, when they knew themselves, by
the same, to he forbidden to make any con-
struction at all ; and neither to suffer the sta-
tute to he read, counsel h^ifd, nor the points
of law to be saved unto me.
None but such as they would have suffered
Bb-. Sofi£itor,hy along painted speech, to have
misrepeated the evidenee on both sides to mis-
lead the jury ; to have represented the lord
Howard's freuieiit attestations of God that he
know of no plot, believed that was none, and
took fhat which was spoken of, to be an inren-
f ion of llie priests, only as vriOlngness to con-
fess it, and nis many peijaries, as a mark of the
truth of what he iiad sworn : and by such
constructions as were absurd impossime and
false, to drive them headlong into a verdict
upon no evidence, in matter of which they
were utterly incapable of iudgiog, if the law
had referred unto them, and who were so com«
pacted and composed, as not to be capable
of judging a^y matter relating unto the mean-
est thief.
If any others than this had been upon die
bench, I might have been heard, when I of-
fered to answer unto these fallades, and have
unravelled all his frauds ; though sucb a work
could hardly be expected from a man of ray
education, and in an age, that had much abated
his vigour and memory If this Was denied the
points of law might have been left to be found
spedally ; but I was in all things overborne by
the iury of the chief justice. He did proba-
bly fear he should not be taken for Ce&Br*s
fnend, if he did let thbman go. He was to
deserve Ids otherwise undeserved preferment.
To this end, he made a speech of aoout a hour
and a quarter, so confused, that I can give no
other account of it than that, as he had been
long observed to excel in the laudable faculty
of misleading juries, he did exercise iivrith
more confidence upon the bench, than ever he
had done at the bar ; declared treasons that had
been hitherto unknown, and that the juvy was
obliged to take tliat to be law, which Ke judged
to Mso; misrepresented the evidence more
than the solicitor had done ; and as a rale
which they were to follow, asserted, that if
one man swore, that such a one said, he would
with his knife kill the king, and another, that
he had of him bought that knife, it waa safi-
dent evidence to convict any man.
It may as easily be g^uessed, what verdict I
expected from an ignorant, sordid and packed
jury*, upon such a direction, as what security
* ;' Mr. Ridiard Wynne declared. That
he was Solictior to colonel Sidney ; that the
Colonel excepted against several of the ioqf,
to some as not being freeholders, and otners,
as bein^ in the king's service, and reosiviqg
wsges from his nuuesty. That presently afier
th e trial, the lordouefjustice sent him prisoner
to the Kittg's-bench, for sayinff the jury woe a
loggerhead jury ; and that they had not evi-
dence sufficient to find such- a verdict ; or
found a verdict contrary to evidepce.->Mr.
Wynne said this to Angier, the foreman <^ that
murdering jury, and to Glisby, another of the
three carpentera, which were upan that
jury, and to another of their brethren near
the king's bench court; whereupon tiiev
went to lay hold on Mr. Wynne ; at which
instant Mr. Forth the long's joiner coiaiag«
interposed;' upon which Anper said, Mr.
Fortn, will you assist this man ? He saySi
colond Sidney's jury was a loggerlMidjaiy:
to whioh Mr. Forth answered, I hav<anothiB(
941] STAT£ TRIALS, 35Charls6 1L . l6%S.^far Bigk Treofn. [942
nnj mtm \n En^tland can hnre for Iiifl life and
estate, when such stuff can' be made to pass ibr
law : bat I was still overborne, and could- not
te beard, when I endeavoured to bring the
Ghi«*f justice to reflect upon his own extra-
mgandes.
Before the trial, I was credibly informed,
Aat his lordship had so far hitmbled himself,
as to advise with the Idilg's connsel of the ways
tMT compassing my death: and, that a paner,
centaimng theresuh of that consohation, had
been seenupoh Nr. Attorney's table. Since
that time 1 have been told by persons of mi-
Uemished reputation, that, not satisfied wtdi
the directions given in public, he had been
ikither pleased, when he retired mion pretence
of takii^ a glass of sack, to follow the jury
and give them more particular instructions.
^ Upon the first part, I was advised to conjure
his iordship, in the presence of God, to declare,
whether he had riot consulted as aforesaid ;
but the testimony his loi^ship gave upon my
trial of the tenderness of his conscience, xuid
how far he valued the religion of his own, and
the king's oatA, persuaded me to be silent.
Wh«i the jnry brought in their verdict, I
desired to eantmine them * seriatim,' whefther
•very one of* them had found me guilty befbte
h was tUcMedi ^^^ prepared to tJk ^em
pairticfibrly, whether ihey nad fbund me guilty
tif compassing fhe king's death? Sd^, Of
levying war against the king ? Sdly, It they
Ihotid me guilty of any treason, witliin the
statute 25 of Ed. 8. P " 4tli1y, If they found
any treason proved against me by two wit-
nesses? And this I did, that I might not be
deprived of the benefit of giving my excep-
tioBs ; as 1 have heard the lord Russell had
lost it, by not having moved it before die ver-
dict was recorded, but the chief justice would
oot hear me.
The irregularity of these proceedings (that I
may not use a harder word) obliged me, on the
95ui of November, to present a petition unto
his inaiesty, shewing,
" Tnat ^our petitioner, after a long and
elose imprisonment, was on the 17th of this
month, brought with a guard of soldiers into
the palace-yard, upon a habeas corpus, <H-
rected to the lieutenant of the Tower, before
any indictment had been found against him ;
that whilst he was there detained, a bill was
eshibited and found; whereupon he was im-
mediately earned to the King's- bench, and
there arraigned ; in this surprise, he desired a
copy of the indictment, leave to make his ex-
cepuobs, or to put in a special plea, ready en-
to do with the jury, hut OKsby knows, that I
' know he is a loggerhead. Of this, they com-
plainedlo JeflTeries, who committed Mr. Wynn
and Mr. Forth to the king's bench. It cost
Mr. Forth about fifty pounds, whereof Burton
bad twenty-four ; and he being a Protestant
joiner, scaped w^ out of their hands, as times
4hen went ; especially with that trade'." A
IliipUy of Tyranny^ etc. ptfrt 9, p. 306.
grossed, which was also rejected without read^
ing; and beinff threatened, that if he did not
immediately plead guiky, or not guiltp, a
judgment of high treason should be entered,
he was forced, contrary to tow, as he supposed,
to come to a general issue, in pleadmg net
guilty.
" Norember ii, he was brought to his trial,
and the indictment being peiplflud and eon-
fhsed, 80 as neither he, nor any one of hia
friends that heard it, could fhlly comprehend
the scope of it, he was utterly unprovided cf
an die help that the law allow^ unto every
man fbr his defence; whereupon he did agam '
desure a copy, and produced an authentic oopy
of the statute 46 Kd. S, whereby it is enacted
that every man shall have a cojpj of any re-
cord that toucheth him in ainr manner, as well
that which is agi^iist the king as any o^er
person ; hut could neither obtain a copy df
his indictment, nor that statute should be read.
** The iury by which he was to be tried, was
not, as ne is informed, summoned^ by the
bailifis of the several hundreds in the usual and
legal manner, but names were agreed upon by
'Graham, Burton, and the ini£r-shenff, and
direetimi given to the baififf to suimnon them;
and being also chosen, the; copy of Uie pannel
was of no use uuto him.
** When th^ came to be called, he excepted
affainst some for being yotur majesty's servants,
which he did hope raouU not have been re« .
turned, when he was prosecuted by jmnr ma-
jesty, with many others for not bemg free-
hbldew, which exceptions he thinks are good in
law: others were lewd and infiunons persons,
not be fit to be of any juiy, but was over-ruled
by lord chief jui^ice; and your petitioner,
forced to challenge them peremptorily, whom '
he found to be picked, as roost suitable mito
their intentions, \>iio sought his ruin, whereby
he lost the benefit allowed by the law, of mak-
ing his exception, aud was forced to admit of
mechanic persons, utterly unable to judee of
such mattei-s as were to be brought beforetnem. .
" The jury being sworn, no witness was pro-
duced, who fixed anytlung beyond hearsaj
upon your petitioner, except the lord Howard ;
and some that swore the papers said to he
found in his bouse and ofiered as a second
witness, were written in a. hand by your pe-
titioner. Your petitioner produced 10 vrit-
nesses, the most of them men of eminent
quality, the others of unblemished fame, to shew
the lord Howard's testimony was inconsistent
with what he had, as in the presence of God,
afiirmed unto many of them, as he swore in
the trial of lord Russell, under the same re-
ligious obligation of an' oath, as if it had been
legally administered. Your petitioner did en-
deavour farther to shew the incongnuty of his
testimony, he being guihy of many crimes,
which he did not pretendhad any knowledge of ^
and having no other hope of pardon, than by
the drudgery of swearmg against him, de-
served not to be believed ; and that simifitoda
of hands could not be evidence, as was d«<dir6d
943] STATE TRIALS, 35 Cuasles IL l6SS.^TrialofAlg€rfum ^dney, [914
by the feid diief justice ReeUng, and the
whole ooart ia the lady Car's cause, so as no
evidence at all remained against him : that
whosoever writ those l>apers, they were bat a
small part of a pol(emic discou^rse, in answer
to a book written above 30 years ago, upon a
general proposition, applied to no time^ or any
particular case; that it was impossible to
judge of any part of it, unless the whole did
appear, which (Ud not ; that the sense of Such
as were produced, could not be comprehended,
unless the wh(de were read, which was denied ;
that the ink and paper shewed tibem to be
written many years ago ; and the lord
Howard knowing nothing of them, they could
have no concurrence widi what i^our petitioner
was said to have designed with him and others.
'* That tbe confusion and errors in writing it,
shewed that they had never so much as been
reviewed, and written in a hand that no man
could read; were 'neither fit for the press,
nor could be in some years, though the writer
of them did intend it, which did not appear ;
that being only the present study and [>rivate
thoughts of a man, for the exercise of his own
understanding in his study, never shewed
unto any, nor applied unto a particu-
lar case, could not fall under the statute
95 Ed. 3, which takes ooniizance of no such
matters, being reserved thereby to Uie parlia-
ment, as declared in theprov»o, which ne did
desire might be read, but was refiised.
** Eight or nine important points of law did
hereupon emerge, upon which your petitioner,
knowmg his own weakness, did desire his
ooonsd miffht be heurd, or reserved to be
found specifdly, but was over-ruled by the vio-
lence or the lord chief justice ; and your peti-
tioner 80 frequently interrupted, the whole
m^hod of his defence was broken, and he not
suffered to say the tenth part of what he oould
have alledged in his defence, and tlie jury
carried mto a verdict that the^ did not know
Oor understand.
'* For as much as no man that is 0]>pressed in
England can have any relief unless it be from
your majesty, your petitioner humbly prays,
tbe premises considered, yoiur majesty will be
pleased to admit him into your presence ; and
if he does not shew, that it is fot your majesty's
honour and interest to preserve him from the
said oppression, he will not complain, though
he be left to be destroyed."
But he was pleased to refer.me to the same
judges of whom I complained.
mvember 36, 1 was again brought to the
bar, and asked by tbe chief justice, what reason
I could ailedge why judgment of death should
not be pronounced against me ? My first an-
swer was, that I had had no tria],the jury !not hav-
ing been composed of freeholders, as the law re-
quired. The chief justice said the question
had been decided at the lord Russell's trial. I
xeplied, the question had then been concerning
a corporation, this was upon an indictment laid
in a county. He said, that was nothing, the
d^fiision had be^ general. I desired to luiow,
whether any precedent could be alledged, of at
£ngKshmau trif^i by others than by treeboMen ;
and that if this rule were broken, any asn
might be tried by bis own grooms, or a jury
made up of pbrters, carmen, or scavengen,
thereupon desued counsel to argue it, wbidi
was denied.
I then desired the indictment might be agm
read, which was granted, but was not aof-
fered to peruse iti this I did also d^ure, vpoa
an information, that the bill bad beoi meniled
since it came into the court : and thai bya
statute of Henry the sixth, every indictoieat
was made void, wherein any word or ayllaUe
had been added or changed; but not being
suffered to see it, I could not tell what additiMM
or alterations had been made.
I then pleaded, that by the stat 13 Car. 2.
i| was treason to deprive the king of any of bii
^tles ; and that Defensor Fidei not being in tbe
mdictment it was void, and desired counsel to
arffue it; but though the chief justice seemed
^ oesuipiised at the objection^ ne overmJed it,
and would not hear couijael.
I then moved for a new trial, by reason of the
many miscarriages that had been in this,
which he was pleased to call a trial, 4lioiigh I
took it to be none. I then pleaded, thai trials
being instituted fi)r the executioii of jostioe,
through the discovery of truth, that ought to be
taken for none, wherein abuses had been com-
mitted to the overthrow of justice ; and dnl
if I roi^t be patiently heard, I thought I oodkd
make it appear to have been so in this my case :
and went about to shew reasons for what I said.
Amongst others I shewed, that on the 7tb of
Noveimier, I had been brought to Westminster,
by an habeas corpus granted the day beftiv,
when as yet no bill was exhibited a^;nui8t me,
and my prosecutors oould not know it would he
found, unless they had unduly corresponded
with the grand jury, ^dly, that a copy of the
indictment, the benefit ii^ making uxy es-
ceptLons against it, or putting in a special plea,
which the law doth allow, and the help of
counsel to frame them, or either of tbem, nad
been denied unto me. 3rdly, The special pka
which I presfflitcd, ready engrossed, to prevent
the miscniefii that would follow upon my go-
noral answer unto a lung, ooniiised, impeiiect,
unintelligible indictment, had been reeded,
and ther^y forced tocome to a general issno b
pleading not guilty. Hereupon justice With-
los, being (as seemed to me) very drank, told
me, it was false ; and tbe chief justice saiid, he
had not rejected my plea, but told me the danger
of putting it in, because the king's ooonael
would demur unto it, and I could not be suf-
fered to plead hoeaflier. Hereupon I r^ied,
that having lived above three$cor«j years, * I
had never received or deserved such Ungnage,
for that I had never asserted any thing that was
* Dalrymple, with a marvellous, though in
him very common, ostentation of error, says
(Memoirs, Part 1, Book 1, p. 34) that Sir
was at this time fif^ nine years of age«
S
9U} nAT^TBUdJkS5CMABtWi1tx6tS.^firBigkJh0$m. ; [9^
Umi kit M to Am putaciiltr, all that were
fMent woiA witneai my aaid plea had been
tiqpected : and the oooditioii afterwards impoaed,
thai I ahoQld not be admitted to put in any
othor plea if that came to be o?erniIedy was not
acooroiiig nnto^law ; but I being ignorant of
hy and defied the help of a coonsel, had been
ftroed to submit, which I should not have done,
if I had been then as weQ informed as I am
now, that I find myself circumvented bv the
tend of those, who by their oaths ought to
Jia^e preserved me. 4tnly , That being brought
unto a trial. No?. SI, I bad again desired a
copy of the indictment, aBcced precedents, pro-
duced an authentic copy of the stat 46 £d. 3.
enacting, that all men, in all cases, as well
against Uie king as others, should have copies
«f any reoorda m which they were concerned ;
but could neither obtain it, nor that the statute
diould be read. 5tbly, I am probably inform-
ed, and if time be allowed, doubt not but I shall
nrofe it, that the bailiflb of the hundreds of
ICddlesez, had not the liberty of summoning
the freeholders according unto law^ but sucn
only (whether freeholders or not) whose names
were agreed l^ Graham and Burton, with the
under-sheriff; of whom many were not sum-
moned, when the copy of the pannell was sent
unto me, and some or them not at all. 6thly,
Many of the king's servants now in pay, from
whom impartial justice could not be expected
whilst 1 was prosecuted at the king's suit, were
returned upon the pannell, and many who were
not fiieeholders, and some lewd and infiuoous
pcnms, who deserve not to be of any jury ; all
my lawful exceptions rgected; tne. counsel
inrayed to argne tne points of law arising upon
the evidence refused : whereby I had not only
hoen obliged to admit of those whom I knew to
be chosen to destroy me, and forced to answer
belbra a jury composed of mechanic persons,
otteriy incapable of indging such matters as
came bdbre them, but depiired of all lawfhl
I had many other things to offer, oonceining
the nncertamty and invalidity of the lora
Howard's testimony. The utter imposiifaility
of bringing papers written many years ago.
Into a concurrence with a new plot, of which
^plotters knew nothmg. I desired that the
jdnke of Bfionmonth, who now appeared, might
be asked, whether he ever heard of them, as he
most have done, if they had been designed to
■Ifar up the people, in oroer unto counsels taken
wkh him. The weakness of an evidence taken
fiem a shnilitude of hands ; the nnreasonable-
ucsa of judging of a few sheets of a treatise,
without seemg the whole ; the impossibility of
brinfing the matters laid unto my charge,
withm the stat of 25 Ed. 3, though they had
been proved; the injustice of breaking the
method set for my defence ; the fraud of the
eolicitor's representations ; the irregularity and
misrakfs of nis lordship's direction.; the direct
incapacity laid upon ml court to judge of con-
fltmctive treasons ; the manifold errors in con-
fltrauig this to be treason, there being nothing
YOt. ix«
to lead them unts it, but aeven or e%ht Junpe-
sitions, of which every one was fUse; ano re-
solutioKi taken not to hear any point of law
argued, lest they should be thereby led unt»
truth : but nothing could be heard.
' I had also reason to move for an arrest of
iudgment, that though I had granted what had
been said by lord Howard to be true; consulting
to levy war can amount only unto words, and
words onl yare not to be treason, according to
Cook andfilales, and Pine's case 4 Car. pr. 1.
Consulting to levy war is no overt act of
compassing the. kinff's death, as is said eac-
pressly by Cook. and Hales; assembling to
consult, can amount unto no more than to con-
sult, and, l^gall;^ ainsidered, can be no more
than consulting, it being impoesible in law or
nature to consult without assembling, that is,
coming together, so as assembling to consult ie
no more than bare consulting, that is, baie
words. ,
Tliat consulting, and sending into Scotland^
if it had been true, were no more than to con-
sult with those that were, to come ; that all thie
lieing testified only by the lord Howard, had
been inyalid, though their credit had been
good; as appears by Blake his law^ and the
popish lords now in the Tower, who are thought
to nold their lives only upon the weakness of
one witness, though there were many cour
current drcumstanoi^. Whitebread's trial vae
£ut off for the same reasons : and heside Aal
ath been aJraadv said of the pspen^ I^*^
to have added tne ahsurdity or ptetendiegp
that sndi as had been written many years agn^
not perfected, nor to be pekfeoted, in a l^ag
time, porhapa never, and never shewn to any
man firing, diould be intended to stir up the
pei^ ; whereupon a new triid, an arrest oiT
judgment, shoulu be given ; but I could not be
hem: and though I did attest God and maiv
that 1 had not been suflfidentiy heard, the chief
justice with his usual precipitation pronounced
judgment of death against me as a traitor.
Sme that were present, affirm, that he ae*
knoiriedged the kte pretended plot did not af«
feet me: but I confess I dkl not observe that^
and think myself sbligef unto him in nothing,
but diat he seemed to lay very much weight
upon the oM cpuse, and my enffaraneot in a^
vnth which 1 am so well satisEed aa content-
edlyto dye for it.
When I heard the judgment, to the best of
my remembrance I said Uiese words:
'* Why then. Oh Lord, sanctify, 1 beseedi
thee, these my suftrinn unto me; sanc-
tify me Uirough my suSeringB, sanctify me
through ihj truth ; thy word is truth; impute
not my blood unto this nation ; impute it not
unto the great city through which I shall be
led to the place of death ; let not my soul cr^
though it lay under the altar; makenoinquH
sition for it ; or, if innocent blood must be ex-
mated, let thy vengeance fall only upon the
bead of those, who Imowingly and mahdouslj
persecute me for righteousnese sake.*'
The chief j ustice then speaking, ai if I^ha4
3P
947] STATE TRIALS, S5 Chablbs It. l68S.— TKoi ofAIgaim SUn^, [948
been a dittempered mao, I held out my Urm,
and desired any that were present to ieel my
polfle, and whether any man could be more
free from- emotion; and I do profen, that so
far as I do know and did then feel myself, 1
wasneTerinamore quiet temper; glory and
thanks be nnto God for erer, who had fiUled me
me with comforts, and so upholds me, that ba?-
mgc, as I hope, through OnristTanqutshed sin,
he doth preserve me from the fears of death.
The chief justice haying* performed this ex-
ploit, is jsaid to have bragged unto the king,
that no man in his place had ever render^
unto any king of Enjfiand such services as he
had done, in making it to pass for law, that any
tnan mis^t be now tried by a jury not consist-
ing of freeholders ; and dbal one witness, with
any concurrent circumstance (as that of the
buying the knife), was sufficient to convict him.
In this he seems to have spoken very modestly ;
for he mi<rbt truly have said, that he had over-
rnled eight or ten very important points of law,
and decided them vnthout hearing; whereby
the law itself was made a snare, which no man
could avoid, nor have any security for his lifo
or fortune, if one vile wreteh could be found to
awear against him such circumstances as he re-
quired. Nevertheless we aU know, that the like
had been done in former times. In the days
of Kichard 3, the nation' was brought into
auch a condition, through the perversion of the
law, that no man knew what to say or do for
fear of treason, as is expressed in the stat. 1
Hen. 4, and Were thereby driven upon the most
violent remedies. God only knows what will be
the issue of the like practice in these our days.
Perhaps he will in his mercy speedily visit his
afflicted people. I die in the faith that he will
do it, tliough I know not the time or ways;
and am so much the more confident he will do
it, that his cause, and his people is more con*
cerned now than it was in former time. The
lust of one nian and his favourites was then
only to be set up in the exercise of arbilrary
power over persons and states; but now, the
tyranny over coiiscienees Ib principally af-
fected *, and the civil powers are stretched unto
•— . 1
• " There has now for divers years, a design
been carried on, to change the mwful govern-
ment of England into an absolute tyranny, and
to convert the establiahed protestant religion
into downright popery: .than both which, no-
thing can be more destructive or contrary to
the interest arid happiness, to the constitution
and being of the king and kingdom.— For if,
first, we consider the state, the kings of Engr
land rule not upon the same terms with those
of pur neighbour nations, who, having by force
or by address usurped that due share v^hich
their people had in the government, are now
for some ages in possession of an arbitrary
j>ower (which yet no prescription can make
legal) and exercise it over their persons and es-
tates in a most tjfrannical manner. But here
the subjects retain their proportion in the legis-
lature.; the yfcry meanest commoner of Eng-
this exorbitant' h^^t for the establishment oT
popery. I b^eve that the people of God ia
England have, in these late years, ffeneralfy
grown fiiint. Some, through fear, hate d^
land is represented in parliament, and b a party
to those laws by which the prince is sworn la
govern himself and his people. No money is
to be levied but by the common consent. No
man is for life, lunb, goods, or liberty at the
sovereign's discretion: mit we have the suns
right (modestly mMlerstood) in our pit^priety
that the prince hath in his regality ; and in aN
cases where the kin^ is concerned, we have our
just remedy as against any private persoh of
the neighbourhood, in the courts of Westnun-
ster-hail or in the high court of parliament
Hn very prerc^tive is no more than what the
law has determined. His broad seal, which is
the legitimate stamp of his pleasure, yet is no
longerpurrent,than upon the trial it is found to be
l^^l. He cannot conunitany person by his par-
ticular warrant. He cannot himself be witness m
any cause: the balanceof public justicebeingso
delicate, not the hand only but even the bratb
of the prince would turn the scale. Nolihine is
left to the king's will, but all is subjected to liis
authority: by which means it follows that ha
can do no wrong, nor can he receive wrong;
and a kmg of England, keeping to these mea-
sures, may without arn^nce be said to remaia
the only mtdligent ruler over a rational people.
In recompence therefore, and acknowleogment
of so good a government under his infiuenccL
his person is most sacred and inviolable ; and
whatsoever excesses are committed against so
high a trust, nothing of them is imputed to hiiiiy
as oeing firee from uie necessity or temptation,
but his ministers only are accounteble for all,
and must answer it at their perils. He hatha
vast revenue constantly arising from the hearth
of the housholder, the sweat of the labourer,
the rent of the farmer, the industry of tha
merchant, and conse^piently out of the es^
tate of the gentleman': a large corapetenos
to defray the ordinary expence of the crown,
and maintain its lustre. And if any extra-
ordinary occasion happen, or be but with any
probable decency pretended, the whole land at
whatsoever season of the year does yield hiia
a plentiful harvest. So forward are his people'^
abroad) would think they c
nor chuse, but that the asking a sujlply, werip
a mere formality, it is so readily graiited. Ha
is the fountab of all honours, and has more-
over the distribution of so inany profitable
offices of thehoushold, of therevenue, of state,
of law, of religion, of the navy (and, since his
present nuyesty 's time of the UnnV ) that it seems
as if the nation xx>uld scarce furnish honest
men enough to supply all those employments.
So that the kings of^ England are m nothing
inferior to other princes, save In being ndorb
abridged from injuring their own subjects:
but have as large a field as any of external ft"*
549} STATE TRIALS, SS CHAUsa II. Itf83.-^«r EBgh Treaim,
two.
fleeted from t)ie integrity of their prindples.
Some have too deeply plunged themselves in
"Vorldly cares* and, so as they oiight eiyoy
-Uieir teades and wealth, har^ less rnrarded the
freasinre that is laid up in hearea. But I think
||mv6 are very many who have kq^ &eir gar-
Rdty, wherein to exercise their own virtue, and
an reward and enoourage it in others. In short,
there is nothing that comes nearer in govern-
<nent to the divine perfection, than where the
monareh, as with us, enjoys a capacity of doing
all the giood imaginable to mankind, under a
disability to all &at is evil. — And as we are
thus happy in the constitution of our state, so
are we yet more blessed in thai of our cbureh ;
being Iree frem that Romish yoke, wliich so
great a part ^f Chiistendom do yet draw and
nbour under. That Popery is such a thing as
cannot, but for want of a word to express it, be
caUed a religion : nor is it to be mentioned with
that civility which is otherwise decent to be
iised,^ in speaking of the differences of human
opinion about divine matters. Were it either
open Judaism, or plain Turkery, or honest
iWanism, there is yet a certain Bojm fide*
in uie mort extravagant belief, and the sincerity
4kf an erroneous profession may render it more
pardonable : but this is a compound of all the
three, an extract of whatsoever is most ridicu*
loos and impious in them, incorporated with
more peculiar absurdities of its own, in which
those were deficient ; and all this deliberately
contrived, knowingly carried on by the bold
imposture of priests ander the name of Cluis-
tianity. The wisdom of this fifth religion,
this ^ and insolentest attempt upon the cre-
dulity of mankind, seems to me (though not
ignorant otherwise of the times, degrees, and
methods of its progress) prindpally to have
consisted in their owning the scriptures to be the
word of God, and the rule of fiiitn and manners,
but in prohilMting at the same time their com-
mon use, or the reading of them in public
churches but in a Latin translation to the vul-
gar ; there being no better or more rational way
to frustrate the very design of the great insti-
tutor of Gbristianiiy, who first planted it b^
the extraordinary gift bf tongues, than to forlnd
the use even of the ordinary laii^ages. For
having thus a book which is universally avowed
to be of divine authority, but sequestering it
only into such hands as were intrusted in the
cb^it, they had the opportunity to vitiate, sup-
press, or interoret to their own orofit those re-
cords by whicn the poor people bold their sal-
Tation. And this necessary point bein^ once
gained, there was tiienceforward' nothmg so
monstrous to reason, so abhorring from mora-
lity, or so contrary to scripture, which they
might no;t in prudence adventure on, ete. etc.
ate.*' An' Account bfthe Growth of Popery and
Arbitrary Government in England. More par-
ments unspotted *, and hope that God will de*
liver them ^ and the nation for their sakes. God
will not suffer this land, where the gospel hath
of late flourished more than in any part of the
worid, to become a slave cS the world ; he will
not suffer it to be made a land of graven images :
he will stir up witnesses of the truth, and, in
his own time, spirit his people to stand up for
his cause, and deliver them. I lived in this
belief, and am now about to die in it. 1 know
my Redeemer lives ; and, as he hath in a great
measure upheld me in the day of my calamity,
hope that he will still uphold me by his spirit
in this last moment, and giving me fi^race to
glorify him in my death, receive me into the
glorv prepared for those that fear him, when
my body shall be dissolved: Amen.f
I havealready (pp. 49S, 517j inserted bishoil
Burnefs account or Sidney's Christianity. Sir
John I>alrymple, however, (Memoirs, part 1,
book 1, p. 31, 4to edition of 1771) takes upon
him to assert that Sidney was a ^ determined
< Deist J
With respect to what Sidney says, (see p»
901), that the ink shewed the writings had
been done many, and perhaps 20 or SO years^
it b observed m the Bi(^^j)hia Britannica,
that firom names mentioned m Sidney's book
it is undeniable that some parts of it at least
had not been written SO years. As fopt instance,
<( Old Andlejr, Dog Smith, Bishop Duppa;
Brownloe, Child, Dashwood, Fox, ace. are to
be esteemed fiuhers of the people of England.^
And this other passage, where he names
<^ Hide, Arlington, Danbv, their gpraces of
Clefdand and rortsmonth, Sunderland, Jen«
kins, and Chiffinch ;" immediately after men*
tioning the ** bawds, whores, thieves, buffMmSy
parasites, and such vile wretohes are naturally
mercenary, that had too much power at White*
hall."
ticularly from the long prorogation of Nov.
1675, ending Feb. 15, 1676, tillthe last meet*
tDf of psriiament, July 16, 1677. Amsterdam,
pnntea in the year 1677, in quarto. [By An-
drew Marvell, *^ Who died shortly after, not
without strong suspicions of being poisoned."]}
Ot ^mes 1, Chfurles 1, Charies S, James 9,
their evil deeds and sinninga against their peo^
pie, see an admireUe recapitolation, in that
master tract intitled ** A short history of stand-
inff armies in England," by that spirited ex-
ceUeot English gentleman John Trenchard.
* In his bounty he did deliver them, and soon
too, at the most noble, most happy revolution.
t The reader will find a difficulty in under*
standing some words uid passases in this Apo-
logy, which, it is, not imOTobable, was dictated
to a Frenchman, Joseph Ducas, the same who
garc eridenoe on the trial.
951] STATE TRIALS. 35 Charles II. l685^THa/ afAIgem4m
[953
Report made to the House of I^rds, on the SOth of Deceh-
. BER 1689, FRok the Committee for Inspections of Exa^
M r NATIONS, concerning the Murders of Lord Russell, Colonel
Sydney, Sir T. Armstrong, and Mr. Cornish : the Advisers
of Quo Warranto, and the Advisers of the Dispensing Power*
{From the Lords' Journals.]
December 20, 1689.
THE earl of Stamford reported, from the
Lords Committees appointed to ooosider who
were the Advisers aoa Frooecators of the Mur-
ders of' the lord Rqssell, cokmel . Sidney, sir
Thomas Armstrong, and Mr. Cornish ; and
who were the Advisers of issuing out of writs
ot Quo Warraotos against Coiporations, and
who were their R^Tulttton; >^nd also who
were the public Assertors jof the dispensing
power.
*
In pursuanee of which, these D^ositions
urere read, as foUowedi :
I
The EXAMINATION ofDoctor JOHN TIL-
L0T80N, Dean of St Pftul's, taken the
18th of November, 1689.
To the question, < Whether the doctor wrote
« a letterto the lord Russell, June 20th, 168S P'
Thia ezaiminant, by his answer, saith, That m-
deed he did write such a letter, the day before
the lord RumoU died.— That he did shew
(be letter to the lord Halliiax, that ereo-
iiy he wrote it. And that he wrote it merely of
iumself.
'* Butthis Bxaminant saith, That he did not
publish it.«-And it was much against his will
thatitwaspubliyhed. And he doth not know
by what order it was published.
«' Thia Examiiiant saith. That Dr. Burnet,
the present bisbopof Salisbury, comingfromthe
lord Ritssell, told him, * That he beliered that
^ he had brought him to a willinp^ness to declare
' his salisfaotioo in that poiot which the letter re-
* Jates to; and desired this examioant to go to the
f lord Hallifax, toac<|uauit him with it, that his
' lordship might mitigate thethiiMf to the Idng,
f and so oe a meam to sa?e the tord Russeirs
•life.'
. *' This Exaniinant saith, That the lord Hal-
Ufax told him, * he would do it ;' and the
next day said, * he had done it, and that the king
* seemed to be more moved with it than by
' any thi^f else that had be^ said before.'
On Thursday, after, this Bxaminant saidi,
fie waited on the lord Russell ; and told him,
^ that he was very glad to hear his lordshio was
^ satisfied as to that point, hoping^ it would im-
'• prove to his advantage.' But his lordship told
item, ^ he was not so clearly convinced in that
* matter.' This Examinant saith, That he in
reply told him, * he was very sorry for it ; be-
* cause the messa^ had been carried to the king
* Ihat ha waaooavmced ofity Md would declare
I
' it at his death ;' for so hehad been informed
His lordship said : * That Dr. Burnet had dis-
< coursed much with him about it, and that he
' was very willing to be convinced ; hut yet he
* could not say he absolutdy was so.'
*< This £xaminant saith, That he was modt
tronbled at this, for his own sake, as well as his
lordship's, because that he had been the ooeaaioB
of sending a message to &e king, which seemed
to contradict him.
** Hereupon this Exarainant saidi. That the
nejct day, which was Friday, he wrote the above
mentioned letter, which he carried aloog with
him to his lordship : fearinjgf that, being so near
the time of his suffering, his relations woold bo
with him, aod so he might not have the onporlii-
nity 'of speaking with him himself ; but wnea tfna
examinant came, he found there none with him
but his lady. He told his lordship what he at-
tended, < that, being his time was ao very ahart,
< he rather chose to give him that letter, than t»
< trouble him with a long discourse :' his loid-
ship received it, and, rismg up, went into his
inner room; and staying'there some time, what
he returned he tokl him, < that he had read the
* letter, and was willing to be convinced, hat he
* could not say he was so ;' and withal, he told
this examinant, *• It was not then a time to troa-
< ble himself wih politics;' butsaid,* thatthon^
< be was inerror, yet, being wfllmg to beesn-
< vinced, he hoped God woold foigive him.' Aod
this examinant saith, he made answer, *That
< he hoped so too.' After a litlie ftirther £a-
com'se, of that matter, thia examinant aaith, he
told his lordship, *' he woohi troohle hhn
< aboutit no more;' nor did he ; but, after hb
loi'dship came out of the room, he ^ve this
examinant his letter agam.
«« This Examinant saith. That, after be left
his lordship, he went to the lord Hallifax, whom
he told, < he was sorry he had beggedhis lord-
< ship's iavoarto employhimself on that measage,
«'not finding die lord Russell so fully satiBfied ss
* Dr. Burnet believed he was, though, he aastb,
( he had endeavoured all he could to give his
^ lorddiip satiafoction in the matter, and had
< written a letter to that purpose, which he ddi-
* vered into his own hands himaelf.' llieie-
vpcHi, this examinant saith, ho shewed that
letter to the kfd Hallifax; andjuataa be began
to read it, one of hisservanta came in, and told
him, * that a foreign or Spanish amhaasadoi
* was coming in ;' therefore tiiis examinant
aaith, he told hia kirdahip, * be must leave tiia
'letter with him.'
'< The next waa the day ofthelord Ruaaefl'to
[9*4
The EXAMINATION of JOHN RAMP-
DfiN* Mf. ttkefi the 18th of NoFcmber,
1689.
933] • STATE TEIALS, 55 CiumLBi II. 1583^m* Ugh TVmmi;
soflcfing; tndtliiaeanbiuitvttitli, he attend-
ed him 00 the ecaffoldf end did not ipeek with
the lord HaHifiuttUlfOBMda^rt after. Hesaith,
tboTeaaon why he applied himself to the lord
HailifiUE mm this oocaaioDwai, beoaoae hebe-
Kered bis brdship would do the lord Rcusell all
the good he could.
«« This Ejcaminant saith, That the day after
the lord RusseU died, he was commanded to
appear at the cabinet council ; which he did f
amdtberetheking, tbedttkeof York, the lord
keeper North, the dnke of Ormond, the lord Hal -
lifiix; the lord Rochester, and sb Leoline Jen-
kins, werepresent.
** This Examinant saith, There the king
«adsed him, * whether he had any hand in the
** paper which was published in the lord Rus-
** sell's name P' To which he answered, * he
* had not ;' after which, the king seemed to be
valisfied.
" This Examimtnt saith, That Mr. Roger
lL«*Estrange came the next clay to him ; and told
him, ' he was ordered to shew him a letter, and
"* to ask him, whether it was his or no ?'
** This Examinant saith. That he gare no
eopy, it is true he kept a copy, bat it was m short
hand) : bat when Mr. L'Estrange shewed him
-u letter, he desired him to read it ; and when
he had, this examinant saith he told him, (ex-
cepting two or three words which he shewed
4iim to alter) < it was his.'
<< This Exammant saith, That he belieresit
L'Estrange's hand ; and that he told him.
* he was Tery sony it was to be published ;
^ and if it were in his power, it should not.'
*' Some day in the week after, tfaisexaminant
saith, the ftrst time he spake Wiethe lord Hal-
liftuc, he asked him, ' How his letter came to
* be published P' To which he was answered,
*« That, npon the eomingout of the lord Rus-
* sell's paper, there was such a storm raised
^ in the court against Dr. Burnet and this exami-
< nant, that his knrdship in kindness to the latter
* shewed the long his letter ; and it passing from
* several hands, ittaamieout ofhis power to re-
* trieve iL' Thetord Halliiaxsaid, ' that he had
* this reason to beliere he left it in the king's
< hands, because the duke of York that 8on£y
< (being the day after the lord Russdl died),at
* the cabinet oounci], a£i>ke of |his letter.' But
this exammant saith. That he knows nothing
ofthepubfishingof^is letter, nor by whom ;
nordifthe speak to the lord Uallifax, between
-the time of tbedeltTery of the letter, andthatof
the publishing of it
«« This Examinantaaitfa, That th^ lord Hal-
ifax shewed a very compassionate coucem for
the k>rd Russell, and all the readiness to serre
him that could be wvhed.
** And thb Examinant ftirthersaith, thai the
kudlUiaaell desired him to give histhanksto
the lord Halli&x, ihr his humanity and kind-
newtohim; and it was occasioned by his tell-
tng the lord Russell of the lord HalKfax's being
so ready tocarry that message to the king tiiat
he had mm doetor Burnet'^
«* This Examfaiant saith, Thathiscaaeisso
tery much twisted with Aose noUe persons after
whose Mood and murder ^ir lordships of this
committee do now so strictly enquire, that he
.■- ■ ' - ■■■■ ■ '
* On the 1^ of Norember, the Lords sent
down the following Message to the Commons :
** Mr. Sp^ker, we are commanded by the
Lords to acquaint this honourable Hoose with
this Message, That a Committee being ap-
pointed to examine, who were the Advisers and
Prosecutors of the Murders of the lord RiisseH,
colonel Sidney, sir Thomas Armstrong, Mr.
Cornish, and others ; and, who were the Ad-
risers of issuing out of writs of Quo Warrantos
against CorporatioDS ; and, who were the Re-
gulators ; and also, who were the public As*
sorters of the Dispensing Power j that this
House be desired, that Mr. Serjeant Trenchard,
and John Hampden, esq. and such other mem*
hers of this House, as can inform the Lords of
the said committee, about those matters, may
hare leare to appear, when desired, lo deoiara
their knowledge therein."
Upon which the following deliate ensued :
Mr. Sae&everelL This is a precedent that ii
rery new. I nerer saw any of tlie Kke natfve
beAMre. It lays a hard chaige on you, as if
your members nerer mentioned this eridenoe
to you. The naming these gentiemen in the
Message, ' and such other members as eau
inform the Lords, dcc.4'<^To grant an uulimiled
power of we know not whom, is not parlia«
mentary.
Sir Tho, Lee. I thmk^ the thing is quite
new, or &nt of my memory. 1 would rather
teke a day's time to consider of i^reeedenta. I
cannot agree that it is an original thing (as
said) hut things of this nature are nice betweesi
both houses.
Mr. Botcawen, There was a member' exa-
mined about lord Essex. He asked your leare^
when caHed upm: by the Lords ; and now it is
much more reasonable that you should giro
leare.
Sir John Dretor. This is a matter of great
importance. I w6uld not deny tiie Lords an^
thing in whidi they hare a judicial power; if
you canjrire them any assistance, in that you
may. fiiquire into lord Strafford's Case, and
you will find that sir Henry Vane, a member^
was examined by the Lords ; and some mem*
bers now in lord Stafibrd's Case ; but It waa
when the Commons were j^rooecutors. As for
proceeding by Bills of Attmnder, there ate but
lew precedents, but what hare begun here, hut
those by the king's Attorney Graeral, by the
king. I would not hare you giro up your pri*
rilege; but I would giretne Lords satisftusuon,
and answer them' by meMengsrs of your own,
and adjouni the debate till to-morrow.
Sir Jo$eph Dredenham. I would willingly
comply witii the Lords* I hear only of iA
955] STATE TRIALS, 35 Cha»lb8 H. l6SS.—Tirial p/ Algmtm SUney, [95J
knows not how to speak ofthein, withoaft gwiog
a relation of his own ; and that bn looks opon
himself as macb murclered as any of them, hy
reason of his sufferings.
•
precedent of the last session ; and before yoa
confirm that precedent, by adding another to it,
I would con^der.
Sir John Guiic I know my own ignorance
in methods of parliament ; but all desire to
clear up the dust in this case. Rather than
delay it, refer it to a. committee, to see the
manner of proceeding^ of the House, and inspect
ypur Books, and we commend it 'to their dis-
patoh.
Mr. CA. Montagu. I am so far from hinder-
ing the information of the House, that I could
wish we had begun the enquiry here. I belieFe
the committee <^f the Lords meet not till Fri-
dlhr, and you may consider of it.
Sir Robert Cotton. I desire to see a full
prosecution of this business. Never were men
■o illegally prosecuted and executed. But you
have had no precedents of this nature, but the
sending for sir Christ. Musgrave, and he was
named by the Lords ; and so far I would agree
with the Lords, to the persons they name ; but,
as for the other part of the Message, *• That
persons at their lordships pleasure may be sent
vir,' there is no instance of precedents ; and
^ewig you have none, for the honour of the
House you ought to conmdt methods of parlia-
ment, and to answer it to those that shall come
after us. I move for a Committer
Sir Tho. IdttUton. I would not delay it so
long as refei'ring it to a committee. The for-
mer part of the Lords request seems reasona-
ble, and is far from claiming a jurisdiction ;
but, as lor the other part, to examine whom
they shall see cause, of your members, I am
utterly against that jurisdiction.
Mr. Man^kden. You are rationally moved,
by Littleton, to send no answer at all to Uie
latter part of the Message.
Sir Tho. Clarges. I nave a great difficulty
upon me in this, concerning the Lords' Jurist
diction. By the statute of Hen. 4, * There
ahaU be no more Appeals of Treason of Lords
ag[ainstone another in pwliament' But, ad-
mitting the Lords had juriadictii^ of them-
selves, they have none upon conamoneni, but,
if this may tend to the accusation of common •
ers, it is against &e rig[ht of the Commons ;
hut if they say it is against such a peer, and
such, but to have your members neither to
know, whether it is against a conmioner, or a
peer, I am asninst it.
Sir EdMo, Seymour, 1 came, in late, but I
collect from Uie debate, that tlie Lords desire
Trenchard and Hampden to attend the Lords,
and give evidence of the autiiors of the murders
of lonl Russdl, &6. the advisers of ih& Quo
Warrantos and Regulators of Corporations, and
any other member to attend their lordships,
when desired. I think this of that importance
to the constitution of parliament, tnat you
aaanot find one instance of that IdikL When
" This Exammant inith. That, after the M
Russell and oolond Sidney were dapt up in tfat
Tower, he was sent for, and brought before Um
cabinet council, or select number of lords, anl
■ » — . —
an accusation has been from the ComnwoBy
then you have permitted your members to gife
evidence to the Lords, out upon an origiBiI
cause firom the Lords — If you examine upon
the legblative, you are upon equal footing w^
the bords ; but will you submit and subject
yoursdves a d^pree lower, having no preoe«
dents to warrant your proceedings? I bops
you will be tender how^ou admit it.
Mr. Howies. It is said, ' There is no prece-
dent of this Message from the Lords ;' and, in*
deed, there is no precedent of what has been
done lately in the abominable Trials. It is
certain that a member may accuse a lord, sad
certainly there is no manner of mischief in thii^
but to & a great deal of ^ood.
Sir Tho. Lee. I desire gentlemen wwdd
think how little things draw great oonee*
quenoes; if gentlemen see what tbef ire
about to do, i^rfaaps they will not doit I
think I have read, or heard, that, in fonner
times, the Lords sent to the Commons toper*
suade them to the necessity of giving Money ;
the Commons would not confer with tbe Lords
about it. You may remember Skinner's case.
Tbe Lords tell you, now they are doing a tbing
that is the greatest matter in question, whetiwr
they can do it ; and when you makeyoursehcf
a party, and consent to it, I know not how fir
it will go. It will be, or not be, as the U>rdf
shall think fit In Fitzharris's Case, at OxM,
the Lords would not accept your hnpeachmo^
I would keep gentlemen on the andeat iban-
dation. This case is an enquiry into matten
criminaL I know the consequence of the
Quo Warrantos against Corporatioos, sad no
man is so brutish as not to abhor the morden
of lord Russell, &c. but if the Lords take npos
them to make enquiry into that which ymi
have power to do, and ought to do, they mav,
perhaps, brinff a oonunoner siuninarily to ds
tried atUieir rar.
Mr. Howies. Appeals were taken awayby
the statute Henry 4, of one lord against anooier
in parliament, for Treason ; but still there ut
for murder and felony. Appeals for ****■•
are always in parliament, and are to be tried
by battail. If a man was antiquated, abore
sixty years of age, he was not bound to bsttoU,
nor a woman. But there is no odour tbst
that statute took away Impeachments in par-
liament. I would have these persons, dcarea
by the Lords, have leave to go.
Sir Henry Capel. I know, whenever pnn-
legecomes m debate, that it is ^^^y^^
and nice thinjr, but I hope H shall ever be W
the preservation, and not destruction, oltne
Sivemment I would not cany ¥P^^.^
at excess to prevent common justice, tnat »
may be obstructed. In this case, where yoa
hav€ reversed Attainder of these P«f"f». i
ho^ no Privik^ will take place. 1 tw»
^57) STATE TRIALS, 35 CHABtEt II. lS8S.^/or Bigh Treas&n. [95s
asked, * wbeAer he iras of ^ coancil ofsixP*
(lor 80 the lord Howard had been pleased to caU
It.)
' «< This Examinant saith, That he saw there
kine Charles the 2d, the lord keeper North, and
thelord Hallifax ; and there were some other
, , - - — ^— ^— ^— ^^— ^■^^—
that is no original cause from the Lords. I
think the peers, as part of the legislature, ha?e
power to enquire into these things^ as well as
the Commons. Here have been charters and
mens lires taken away, and ill returns of mem-
bers designed, and your faws destroyed thereby,
and no remedy, ft i& said, *■ There is no pre-
cedent for this, &c.' but there is a precedent
the last session : sir Christ Musgrave, and sir
Philip Howard, attended the L^rds, to give
evidence in the case of lord Essex. As for a
committee to consider this, it is a delay to the
anquiry, and we ought to show our readiness
to the Lords in it.
Sir John Trevor, I would know the date of
the Message ; if it bears date now^ it is a
■mall delay for a committee to consider it till
to-morrow morning. Is it not better to allow
the small delay tiU to-morrow, than to divide
the House upon itP And the Yeas must go out.
Sir Robert H<mard, It has been said by
•ome, < We must agreeto all the messa^, or
none/ Skinner's case was most foreign to
this, for that was point ofproperty, which might
have had remedy in Westminster-Hall, and
was an origpnal cause from the Lords. Can
this be a pr^udice to you P But this will be a
deep one ; when yon will do nothing yourselves
in it, and hinder the Lords from doing it.
* You have heard a mat deal of this matter,
and let all pass, and me Lortls think they can
do something in the discovery, and the (jom-
mons delay contributing to it.' This will be
aid.
Mr. Hampden. The question is not pro-
perly *' Agree or not,' but you may diride the
question. I am for maintaining all the privi-
leges of the House, but yon have none for ob-
atnicting justice. Our common law is foimded
njpon eternal maxims of reason of any muni-
cipal law in the world : the civil law, the
municipal law of the Romans, was so. When
your priviltt^e stops justice, it is time to hinder
It. In the Popish Plot, the Lords sent for some
of the Commons to give evidence, and parti-
colarly in the case of sir Edmundbury God-
frey, Uie Lords sent for witnesses perpetually.
The thing is not judicially before you. In Lord
Bristol's case, accnsinff lord Clarendon, the
Lords over-ruled it, * That a lord could not
accose another in parliament.' In snch cases,
when the Lords d^re evidence, and you plsad
privilege, I could wish privilege out ot doors.
Resolved, ** That leave be given to Mr.
Serjeant Trenchard, and Mr. Hampden, jun.
to attend the Lords."
Mr. SachererelL Now you have ^ven leave
to your members, the Lords will easily linder-
■tMid it, but leave it an indifference for any to
go that wiU." 5 Cobb. Pari. Hist. p. 431.
persons present, whose faces he did not see ;
out he doth not remember they had a clerk with
them.
** Some questions were asked this exami-
nant by the lord keeper North, and likewise by
the king. And he saith, he was very mucn
pressed td make a confession. But thki exami--
nant claimed (as an Englishman) the liberty
not to accuse himself. Whereupon he was
presently sent to the Tower, made close pri-
soner there, and indeed kept in the strictest cus*.
tody for twentv weeks.
'* But this Examinant saiih. That, some time
afier the lord Russell was executed, and a littla'^
before the exescutionof colonel Sidney, he re-
ceived an intimation by a private note, how
that there was intention to try him for fi mis-
demeanor ; but he was bailed out, upon 30,000/.
security.
'^ This Examinant saith further, That, after
this, the duke of Monmouth came in, and was
receivedat court, and gpt his pardon; but se-
veral coming to visit him, he began to be too
free in hi& discourse, which did not please the
court And this examinant saith, That at the
old Dutchess of Richmond's house, the duke
spoke as if that those gentlemen who were put
to death suffered unjustly.
^ ** Whereupon this Examinant saith. That th^
long (afier he had been acquainted with this by
a lady,) would needs have the duke to confess
his bemg concerned in the plot ; and to that
purpose there was a ^per drawn, which the
King would have him sign ; and it was accor**
dingly signed by the duke.
'< And thb Examinant saith. That a gentler-
men (to wit) sir James Forbes came to him
from the duke of Monmouth, with a copy of
that paper die duke had signed, wherein
the plot was owned ; which as soon as ever
this examinant had seen and read, he said,
* It was a confession of the plot ; and, accord-
* lug to the law then in vogue and practice, it
' would hang him, because so litUe a while be-
' fore colonel Sidney was condemned upon a
' paper that was ^ven in evidence agaiiist
' which could be proved to be written and
' signed by the duke of Mobmouth, might
* much more properly be made use of, asiiis
* evidence to hang other people.' And thk
examinant saith, Tnat he was told by Sir James
Forbes, < that the duke was in a manner forced
* to sifi^ the paper ; for he was not only per «
* sua^, but overborne in it, by the lord Hal-
« li&x.'
«< And this Examinant further saith, That
when sir James returned to the duke, he wi^
concerned almost to madne^; and declared,
* that, if he lived till the next day, he wouki
* have the paper again ;' and accordingly ^as
this examinant was informed) he went to tne
king, and told him, ' he could not rest tiU he
* had it.*
9S9] STATE TRIAUb 55 CsABLtt IL iSU^Trktiif jBgmm Afafy, fsfit
*' HorevpoD thmEmmiunt siilli, TlMt tbe
king, widi grcftl indigniiriwi, tbrsir bin the
paper, ftnd commanded liiiD, * nerer to see bis
'faoeoiora;' which be bdieves he did. So
the didbe went away, and by that means be es-
caped the trial fur treason then*
** This Ezamioaut saith, That ba was told
bj Mr. Waller (who is since decessed), « that
* tbe doke of Monmooth's ownmg^ the plot to
' the )dng was tbe eanse of comd Sidney's
« This Examinant saith, That, aAer this, be
vas brought to a trial for a misdemeanor;
and was convicted, upon the lord Howard's
cTidenoe.
<< To tbis^ Uia Kiaminant saith, He pleaded
Magna Chttte, and that chapter ofitparticn-
lariy wherem a * islvo contenemento,' is men-
tiolfed : but yet tbe court, for all that, fined him
40,000/. ana ordersd Um to be kept in prison
tOI the fine should be paid, and be wm to give
security for the good behaTioor.
«< And ibis Examinant faith furtber. That
the king made choice of putting bim in prison.
So be was committed to tne marshal's house in
tiie King's bench, where he continued for. ten
months.
«• lliis Examinant said, He oflTered several
sums of aaoney : biit it was answered bim,
* That they bad rather bare bim rot in prison
* than that he should pay tbe fine.'
" This Examinant also saith, That after this
they put bim in the common prison, where be
was Kept reiy dose for ten or eleven months.
Then they contrived a writ, called a Long Writ,
to reach liodi bis real and personal estate, whilst
be was thus kept a prisoner.
** But afterwards, this Examinant saith.
That he beard a new witness appeared ; bat
tbii was after tbe defeat of tbe ;aiike of Mon-
mouth.
" Then, this Exammant saith. He was sent
close prisoner to the Tower, by a warrant from
tbe lord Sunderland ; and be was put into such
a room where there was no manner of con-
veniency; and there were forced upon him
two of the rudest warders in the Tower, to lie
in the same room with him : and afler seven
or eight weeks of this treatment there, he was
lettoved to Newgate, where also he was kept
close fbr eleven weeks.
« This Examinant ssith, That his friends
ifflfered money for his pardon to some in power,
who were the lord Jmries and Mr. Petre, the
sum ^«x thoiannd pounds. This proved
eifeetual at last (though it i» hardly poissible
for a man to suffer more than thi« examinant
4id} ; fbr, bv the help of this money, on con-
dition that this examinant would pl4d guOty
to bis indictment, be was to come off.
" This Examinant saith, That his friends
advised him to it, because it could be prejudicial
to no man living (there beinpf none alive of
those called tbe council of six) but the lord
Howard.
** Whereupon tiiis Examinant (pleading
gttilty)%ras discbaifed, paying 3 or 400/. to
L
Ckafaamand BwtOD, lor Iha
procnrsment of bis pardon.
**A» for tbe sdbfect maHsr ef what Aia
examinant confessed, ha snpposes no man will
think be ought to be ashamed of it, who be-
lieve the lord Boasell waa oraidered.
«< And this Examinant aaitb. That diia was
the way which our anoestorsalwaya task, wbea
the sovereign authority came to so great a
height, as might be made oot by many in-
stances: custom bad made this tbe law oC
England, and all dviliaed and weU-goremed
nations about us bad used the like wa^.
*'Bnt, notwitbstandiittr ^ia Examinaiit'a
pleading guilty, be saiA, He bath been vety
ready to serve and secure the kingdom. And
be dedareth. That be was one or the two or
three men, who saw letters from HoDaad, of
this late most hu»py revolutioB. And he saith»
he thinks king William's coming into Enriand
to be nothing else but the continuation cu tbe
council of SIX ; and if not, be saith, he desixea
to be better infevmed.
<' This Exanunant saith. That, being asked
by the kird HalUfax, * How be came to send
* bis wife to the man whom be looked UfKin aa
' instrumental in obtoining tbe paper wbidi b«
' tbouffht would endanger lus bfe ;' be an-
swered, * He did likewise said bis wife to tbe
^ lord Jefferies, Mr. Petre, and others' And
further be said, ' Who shmild this examinant
' send to, but to those m power ? and who
'could effectually help bim, but those wfaa
* were in tbe seat of power ?'
«' Iliis Examinant declares, Tbat be did
not think thelordHallifax struck directly at Us
life, or that bis lordship had any private peraonal
pique against bim ; but that be was to ca^
on the cause be was engaged in. This exa-
minant saith, his wife did several timea go to
the lord HaDifax, and be believes by her sent
him bis tbaaln. But indeed, this exanmiaiit
saith, he doth not know of any solid efieets of
bis kindness ; if there were, be desires die lord
Hallifax to do him tbe pleasure to tcB bim
wherrin. But this he saith. That be doib not
bdieve anv part of the aix thousand pounds was
given to tbe lord Hallifex. ,
'< This Examinant saith further, Tbat be
never beard any thing of the du)m of Mon-
mouth's confession of the plot, till after tba
duke had. signed tbe. above mentioned pancr
which was sent liim. He doth confess, tnat
be had heard it as qommon talk, * that the
* duke had confessed a plot ;' and that Mr. Wal-
ler told bim so indefinitely, but be could not
tell whether he meant before the signing of the
paper or not.
*< This Examinant saith, Tbat what tbe
duke of Monmouth did at tbat time was aD of
a piece, whether by speaking or writing ; and
he is sure that it was witb me utmost rdnct-
ancy thai the duke signed thatpaper.
** This Examinant saith. That be remem-
bers no more in the ciediinet council, but tbe
lord Radnor, besides those be has alreadjr
named ; but he bdieves there wera tbcee sr
four more.
SSlJ STATE lUALS, 35 Chaubs IL m»^ffr Higk Tffuim^
t«?*
'« But, this EnminaQt autb. He was bailed
«at on the 28th of Norember, 1683 ; and
colonel Sidnejr, he thinks, was ezecnted on the
^ of Oeoensber IbUowinf • ,
'« The Bzamimuit saitb, That the dolna of
Monmouth appeafed very fim to him, and en-
gaged to use his utmost endeavoora to save
coiontl Sidney. He saith, he eame out of the
Tower some few days bdbre colonel Sidney
was executed ; and that he had an intention
to gite him a visit ; but that hisfneods thought
it would be useless, 'and indeed dangerous to
them ; and that he might write any ihinff he
bnd to say. Aooordii^y he wrote to him,
* Thai he would oome and see him if he desired
* it' But colonel Sidne^^harged him, ' not
«*to come^ but to write, it he thought any-in-
* eonveniency would oome of it'
*' And this Ezaminantsaitb, Thatthe messen-
ger who brought him the message before-
uentioQed was Dr. Hall, now bishop of
Oxford, who applied himself to the dutchess of
Portsmouth for his release. . But her answer
to him afterwards was, *That she had tried,
^ but could do nothmg ; for they would rather
* have him rot in prison than have the 40,000/.* "
8iv JAMES FORBES'S EXAMINATIONt
taken the 90th of November, 1089.
«The Examinant saitb. That the night
wherein the late duke of Monmouth signed
Ifae paper, he sent Bryon, or some other of his
servants, for this examinant, in a hackney
c»ach, at The Little Piazza ; where he told
this Examinant, * That be had got a copy of a
* paper Ivritten by the king himself, which was
J for the owning of the evidence of Rnmsey
* and others ) which paper the said duke de-
* aired this examinant to shew to Mr. Hamb-
* deaJ But this examinant told tbe duke,
* Tbat that paper would make him infkmous,
* and would be a means of destroying many
'« men's lives.' Whereupon the duxe sent this
examinant to the lord Anglesey's, with the
paper, whom he fhund going to bed ; but, as
soon aa^he was acquainted with the message,
he admittied this examinant in to l^m ; and,
upon the reading of it, presently wrote a paper
ot rmons sffamst it.
«* Tne doke, before this examinant went to
the lord Anglesey's, said, * That, if it were so
* as this examinant had tn]d him, he would have
< tbe paper again, though he died for it.' This
laminaot asked hinii, * How lie could ^t it ?'
The duke said, * Tbe kms^ would shew it him,
'.and then he would tear it out of his hands.'
And tbe.duke farther said, * That the duke of
' York was his implacable enemy.'
•< The duke told this examinant, « That the
* lord Hallifax persuaded him to sign the
'* paper ; but wheiller it were for his ^kmI or
< Bot, he knevK not.'
" This Extnainant says, The dukafeai hina
'toMnHambdoBwithit; who, as soon as ever
be bad-seen and read it, said, ^^Thathewas a
^dcadmaki.' Mr. Harabdea aafcad th«i axa-
mNnat'aieaveiosbewthepai^rto hiafa^ier;-
which tliia examinaql oonseuted to ; and whea
he returned, this examinant went back to the
duke of Moomouih, whom be ibund that very,
night at tbe same place. *
'* There this examinant gave him the earl oC
Anglesey's reasons ^[ainst tbe pqper, together,
with his own thoughts of it ; as also he re^rte^
to him what Mr. Hambden said ooacerni^g it»
Whereupon the duke replied, ' That he saw*
* they had a mind to ruin nim ^and he was only
* brought into conrt to do a lob ; and that hei
' wottfi not fdeep before he had r^evej^ the
* paper.' ♦ , -
** Tbe next day, colonel Godfrey came te
this examinant ; and told him, ' That the duke
* had recovered tbe paper, and got it into his
'own poteeasion.' And th||i examinant went
to tell Mr. Hambdea, Afr. Cbarletoo, and
major Wildman, of it.
y But, before this, the diiketold thire]6i-
minant how kindly the king bad expi eased him-
self to him.
" This Examinant deared ^e doke to save
colonel Sidney, if possible ; bui the duke feared
he could not ; but said, * He had told the
* king how spood a. man the lord Russell was.'
Atad when this examinant had told the duk^
how it was reported ia the town, * that he was
* come in to be a witness ;' he alnswered, * He
* never would.'
'< This Examinant told the duke, • That Mr:
* Hambden desired to see hita ;' but, though .
the duke thought it to be rery dangerous, yet^
he went to givehim a visit. The business was,
as this examinant verily believes, to try whe- '
ther he could save colonel Sidney'a life or,no :
and this was before the duke of Monmoutl^ had
obtained his pardon.
*< This Examinant further says, That the
duke was with Mr. Hambden two or three
hours ; indeed he was not in the same room
with them, but he rerfly believes it was to save-
the colonel as aforesaid.
'* Tbe duke did nottdl this exaininant of
any confession he had made ^ but only talked
of the king's kindness to hi A.
'* The duke's servants told this examinant,
at the Cockpit,' that they wer^ ordered not te
suffer any of his old friends, or old Whigs to ,
come to him ; and yet, the next momuiff after,
the duke of Monmouth appeared puljicly al
the Cockpit.
*< This Examinant did hear nothing of the
paper till after the duke delivered it to him ;
nor did he hear by him that the king promised
not to make use of the paper as evidence
either to his own or any other person's prejiu^
dice : it might have been so talked of m tbe
town ; but this examinant does not remember
that the duke named any particular person that
made him si^ the uamir to do a job ; only be
said, *> The Soke oi York wa» his implaoBible
*■ enemy, and had a mind to ruin him.'
^ This Examinant says. He did not bear
the duke of Monmouth say any thing about
his owning the Plot, befm he sh«wed mn. tU»
3Q
JS5]. STATE TUlJaA S5<!vmBS IL l6$$.^Trkl^JlgdmM SUbiy, [964.
^•IKr; Init lie my^ Thai Bryon, or Mine
other of the dake's fbotineii, told him, * That
* floch and audi were fnrhidden to aae or pay a
« fiiit to the duke.' ^
" And thia Examtnant save, Thai he doea
not remember the dvke'a tolling him anv rea-
fouB that the kml naed, who perauaded him to
mga the paper:
*<ThediiketoM thia Ezaminant, 'It would
^ be a very hard tnin|^ to laTe coiood Sidney i*
hat ordered him .poaitiirely to deKver the mea-
Me to Mr. Hamoden ; and likewiae told him,
* That he had acopainted thekinr, how good
* a man the lord Ruaaell waa, and how uquitly
•he bad been put to death.*"
The EXAlniNATION of Sir. JOHN TIS-
JfiO^ token tfie 30di of November, 1689.
H Ilui Examinant saith, That, at the lord
Rusaeira ^rial, four gentlemen told him,
* That Keeling, who wai to hare been the first
* evidence againat his lordship, being taxed of
*'being drunk at a cofiee house ;' he answered,
* That he was not; but confessed himself to
* be in a very great disorder, because, he said,
* he was that night to meet some gentlemen at
* the Oun, who were to give him instructions
* what to swear ; but, he said, when he bad
* received his instructions, he would make a
* disoovery,'
«< This Examinant further saith, he was in-
formed, That this Keeling called his brother
(who was a smith) from bis work, saying to
him, * Trouble not yourself about working^ ;
* for, if you will but swear, you shall ride in
* your coach and six horses.'
** However, this Examinant saith, Keeling
was not produced at all ; and he believes the
reasonef itto be, because some were apprised
of the defence which the lord Russell could
have made against his evidence.
'' The said Examinant deckreth, he knows
nothing of the manner of &e return of the
jury.
(( This Examinant saith. That, the session
hefore the lord Russell was tried, there were
some Jesuits to come upon their trials ; but
yet, tnouffhthey heard all the king's evidence,
they, haa their trials put off^ and the juries
were discharged ofthem: but Ihia examinant
•aitb, That the lord Russell could not'bave an
hour longer allowed him, aUhough he desired
hut tiUme next day ; and that too was, be-
cause he could not ffet the subpoenas- but the
night before, and therefore could not have
his witnesses there to testify for him.
«< Thb Examiuani $bith. He does not re-
member the names ofany of the other judges
but Serjeant Pemberton.
<* And he further saith, That, as soon as
Jefferies saw this examinant to speak to the
lady Russdl in Court, he caused him presently
toM turned out of the Court.*'
The EXAMINATION of Mr. SAMUEL
JOHNSON, taken the 20th Nov. 1689.
«Thia Exammant aaith, That be had
brought the hml Rnssell's sp^edi, written
with his own hand, who oertoinly knew best
what per^ns were caoeemed in his murder.
And saith. It was fit to hear his own dying
words, to find on whom he laid the charge «
his death, though he had the Christian dmrily
to forgive them.
" Then this following danse was read :
' I pray God, this is not laid to the king's
eluur^, nor to the counsel, nor judges, nor
shenfis, nor jury ii I pray God, forgive tbcna ; .
and for the witnesses, I pity them, and wish
them well. The worid is but like a do^-
kennel ; the master says, * hang this, whip
< the other and feed the third.' '
" This was before he died, just ahoot the
time- of the struggle about sherifls ; < and,'
said he further * irom the time of choosing
< aherifis, I concluded, that the heat of that
* matter would produce some tbinr of this kind.'
" This Bxaminantsaitb.That the kyrd Rossdl
told him, before any of the Protestont plot was
so much as mentioned,. * he was very aensihie
*" he should foil a sacrifice ; and that aihitraiy
* government could not be set up in Enginnd,
* without wading through his blood.'
" This Exammant saith. That he was told by
Mr. Snow, who belonged to the Lords bouse,
< that Mr. Atterbury the messenger had watch-
* ed iJiout Montague and South'ton Houaea
* for some considerable time before the lord
* Russell was imprisoned.'
'* This Examinant then read anotbCT part of
the lord Russell's speech, which was this (im-
plying it to the lord's own case),
< T% kin with forms and subtleties of law, is
* the worst of murders.'
« This Examinant saith, he doth not remem-
ber the four gentlemen at present that could wit-
ness against Joeiah Keeling ; but he wilt en-
deavour to find them out. He confesses tfiaft
he can say no more that is evidence, or li&ea
witoess."
The EXAMINATION of Mr. NOKMAK-
SELL, <Mie of the Secondaries nf thn
Compter, taken the SOth of TTir^mhrr
1689.
" This Examinant saith, That M*. Grahaai
and Burton, who followed the king'ahnsinesa
in- general, were the nrooecvtors of tlie kxd
RiMseH.. fir Dudley North retumed the hny ;
and he received dtrectiona from him, and haA
the panel under his own hand, for the krd
Russell's trial.
'« Thia Examinant aait|i. That nr Dodky
had the books irom him, andfrom his brother
secondary ; and'that he ehoos the jury out of
several wards, andsent the naaMTaf dutm to
this examinant, with orders to summon Iheik
«' This Exunmant saith, That when l^^ao^
^»l STATB TRIALS^ S5 Cbablm II. i6S3.— >r High TWmmi.
[9«(
ratoni ftn* tiie Old Bailey, they do it
out of lerenl wards ; that oa, two, three, or
mar.
'< And this E3camiiwat ssitb, That Mr. Bethel
and hts partner were tiie first who beguk to re-
lorn the juries themselyes put of se?enl wards ;
that Mr. Shute and the now lord mayor did
the like i and some other sheriffii, upon some
special oocaaioD^, have done so too.
'* As to Mr. Cornish, this Bxaminant saith,
he did not return the jury ; but sir Benjamin
Thoroujffbafood did (t himself. This examinaat
saith, he kdows not from whence he had the
panel ; nor knows he any thing of colonel Sid-
ney.
«' This Examinant saith, That the Quo War-
nntos were brought to him, sealed, by Burton
or Graham, or some of dieir clerks ; and he
rexuembers, Mr. Tiodale wasone of their derks.
** This Examinant saith. That he knows no
thinff of the regulatort, nor any that asserted
the kind's dispensing power, save the jodffes.
** This Examinant saith, He doth not know
that sir Dudley North packt the jury, or that
any one was with him when he returned it.**
The EXAMINATION of Mr. EDWARD
TROTMAN, One of the Seoondariei of
the Compter, taken the 20th of Novem-
ber, 1689. >•
* ** IjuM Exammant saith. That he supposes
tiiat draham and Burton were the prosecutors
«f tiic lord Russell and of alderman Cornish ;
but he knows nodiing of colon<^l Sydney.
*< This Examinant saith. That sir Dudley
North sent for the secondaries books, and re-
tamed the lord Rossell's jury himself; but
this examinant doth not know that he had a
■ole of the names, or did it at the instigation of
Anyone.
** This Examinant saith, That juries have
been nurioosly returned; but be knows not
that juries were returned out of several wards
till two years before the lord RnsselPs trial ;
the usual- way was, to retnm them out of two,
three, or (bur wards.
**Tlri8 Examii^ant sAith, He knows not
upon what occasion Mr. Bethdl returned the
jsries out of several wards ; but he does not re-
member that any one suffered in Mr. Bethell*s
time.
** As to the Quo Warrantos, this Examinant
sttth. That he knows nothing of them, they
were carried to the other Compter ; but be
Mppoees that Graham and Burton were the
prosecutors of them.
«« This Examinant saith, That he knows no-
thing of the dispensing power.**
The EXAMlNATIONofSir PETER RICH,
taken the SISnd of November, 1089.
• c^This Examinant saith. That the lord
RwBell was the only person sntfered when he
svas sheriff; but he luiows nothing of any ad-
or proecatoft in the lordRMMl^t case.
««This Bzaminant ttid^ That, all the tuno
of his shrievalty, he never ompaodM an^
jury, or signed any pand, to the best of hif
knowledge. Bat this he says positively, that
he never saw or knew of the panel till he heard
it read in court.
<« This Examinant saith. That he did go
alon^ with the lord Russell to the scaffold ex
cffietOj as he was sheriff; and the other sheriff
was there also. And he saiUi fnrther. They
were both commanded to do so.
** This Examinant saith, That he would not
meddle in the return of jurors ; fbr^erewas
such a load discourse of packing of juries the .
year before, when the then present lord mayor
and Mr. Shute were sheriro, that he was re-
solved he would not return any juries in his
year; nor did 'he; nor were the books sent
him by the secondaries.
** lliis Examinant saith, He doesbelieve that
either the secondaries or sir Dudley North' did
it; for he had not the hooks of the several'
wards (out of which they name juroni) senthim.
« This Examinant further saitb. That fhe
usual practice of the returns of iurors in the dtf
of London, as he understands it, is by tho
secondaries, and in Middlesex by the under*>
sherifib ; and he saith, he never was asked
dunnff his whole year to eimianel a jary .
*' This Examinant saith, That he knows not
who were the regulators of London ; but he has
heard of several as sir Nicholas Batler, Mr«
Charles Duncumbe, and several defks of com*
panies; and that Aaron Smith was one Of
them.
«« This Examinant saith. That sir Francis
Pemberton, and he thinks sir Thomas Jones,
were judges.
*< The king's counsel were, sir Oeorge Jef-
feries, sir Biobert Sawyer, Mr. Finch, and he
thinks Mr. North, snd another young counsel ;
sir George Treby was recorder.
*' Mr. Graham and Mr. Barton were prose<*
cutors ; but they were never with him about
the trial ; nor were they, as he Knows, with
the other sheriff, or brought any panel to the
secondaries.**
TheEXAMINATION of Colonel GODFRET*
taken the SSnd of November, 1689.
<«This Examinant saith, That^edoke of
Monmouth shewed him a paper quickly after,
that is to sav, within two or three days after bo
surrendered himself, which paper was a de-
claration, or seeming oonfirmatioa of that plot
with which the lord Russell and oohmel Sidney
were charged.
*« This Examinant sailii« HojOiinks the-pancr
was signed with the dake's name to it ; but
the paper which the duke of Monmouth got
from -the king, was not the same with tlio
other. And he saith. He believes be did not
see that piqper; but the duke told him, after
the paper had bean sent to the cooncil, 'diathe
* had signed such a paper.*
u Thjs Examinant saith^ That he iiiide»-
i
$67} STATE. TRIALS, 35 CflAUfiS IL l6BS^Tnal cfJ^iimm^SUbuf, I96«
.stpod by kim in (he gpoenl, that dMit vaper
was a confirmation of the .plot upon whidi the
lord Russell and colonel Sydney suffered.
*' This Examinant saith, That he thinks the
duke told him> ' that Ihe lord Halifax per-
' suaded him to sign that paper ; and the rea-
* 80i:s which he said the lord Hali&x used, in
* persuading him to it, were, that he might keep
* at courty and be near the king; or else he must
* begone from thence.*
/'This £zaminant saitb, That the first
Aigfat the duke cam^ to court, he went to visit
him, with sir James Forbes ; and the duke
told them> * how kind the king was to him,
* in giving him his pardon ; and that he be-
* lieved he owed a great deal of it to the lord
* Hali&z;' and several times he heard him
say ; < that tbe lord Halifax had been kind and
* serviceable to him."
" And this F.Ttminant further saith, He
never heard that the duke owned any conspi-
racy to the king beibre he signed the paper ;
indeed the duke of Monmouth said, ' tnat the
< king told him, he must submit to be asked
* some questions in public concerning the plot ;
* and that he must submit to him, and not^fier
* to contradict him.* *'
The EXAMINATION of ANTHONY ROW,
esq. taken the S^^nd of November, 1689.
«< This Examinant saith. That the duke of
Monmouth sent him to the king with two or
three letters, whdm he found very angry at
the duke for the company he kept, and parti-
cularly with the lord Howard : ' for,' the king
said, ' be was so ill a man, that he would not
* hang the worst dog he had, upon his eri-
* dence.'
<* This Examinant saith. He heard that the
duke of Monmouth had a pa^ given him from
the king, to consider of; he seemed unwilling
to sign the naper ; but at last consented to do
,it, provided ne ought not be asked to sign any
mer.
'' This Examinant saith. That he being in
the bed-chamber when the king told the duke
he should not, he does not know whether he
■igned it or not.
' ' <' But this Examinant saith, That that paper
was ^ven to the king, and shewn to the
council ; but, they not liking it, it was either
burnt or toni, <and another paper was dnwn,
^<Alidthi& Examinant saitb. That about that
.time, there being something of this put into
the Gazette, he acquainted the duke with it,
who was so much cuspleased at the news, that
be bid us to tell every body we met, *• that it
> was false/
<* And this Examinant saith. That he domg
f» the duke had ordered him in a coffee-house,
that night; the king was acquainted with it,
and sent for this examinant early the next
morning, and reprimanded him, and told him,
* that he did the duke of Monmouth more hurt
* than he was aware of;' and likewise com-
jwmded him not to «ye»k of it «oy -oittre.
" ThisExMDiiiMitfi^, That tbe doits tflM
him, ' he was resolved not to aign the acpan4
paper.' « And he saith likewise. That oiic day
allerwania, about noon, when he with Mr.
Godfiney and Mr. Barker were waidng to the
outwara room at his lodgings for him, tbe ksd
Hallilax being with the duke and docheaa in
her room, the dnke came out to them once or
twice, and at last told them, * he had dose it.'
*' And this Eiambant saidi. That, that niglit
wherein he had signed the paper, he seemed
angry with himsd'; * fin*, he said, it might
' hurt other people ; and that if it had cen-
* cemed none but himself, he had not cared ;
* but ho would not rest till he had got the
* paper again;' and the next morning the d^Lc
told bun, * he had got it.'
<« This Examinant saiih. That the daka
told them, ' the king had often pressed hini to
sign it ; but when he did sign it, he know
not that there were any in^ the room hssidei
the duchess and the lord HaUifax.' The duke
said, * he was often with the king ahom the
Eper;' and told this examinant^ 'thattbo
Bgsaid, He should never see his fi^e moie,
if he did not sign Uie paper ; but, if he wooldp
he should ask him nothing bat what he woidd
grant.'
'< This Exhminant nith, That Ae dob
told him, after he came oat of tiie dndiess's
chamber, < that the lord HaQifiuc had oftcr-
' persuaded him, and made him do it, and en-
' gaged to him tliat the king shMd never 1st
^ tne paper be seen ; and told him, thia was
* the time to fm the king's farour.' Bat 1km
examinant saith, it being so long ago, he oqIj
declares his belief, ^coording to the bnt cf ba
remembcance."
The EXAMINATION of Sir-BENJAm!l
THOROUGHGOOO, taken the 2Snd ef
November, 1689.
<' This Examinant saith. That he was one
of the sheriffii of London at the time when Mr.
Cornish suffered ; but he knows nothing of )be
lord Russell, or of any thing else <^ the order.
<< Thetwosscondaries brM^ht him the boohs,
and he saw them return the jury; and he be-
lieves there were none but tlie two seoondanes
and their clerk at his own boose, and he bad
no names brought him.
'< This Examinant saith. That he knows
not out of how many wards the jury was ie»
turned; but he thinks they weie out of naeat
of them, and believes it to be tbe custom of tbe
city to return juries so^ and he thought it a
piecpof ju«dce in him to soe the jury iairly r^
turned, the gentleman that was to be tried bar*
ing been one of his late predecessors.
'' This Examinant saith, That the jnry were
of the sofficientest men dt the city of Londoo,
and he belietred them to be good men ; and be
saith, he believes that all the -men who senred
on that jury were those he returned.
(« This Examinant saith, That be letunsd
tl^ jury o«t of 10 maoy.wifdiy brawfo hi
969] STATE TRIALS* SS^Chables U. iS^s.^f&r IBgh 1\rmw. , [97^
sof^Med tbe Wril did 4lirect them to be choflen
om of the body of the city ; aud by * Miffi*
' he meant the aMMt and honerteet
«< This Ezaounant aaith, That he ne?er was
Arnke to, during all the time he wae sheriff,
alout the retarnioc a juryy directly or inrli-
rectly, neither by Barton nor Graham, nor by
any other pereon ; bqt, as the seoondanes read
the names, he ordered them to put them down.
«< Thia Esaminant aaith, That he knowa
aothing of the other heads^ but he was turned
•Bt; and Mpsson, a papiat, was put m his
room."
The EXAMINATION of PHIL. PEREB,
taken the S2d of Nov. 1689.
« This Examinant saith, That be hath been
majt years clerk to Mr. Trotman ; hot he was
ttot by at the return ot the lord Russell's jury ;
yet saith, he made a copy of it, and that was
under sir Dudley North's hand ; but he con-
fesses he did not see him sis^o it, though he
▼erily believes it was sir Dudley North^ own
<* As to Mr. alderman Comish*s Jury, this
Bzaminant saith, That he was with his master
Trotman at sir Benjamin Thorowgood's house ;
and he behoves that the other secondary was
there, also ; and they had the books of b^ the
Compters. And this eiaininant saith, that he
writ the names as sir Beajaaihi Thorowgood
directed him ; and he believes the jury were
sobotantial men, and men of the best reputa-
(i
This fixamiqant further saith That in ju-
ries in common cases, the pannels used to be
returned out of two or three wards ; and he be-
li^res these juries to be impartially returned.
And he saith, that Graham and Burton never
brought any names of the pannel, nor were
tfaey any ways concerned in it."
The EXAMINATION of Sir DUDLEY
NORTH, taken Nov. 25, 1689.
might be the more substantial men ; and, to
the best of his remembrance, he saith, thttt air
Peter Rich eonouired in this jury.
«« This Enminant saith, That if sir Peter
had opposed it, he should not hare done it ; and
alap saitb, that he never undovtood that a iury
was to be returned of men that lived all t^
gether. And he saith, so far as he remem-
bers, the juries before were letumed by the
secondaries; but, this bein^ a very ertraordi«
nairy business, he thought it requisite to take
eare of it himself.
«< This Examinant saith, That he snpposes
a jury might have been returned formerly out
ot as many waids as this was. He connsses^
he had no ordera nor directious from any nuns
alive, to take care of this business ; butne ve*
turned this jury as* he thought a sufficionfc
jliry ; and he returned it without frand or any
sinister end, or without any direetiope fhmi
any man or woman.
« This Examinant saith. That be was a
freeman of Lfondon ; and being so, the lord
mayor's officers came to him, and told htm.
*• he was drunk to, as sheriff of London.* Af-
terwards, he saith, he was sent for to the lord
mayor and court of aldermen, to seal a beiii
to execute the place of sheriff. This nrawi
nant saith, he excused it, as being anq^nhfied f
but he was told by them, * that he |BUit asal
* a bond to pay l,000i. or else take upsD Vm
<the office;' which he did; and he aMththal
he was 3,000/; out of purse by it ; and whidh
he never had Sgain, either dnreetly erindi«
rectly.
«« And this Examinant saitb, he tlmks be
was a legal sheriff; and he was not prevailed
with nor persuaded by any others to take apso'
him the office.
«' This Examinant saith. That he teek m
oare of what opinion the jury were, hot Unljf
* that they were substantial men ; and that he
I eonsuhed with none about taldngthsphee of
sheriff, but the hnnd mayor and aidernen.
«« This Exammant saith, That, he knoweHl
nothing of the two hMft heads.*'
CI
£3BBittinant saith, Tliat he knows
nothing' of the prosecution, or of any thing
that rebrtes to it. He acknowledges that he
•apannelled the^imies in the summer session,
which was the tmie wherein the lord Russell
^ras tried ; at other times, the subordinate offi-
^cers did it
. •' This Examinant sailh. That at that time
ke did it himself, the other sheriff nerer em-
pnonelled a jury that he remembers ; and this
jitfy he empanneled of his own accord, and
vimout any directions.
«' And this Examinant saith, That, to the
best of his skill and knowledge, he returned
the best jury he could, without observing any
ward ; and he went with a good conscience
«pon his oath, and returned a sufficient and
•ttbatantialiury.
• «« This Examinant saith. That he drew this
jsiff owtofaereral vvrdsi becanse that they
The EXAMINATION of HENRY dUSP.
esq. N Common Seijeant of the City of
London, taken Nov. 95, 1689.
'< This Examinant saith, TbathehathbeeQ
about 11 years common seijeant; and that the
precept to return iuries (which is directed to
the sheriffii of London) is, to return them eot
of the body of the City of London; indeed,!^
saith, he hath known juries returned not of wt
wards, and never out of fewer than four j but
this Examinant saith, he doth not know onte^
how many wards the lord Rnssett't jury were
returned.
<< This Examinant saith. That as to the tw»
last heads, he knows nothing of them ; bvt
confesses that he was in court at part of the
lord Ruaseirs trial. He saith, that sir Franeia
Pemberton was one of the judges there ; and
he thinks that air ThoflMS /ones wasanother^
971] STATE TRIALS/35 Charles tL 1683.— IHs/ of Algertum StAuy, [972
And he sajB, be was at Mr. Cern»h'8 trial tiQ
Skiepben) came in.
'* This Examinaiit saitb, That lie remem-
btrs, the lord Russell' desired he might be
heard bj oounsel, and that they migrht bare
time to oonsider cif it. But the court would
hear them immediately;
<< This ExainiDaiit saiih, That he doth not
Imow any thing on the second head ; only he
bear^ it was done at Whitehall, in a com-
4nittee.
<* This Exammant saith, That Mr. Chiffins
sent lor him, by the king^s direction, to bis
lod^ngs in Whitehall ; where he found his
migesty alon^ who asked him some questions
conoenung taldn^ off the penal laws and test
«« This Exammant saitb, That be knows
■othing of who were the regulators for the
city m London ; but the late lord chancellor
told the court of aldermen, < that such and
' such were to be turned out.'
The EXAMINATiqN of jDr. H. CHAM-
BEKLAINE, taken Not. 25, 1689.
«< This Examinant saith, That he knows
Dodiing oonceming the 'first bead, nor who
were the adTisers of bringing Quo Warrantos.
But he eaith, that, meeting acddentaily the
lord Halbftz in the gallerv at WhHehall, diis
cnminant asked his lordship, * whether he
* thought the aldemien were to bhune, who did
^ « defend the city charter ?'
•« This Examinant satth, That be belie?es
bis lordship did not blame them ; but he said,
* the king must or will hare the charter ;' but
he saith, he rather thinks it was, < the king
* must hare the charter.'
«« This Examinant further saith. That be
bdievei he might teU 4bis, as news, to the duke
ef Monmouth, the lord RivMell, and some
others.
\ >« And this Examinant saith, That it was
for the sake of or John Lawrence, that he
ailced the lord HalUto that question ; and he
saith, that he gave sir John advice to be cau-
' tious in what be did, he being one of the
oammit.ee appointed to defend the city charter.
'* This Examinant >aitb. That he knows
Nothing concerning the third head."
The EXAMINATION of JOSIAE KEEL-
ING, taken Nor. 35, 1689.
«< This Examinant saith, That be doth not
know that he was taxed with being drunk at a
itaffee bouse bv any gentlemen a little befbre
the trial ol the lord Kusseil ; but saith, perhaps
it miif bt be so : nor doth this Examinant re-
Hiember that he said to any one that he was
ininy disorder; but he saith, he had some
ttottbte of mind upon him for sometiiing be
had done ; but utterly dtmies that he then said
any such thing.
" This Examinant also saith, That be did
not then confess be was to meet any gentle-
men at the ^Bii9 to receive instnictioos how
and what to swear ; and this examinant denica
that he told the earl of Lincoln « that he would
^ never confess any thing against a nbblemas i*
but be saith, that he told his lordship, < that if
* ever he knew any thing a^punst the govem-
*ment, he would certainly discover it; but-
' an^^ thing that bad passed in private conver-
' sation^ he wookl never discover.'
** This Examinant saitb. That RngrfKrid
and Goodeoough having told him, ' that they
* had a design to take off the king at the Rye ;*
that was the real -cause of hiatteubie m mmd.'
But he denies that ever he said ' he was lo le-
* ceive instructions to swear.'
« This Examinant saith. That he was anb-
p«enaed, on behalf of the long, at the lord
Russell^s trial, oii captain Waloot's account,
and others ; and that he gave evidence agaiaat
the captain. And he doth say, that he was
there during all the time of the lord Russell's
trial ; but knows nothing of anyinstrudioaB
that were given to himself or othoa against,
tbe lord Russell ; and what he swore agaiosl
Walcot, he swore voluntarily, without any
body's instructing him.
" This Exammant ssith, That, after he had
informed against Rumbold and Goode&oughy
be took his brother (who .was a smith) to the
secretaries, to give in his information of what
he had heard, because sometimes he took him
along with him vrhere he heard these people
say the same words as he did.
** This Examinant saith, He doth not knew
that ever he Udd his brother * he shouM rsde
* in a coach and six horses if he would swear.'
** This Examinant saith, That he made ap*
Klicationstothe lord privy ^#eal, who hdped
im to his place in the victuaUing-«lfioe ; and
he saitb, he thmks also, that he made his ap-
Elications to the duke of York, in which place
e hath continued till within these six weeks ;
and then' be was turned out by the lords of the
treasury.
«< This Examinant saith, That he hath beeo
at the Gun tavern in Wapping with Ua
cnstpmers ; but denies that ever it was ^to re*
oeive instructions what to swear.
" And for* his place, this Examinant saitb.
That he applied himself for his place to tbe
lord privy seal, upon no other oonsioeration than
that ne was a gireat pei^, and a lord of tiie.
privy council ; and he knew him, as be had seen
his (ordship, both in tbe privy council, and in
that which sat at the secretaries ofllce : And
this examinant saith, That his lordship pro-
mised to speak to the king for him ; but be
doth notknew for certain whether he did or net,
though ^e believes be did, because he obtained
his place.
«• This Examinant saith. That he went to tbm
lord Hallifax, to his lordship's house, the fint
time he spoke to him ; aiid afterwards he re-
minded bim as he was going up inu> the gal-
lery at Wbituhalt ; and aftdr that, he heaiu he
was put into a place in the victualling-office.
*' Tbaterema^, this Examinant saith, lie re-
tuxnedhiskwdshipbistbaiiks; and frooi that.
973]
STATE TRIAl;S, 35 Cif ARMS II. l683.-/(fr High TVecimL lS74k
time tD this, fae hath not spoke toi his Itfidshlp,
nor fae to him, as he remembers.
«< This Examinant saith, That he had not his
emplojmeDt till after the lord Rnssell and
ethera were ezeculed, he b^teres not till the<
1st of JanuaiT ; he confesses that ho did re-
eeiTe money rrom the lring>, as subsistence.
<< This ^xaminant saith, He doth not know
llie gentleman who ffaye him the note upon
Mr Doncomb the bai&er, for 500i. ; bethinks
there was'one Guv's hand to it ; but he saith,
1m reeeired not this note till long after the
trials were orer.
** This Exaroinant' saith, That his miyesty
told him, * he should abo have 100/. a year ;'
hot he never had it, nor ever sued lor it ; he
never asked the king ior any thing J>ut bis
pordon ; and that he wanted, as beiog privy to
the desbp of killing the king at the Rye.
" This Ezaminant saith, That Evans the
messenger carried him to the king."
The EXAMINATION of Mr. HENRY COR-
NISH, taken the 35tb November, 1689.
*^ Hits Examinant saith, That he can say
BOthing concerning the lord Rossell, colonel
SMney, or sir Thomas Armstrong ; but
saith, that his father was kept close prisoner
ftmn the time of his commitment to the day
of his trial; and that captain Richardson
wwild not admit any of his friends to come to
him.
' «« And this Examinant saith, That he went
to NormanseQ, the secondary, for a copy of
tfie pand ; and that either he or his clerk told
hjra, ' that Burton and Graham had got it;'
and when he came asain in the' evening to
them lor it, one of them told him, that they
bad received express ofden from above, not to
let him have it^'
The EXAMINATION of Mr. ROBERT
YARD, taken Nov. 39, 1689.
** This Examinant saith. That the adver-
tiicment concerhing the duke of Monmouth,
vHudi WM pot into the Gaaette, about the time
Im hid a pardon, was, as he believes, what
waa treatep of in conncil the day after the duke
CHDein; and be saith, that, to the best of his
semembranoe, it was the grring in an account
of what pluned between the king and the duke
■t hii coming in.
«« And this Examinant livther saith. That he
■eictived the paper either from tl^ lord Sunder-
land, or sir iJeoiine Jenkins; but he remembers
Mol partieukriy f rom whom of them; lor he
mith, tbuat either of the seeretaries give dicec-
lions as to the matters tfaat are to be put into
the Gaaette.
>»
The EXAMINATION of Mr. JOHN
PHELPS, taken Nov. S9, 1689.
<< Thin Eaminaot saitb, That what he beaid
KetlingjKy, was •t^aePleeoetaveni in Com-
1
hill, where Keehng came in to some company
with whom he was ; and some of them ea^.
qOiring into the reason of the disorder which
he seemed to be in, KeeKng told' them, * That
* he lay under a very great temntatioo, lor hm
' had codfeaderable promrs nlade Iiim of money,
' and a place worth 100/. or 80/. per annum, to
/ do something lor them.'
«< But this Examinant saith. That Keelmg
then told them, *• he knew nothing ;' and de<^
desired the company to testify, ' that he was ^
* rery villain, if he swore any thing against
* any body.*
'< This Examinant saith. He thmks that
Keeling said, *' he was to go to the Bull-head,
* in Tower -street, to treat with great pawns
* about it ;' this was a week bobre tne dis-
covery of the plot.
«« This Examinant saith. That KeeUng did
not mention who the great men were, whom'
he was to meet.
«< But this Examinant saith, That he was
ready, at the lord Rossell^s trial, to have wit-
nessed against Keeling; and he would have
oome in, if he had tieen called ; but he was
only desire^aniP not subpesnaed, to be at the
lord RusselPs trial.
'* This Exanunant saith, That he was never
asked to come in at any of the other trials ; and
mdeed he durst not appear at the other triaUi.
«< This Examinant saith. That Mr. Monri%
Mr. Hagar^ Mr. Bates, and Mr. Haly, were
present, when Keeling talked as before hatk
oeen declared.
«< This Examinant saith. He knew not that
Keeling was a witnem agamst captain Waloot
tiU after the trial waa over ; and he cannot re*
member whether he knew of Walcot*s trial
before he was tried or not ; he believes he was
out of town about the time of the trial of Wlk^
cot, as he often uaed to be for his heeHh;
but he saith, he heard, before the trial of
Waloot, that Keeling Imd made a discovery
of the plot.'
i>
The EX;aMINATION of Mr. THOMAS
MORRIS, taken Nov. 89, 1689.
^ This Examinant saitht That he had no an-
tioe of captain Walcot's trial, but by common,
lame, till after he was tried.
« And this Exanunant saith, That he never
saw Keeling but once in his life, and that waa
at the Fleece tavern in Comhill, with about
half a doxen persena mora; and then ba
thought he hwked melancholy, as if he had
b^en distnriied or disti acted.
« This Examinant satth, Hebalievea thiA ha
was knownto several of the company, tboogk
he was an absolute stranger to-hmt.
«* This Examinant saidi. Ho doth not re-
member that any qoestbnft were asked Keeling' ;
bathe said of himsdi;- < Tbat he waa sent to
^bythekirds in the Tower; and two or three
* gentlemen, who came firom them, told him*
'That hki party had disobliged him, and now
* he had an opportunity to revcage bimeelC e£
of tile company asked Keeliog^, * W by , be
* troubled them with thii diaeoorae?' aayin^,
' if be knew any thing againat the |p>Fern-
* ment, it waa : bia dnty to diaoover it :' To
which ELeding) io-replv, told them this ; * Be-
* canae, said he, if 1 should be |>revailed on by
* the temptation of money to witness any
* thing, you should be able to testify sffaiost
* me, that I had declarad I ki^ew nothing m
* agitation against the gorerament.*
'« This Examinant aaitb, That Keeling iM
thia to the aaid company two or three dava (to
the best of his remembrance) before he beard
any soch thing as a Presbyterian plot talked
of.
** This Exanunant saith, That Keeling told
them, * it were thegentlemen that came from
* tbe lords in the 'Hnter, who promised him a
* ffreat reward and a good office ; and that he
^ nad ra^ them once, and thus to meet them
* again that night at a tavern in Tow^er-street.'
He doth not betieTe that Keeling was in drink.
•< This Examinant aaith. That he was not at
captain Walcot's trial, for he befierea he was
then in the country atWimbleton: He be-
lieyes hO aoqnainted sir William Ponltney with
what he heard Keeling aay, before die lord
RuaaelPs trial; and be also told it to Mr.
Stephens; whereupon, hewsa snbpcMaed to
the lord RusaelPs trial, to which he went ; bat
the trial waa not till three or four daya alter the
time that he was directod to attend.
*« This Examinant aaith. That « seoend snb-
Mena came the nirht before tfaetrial; but be,
Mng hota home, did not receive it till after the
trial was ooer.
** And this Examimmt sahh, That he did not
know that Keeling was a discoYcrer of the plot
till after the triid of captain Walcot ; for he
WW than at WimMeton, and it was sent liim
for Diewa, as if he had been 100 miles off.
975] STATE TBIALS» 35 Chailbs II. l6a5«-^3K«/ ^ ^^«fiMi SAwsr, [976
*thein; aa«lio»<halheopnldliotbeuiseiiaibie
*theet were some persons who designed
* agiiDSt the govemmeot ; and, if he woukl
f duooTer them, he ^ould hare an office ;' but
he knows nothing of the valiteot it
«' Thia Examinant satth, That hereupon, one
i>
the EXAMINATION o7 Mr. PETER
HAGAR, taken the S9th of November,
iaa9.
«« Thia Bxandnant aaitfa, That about three or
ihar days before that Which was callsd the
PreHbvtenaa pkpt hroko out, Mr. Keeling
^eame in ooupany where he was, at the Fleece,
in Cor^hilt, and seemed to beTery mveh dis-
ordered ; and toM the company, « no had been
* with some persona of ^oality, who aaid, to
* him, he had now an opportunity of makang
< bolh bimaelf and his fomHy, and oflered him
* too/, pter annon ; and aaid, he might ride
^ id his coach andaix horaes to Windsor.'
«« This Bxanainant saith. That Keeling told
him, * he was to aneet some penons of quality
"« that night, ^ he thnika M laid >hildS| wim
« whom ho M been hifon..'
Exaaainant aaith; H was in order (as
he understood by Keeling) to dtscover a phk ;
and he told them, ■* that if he should beoo far
' prevailed with as to nwear, Keehag deiired
* us to bear witnesa against him, That he then
*. declared, be knew nothing wherewith to
' charge any pesaon living ; and if he did
* hereafter give evidence against any person,
* he himself then said, he waa the grealeal
' rogue and villain in the world/
** And thereupon, this Examinant anith, One
of the company advised him^ ' That if h«
* knew any thing against the king' or govcnt-
* ment, he should dedare it ; but, if ho knew
< nothing, he had not best to go to them, for he
'could not tell under what tomptalioos hs
< mi^t fall.'
''This Examinant saith. That Keehng tsM
them, ' he would go, because be hod iif»*
< mised'them in the moniog to meet tDcm
* again that night.'
" This Examinant saith, That, wheo he
heard of the lord Russeirs trial, he acqnaiDled
the lord Russell's servants wtdi what be faalh
now sworn; and he attended at bia lordship's
trial, but Keeling was not pvodooed there aa a
witness ; and be saith, he also spoke of thb
matter to othen, but neyer to any
it
'< This Examinant saith, He thinks he
Keeling "was a. witneas a| capj^ WalecM^
trial; but he did not then offer himself to he a
witness, because of the difficulty of the times.
^ Moreover, this fixaaunaot aaith* IVre
were in his compaiiT, at the Flseee, Mr*
Morriay captain PliJpa« Mr. Hornby* Mr.
Grange, a brewer in Westmioatar, Mr.Halc^.
and Mr. Bates, when Keeliog was there*"
The EXAMINATION of Mr. ROBEftT
BATES, taken the 29th of November,
1689.
cc
» •».
This Examinant saiib, That ho was aft the
Fleece tavern in Comhill, with Mr. Monis,
captain Phdps, and others, when Keefing
came in, like a man in a maae y whereapao,
one asked him, * What was the mallsr I*
Keeling answered, ^ Howasofood aome nss-
' ney ; he could have a place worth t90L per
* annum, to mako 4 discovery, or to '
' some people of a plot against the
< ment.'
'* And this Examinant saith,
toldtbera, « Thai he had met some gentleiiieii*
' or lords, of the Tower, and was to meet them
* again ; but he know nothing in the worid.'
•' This Examinant saith. That one of the
company told Keeling, ' That if he dU kaow
' any thmg against the government, ho would
' do well to discoYcr it; if not, he would da
* well to keep out of such temptation.'
*' Afterwords this Examinant saith, Keding
broke out into a passion, imd said, ' He knew
' nolhing at all ; and desired the company, if
'he should make any disoovery hemmr^ ti>
^ hsor wimem aaiinst hnia.*'
»rT)
STATE TKIALB; 95 C^Uktts U 108^;«^ JS^ D-etfMR. (97%
ind 6tfMM» wben ili«y vent to the esEdbftng^;
but he remembeii not fbnx be ireiin Btryngmtf
er trouUe of miiid dwie, or Uuit he li£ hii
eomiHuiy, «tlict he wee toioeel aaiy perpeoe
* floneenuirg the dieeoreiy at a plot, or thiM fa*
**TbH Exmnntiit with, That, eome tiiM
after, he saw KeeUw come into the Ametefthmi
ooflhe^hoiMe, wkh WflKaai Rombold, a brenrer,
ftfler a mere wild manaer tl^m before, and eaid
idoud, < Gentlemen, It k imotted, that 1 haT*
« dieoofered apfot etfunet the duke ef Men-
« nootbi the bid RiMMllf and others ; hot 1
•< know nothmg of it, and am faMy a«ensed;*
ortethateifeet.
*«Thia Bnmiaant astth, That he nercr
heard Reeiinr name any body that offered him
nBaney; but ne heard him say, ^thatbemiwht
* ride in a eoaeh and sio: horses to Windsor.'
" This Ezaminantsaith, That he believes he
told this to 90 people, before the lord Russell's
iriat And he nith. ftirther. That Keefing
med 1o be much in their company for a year
before, for they had a kind of a club.
«« Ovt tUs Bxaminaot saith. He doth not
raaember that he heai^ that Keeling' was a
witaess agmst Waleot ) hot he heard he was
• dieeofwer of the plot; but he dethnetre*
member the time when he heard it.*'
* was eirer promised a jfroat, or any employ-
* ment^ or that be des&sd them to bear wit-
The EXAMINATION of Mr, RICHARD
HALEY, t^ken the 39th of November,
1689.
** ThisExaminenteatth, &at, some few days
-before the diBcorery of the presbyterian plot,
Keelbig eame into the Pleeee tavern in Com-
• kill, into the room where he was with other
oeuipaiy. - Keeling was seemingly eonfnsed ;
and said, * he had a great offer niade him, or
' 190/. per annum, to be a discoverer of a plot ;
* htk he khew of no plot ; and desired the oom-
* pany, if ever they heard he should discover
* any plot, or be a witness against any one, to'
'bear witness against him, for he knew of
' none.'
'* And this Examinant saith, That, Keeling
told them, *■ that he came from some great per«
* sons } and he was to go to them again, to ^he^
* Tower, or the Bull Head tavern near the
^ Tower, that night.'
** And further this Examinant sttth, That he
^ delh MCnemember that he spake of this to any
•ne; foi^ times came on to nst, and proved so
dangmus, that he was afraid to speak of it.
^ This Examinent saith, he was at the trial
of the lord Russell. But foitfaer saith not.''
The EXAMINATION of Mr. JO^AH
idOORE, taken the 29th of November,
1689.
a This Examinant saith, That he knows no-
thing conoeming Keeling, nor of any of the
headi mentioned in the order."
The EXAMINATION of Mr. JOSIAH
KEELING, taken the 29tii of November,
1689.
«»This Examinant saith,That the Fleece ta-
vern in ComhiH was constantly his tarem ; as
alio Mr. OiMige's, Mr. Morris's,. Mr. Haley's,
* ness agaanst him, if he pretended t9mf any
< thing of any plot; or that he knew notlmig
* of one.'
<« This Examinant saith, That, after he dkl
disoovcr the plot, he was in danger of hhi life,
from three of these men.
«• This Examinant saithi He was sub^naed
as a witness against Vf alcot ; and he heatd the
trial of the Utd Russell, Ndiig carried thither
by e messenger, in whose oostody he Wtts flir
three roonths. '
«< This Examinant aaith, That he had not »
pardon tin two or three months after Walooi^i
and Hone's trials ; and he believes he had net
the money from the king, till after be had hie
pardon ; but he lived at his own chafge hi ihn
measenger^s Imnds.
'< He further saitb. That he was examined
before the hird keeper North and Mr. Sea^
tary Jenkins, the eu\ of Rochester and the
lord Oodblpbia being prssent; ahd he^wss
likewise examined by Secrettry lenkini adone,
before he went to the king. ^
^ This Examinant saith. That he knew no*
thing against the lord Russell, but upon hear*
say nnm Goodeoough.*'
The EXAMINATION of Mr. WILtlAM
MAN, takea the S9tb of November, 1689.
" Hits Examinant saith. That he knows no*
thing concerning any .thing mentioned in the
order."
The EXAMINATION of Mr. JOHN KEEL-
IN6, taken the 4th of December, 1689.
<* This Examimmt saith. He knows noting;
concerning three heads jnentioned in the order.
He saith, That he never discoufHed vnth hia
brother about any thing of the plot, befijre the
13(h of June, 1683, the day of its discovery.
« This Examinant saith, That on that] day,
his brother called upon him, abont nine or ten
of the clodc m the morning, and took him along
with him to a neighbonr's to drink; from
thence to a coflhe-hnuse^ where his brother
discoursed with one Hone, about gooee quills
and swans quills, the blackbird and gehmnd^
which he nnderatood nothing of; and ftmn
thence vre went to the Dolphin tavern, whe(^
they met with Geodenougn and others ; theHB
they talked of takins^ off the blackbird and gold-
finch, meaning the king and dnke iif Yerfc.
«« This Examinant saith, There was a lift
read, of dividing the city between his brochet
Joeiah and Goodenough. After they parted,
this examroant told his brother, ' he nnderatood
< not thai gibberisb, and^therefore would not b»
3R
SfrsH STATE TRIALS* 35 Chailbs II. l6^S^Hrka^ Atg^nm SBAuff [^9
* timn ; wdM^ iimi l^conkl not he infeMMe
*thei« ware lome persoiui who dengoed
* atfttDit tbe governmeot ; and, if lie woukl
^dnoovertheiDf he ibeuldha?e an office;' bat
ke knewi notfaing of tbe value of it.
«< This BxaminaDt nitb, That bereapon, one
of the compaoy asked Keeling, * Why, be
< troubled them with this diseoorse?' saying,
* if he knew any thing against the jpyrern-
* ment, it was > bis duty to discover it :' To
which Keeliog, io-replv, told them this -, ' Be-
* caose, said he, if 1 should be |>revailed on by
* the temptation of money to witness aoy
* thing, you shoold be able to testify a^ifatDSt
< ne, that I had declarad I ki^ew nothiog m
' agitation against the govemmeot.*
<« This Exammant saith. That Keeliog told
this to the said company two or three davs (to
the best of his renwmbrance) before he beard
any such thing as a Presbyterian plot talked
of.
** This Examinant saith, That Keeling told
them, < it were theflentlemen that came from
* tbe lords in the IVrwer, who promised him a
* great reward and a good office ; and that he
^ nad ra^ them once, and iHub to meet them
* again that niffht at a tavern in Tower-street.'
He doth not believe that Keeling was in drink.
•< This Ezansinant saith. That he was not at
captain Walcot's trial, for he believes be was
then in the country at Wimblehw : He be-
lieves he acqwanted sir William Ponltney with
what he heard Keelmg say, befbre the lord
Russell's trial; and be also told it to Mr.
SlapheDs; whereupon, he was sufapomaed to
the lord RosaelPs trial, to which he went ; bnt
the trial was not till three or fonr days alter the
time that he was directed to attend.
** This Examinant saith, That « seoend sub-
psena came the nirht before die trial; but he,
Mng firom home, did not receive it till after the
^rial was ever.
«« And thisEzamimmt sahh, That he did not
know that Keeling was a discoverer of the plot
till alter the triid of captain Walcot ; for he
was than at Wimbleton, and it was sent him
for newt, as if he bad been 100 miles off."
the EXAMINATION oT Mr. PETER
BAGAR, taken the S9th of November,
16g9.
« This RmmiT»tM aaith. That aboot three or
ibur days before that wfaieh was called the
PreHbytenaa plot bralm out, Mr. Keeling
^si^oe m oompany where he was, at the Fleece,
in Cor^hill, and seemed to be very much dis-
ordered ; and toM the company, * no had been
* vrHh some persona of ^oality, vrbo said, to
* him, he bad now an opportunity of making
< both himself and his lamtly, and offered him
* tool, per annum ; and said, he might ride
« id his coach andaix horses to Windsor.'
«« This Bxaminant saith. That Keeling told
Mm, * he was to meet some penons of ^oalihr
< that night, ^ he thnikB M said Joidei wim
« wtan M hid beea b«fbn.f
» -
^ Thie Exaaunant aaith; It was in order (as
he understood by KeeliDg) to discover a plot ;
and he told them, ^ that it he shoold be eo fiur
* prevailed with as to awear, Keeliog desired
' us to bear witness against bim. That be then
^ declared, he knew nothing wherewith to
* charge any pesson living ; and if he did
* faerevter give evidence against any person,
*he hinoself then said, he wis the greatest
* rogue and villain in the world/
** And thereupon, this Examinant snitb, dne
of tbe company advised him^ ^ That if he
*■ knew any thing against the king or gwwit-
< ment, he should declare it ; but, if 1m knew
* nothing, he bad not best to go to them, lor he
* could not tdl under what temptations hs
< might fall.'
«« This Examinant saith, That Keelintf tsM
them, ' he would go, becanae he had «<»*
< mised'tliem in the moning to meet tncm
* again that night.'
" This Examinant saith. That, when he
heard of the lord Russell's trial, he acniainled
the lord Russell's servants wtdi what be bath
now sworn; and he attended at hia lordship's
trial, but Keeling was not pvodnoed there as a
witness ; and he saith, he also speke of this
matter to others, but never to aoy aaagiairala of
it
<« This Examinant saith. He Jlhinks he knew
Keeling "was a. witness at captain. Waloat^
trial; but he did not then oifer bimaelf to he a
witness, because of tbe difficulty of the tiaea.
<« Moreover, this Examinant saith, tWra
were in his company, at the Fleece, Mr»
MorriBy captain PhJps, Mr. Hofsby* Mr«
Grange, a brewer in Weatmiwstm Mr.Hale^,
and Mr. Bales, when Keeling was there."
The EXAMINATION of Mr. ROBERT
BATES, taken the 29th of November,
c«
This Examinant saiib, That he was at ^
Fleece tavern in Gomhill, vrith Mr. Monis,
captain Phdps, and others, when Kectiiy
came in, like a man in a maxe y vrfaereapeo^
one aslced him, * What was the maHer ?*
Keeling answered, ^ Hewasoffored aome nse-
' ney ; be could have a place worth ISOil per
* annum, to make a discovery, or to im]
* some people of a plot against the
*ment.'
*' And this Examinant saith,
told them, • That he had met aome geptltMcn,
* or lords, of the Tbwer, and was to meet tkssn
* again ; but he knew nothingin the worid.'
«« This Examinant saith. That one of Ae
company told Keeling, « That if hedid km&w
* any thmg agahist the goyenunent, he would
* do well to discover it; if not, he wouU ^
< well to keep out of such temptation.'
" Afterwards this Examinant saith, Keding
broke out into a passion, and said, * He knew
' nothing at all ; and desired the company, if
he sh<Mild make any discovery hcraaAer^ ti>
aninst himiL^
97T} STATE TUAIJS^ 55 CsLAktMB IL l^i^^JStgk TV^ «tfn.
tl>7«
« Thk Fgtuimtit mkbi Tbat, Mmie iime
afUr, he saw Kedinff come into the Amittffdam
ooffee^hoiMe, wkh wQliaoi Rwnbokly a br#«r6r,
after a mere wild manaer tl^m before, and iai4
aioiid, < GeotlemeBi It k n»otted, that 1 hare
« ditcoirerei a otot Mmit IM duke ef Meii-
« nootbi the ierd RimmII, and others ; hm 1
* know nolhing of it, and am falsely aeeofled;*
ortetlMteflM.
««Thia Bnmiaaal saith, That he never
heard ReeUnr name any body that effered him
nBODsyf but he heard him say, 'thatbemiwht
* ride b a eoaflh and ste horses to Wmdsor/
<* This Examinant saith. That he believes he
Md thie to 90 people, before the kird Russell's
triaL And he saith . fturthery That Keefing
used 1o be much in their company for a year
before, for they had a kind of a club.
«« Out this Smminant saith, He deth not
ffmember that he heai^ that KeeHng* was a
witMss agsmt Waleot ) bat he heard he was
* dieeoreiBi of the plot ; but he dsth net re*
member the time when he heard it*'
ind 64Mn, when they went m the e^priiang^;
but he remember^ nol that he was in any agtwt
er trouble of miiid there, or that he told his
ponpany, «that he Was tomeet amy persona
* flonsemhig the diseovery o( a plot, or that fa*
The EXAMINATION of Mr, RICHARD
HALEY, t^ken the 39th of November,
1689.
** ThisExamuiant^tb, that, some few days
•before the discorery of ^e presbytftian plot,
Xeelbig' eame into the Fleece tavern in Corn-
kill, into Ae room where he was with other
oeujpaiy. • Keeling was seemingly confused ;
and said, * he had a great offer niade him, er
' 190/» per annum, to be a discoTerer of a pl6t ;
^ bdl he khew of no plot ; and de^ured the oom-
* pany, if ever tbey heard he should disoorer
* any plot, or be a witness against any one, to'
'bear witness against him, for he knew of
' none.'
** And this Examinant saith, That. Keeling
told them, ^ that he came from some great per-
* sons } and he was to go to them again, to U^e^
* Tower, or die Bull Head tavern near the
« Tower, that night'
*• And further this Examinant saith, That he
delh Mti«member that he snake of this to any
•m; for tinieB came on to laat, and pioved so
dangsreui, that he was afraid to speak of it
4< Thk Ecaainant saith, he was at the trial
of the lord Russell. But fnrdier saith not"
The EXAMINATION of Mr. JO^AH
MOORE, taken the 29th of November,
1689.
uTUs
That he knows no*
thing coneemiitf Keeling, nor of any of the
beads mentionea in the order."
The EXAMINATION of Mr. JOSIAH
KEELING, taken the 29tfa of November,
1689.
•^'Thfs Xtsttinant saitb,Tbat the Fleece ta-
Tsvn in ComhiH was constantly his tavern ; as
alio Mr. OiMige's, Mr. Merris's^Mr. Haley's,
* was ever pvomised a sfroat, or any employ*
« ment) or that be desned them to bear wit-
* ness agaanst him, if he pretended to^i^ any
'thingof any plot; erthat he kaisw notMng
* of one.'
«< This Examinant saith, That, after he M
discover the plot, he wis in danger of his life,
from thrse of these men.
«* This Enmbant saithi He was sab^nael
as a witness against Vf alcot ; and he heanl the
trial ofthelei4 Russell, behig carried thither
a« mesBCBgcr, in whose custody he WM for
ree months. '
i< This Examinant saith. That he had not »
pardon till iwo or three months after WalcoiN
and Hone's trials ; and he believes be had net
the money from the king, till after be had hift
pardon ; but he lived at his own charge in the
messenger's hands.
«< He fur^er saitb. That he was examined
befcre the lord keeper North and Mr. Seci^
tary Jenluns, the earl of Rochester and the
lord Oodblphm being present; abd he^ww
likewise examined by Secretary lenkins adona^
before he went to the kinff. ^
<* Thsi Examinant saith. That he knew no*
thing against the lord Russdi, but upon hear* ,
say mm Goodenough."
The EXAMINATION of Mr. WILtlAM
MAN, takea the S9tb of November, 1689.
" Hits Examinant saith. That he knows no^
thing concerning any .thing mentioned in thf
order."
The EXAMINATION of Mr. JOHN KEEL-
IN6, taken the 4th of December, 1689.
« This Examimmt saith, He knows nothing;
concerning three heads mentioned in the order.
He suth, Hiat he never disoounied with hia
brother about any thing of the plot, befiSre the
13th of June, 1683, the day of its discovery.
" This Examinant saith, That on that] day,
his brother called npon him, aboot nine or ten
of the clodi m thb morning, and took him along
with him to a neighboimr's to drink; fcom
thence to a coflbe-house, vrhere his brother
discoursed with one Hone, about gooee quills
and swans quills, the blackbird and gehmncl^
which he nnderatood nothing of; and fttmi
thence we went to the Dolphin tavern, whe(^
they met with Goodenengh and ethers; thero
they talked of takins^ off the blackbird and gold-
finch, meaning the king and duke iif York.
«< This Examinant saith. There was a H^
read, of dividing the city between his brother
Josiah and Goodenoujgh. After they parted,
this exammant totd his biother, * he understood
* not that gibberiirti, and' thsirefore would not b»
3R
575] STATE TBIALS» 35 Cuawlu U. l6^'^Hrkl ^ Algvrwm SUugt [979
*tlmn; asalMiylliallMomkliiocleiiifeMiile
«thei« ware lome jmrsoiui who dengoed
* mfma/L ths gorernmeot ; and, if he wouM
* discover them, he sheuld ha?e an office 'y hut
he knowi nothing of the valueot it.
«< This Bxamioant laith, That hereopOD, one
of the company asked Keeling, * Why . he
« troubled them with thia discoorse?* sayhig,
* if he knew any thing againat the |p>vern-
* menty it was ' bis duty to disooTer it :' To
which KediDg) io-replv, told them this ; *• Be-.
* cause, said he, if I should be prevailed on by
*• the temptation of money to witness any
« thing, you shooUl be able to testify against
* me, that I had declarad I ki^ew iMithing in
* agitation against the goreniment.*
«' This Ezammant saith, That Keeling told
this to the said company two or three da vs (to
the best of his remembrance) before he heard
any sach thing as a Presbyterian plot talked
of.
^ This Examinant saith, That Keeling told
them, *• it were thegentlemen that came from
* tlie lords in the 'nnter, who promised him a
* great reward and a good office ; vbA that he
« nad ra^ them once, and iHub to meet them
* again that night at a tavern in Tower^street.'
He doth not believe that Keeling was in drink.
•< This Examinant saith, That he was not at
captain Walcot's trial, for he believes he was
then in the country atWimbleton: He be-
lieves h^ aoqnainted sir William Ponltoey with
what he heard Kcelbg say, brihre die lord
RusselPs trial; and he also told it to Mr.
Stephens; whereupon, he was snhpomaed to
the lord RnsselPs trial, to which he went ; but
the trial was not till three or four days alter the
' time that he was directed to attond.
** This Eacaminant saith, That a second snb*
MBna came the night before tfaetiial; but he,
Mng from home, did not receive it till after the
%rial was oiver.
<' And this Examinant sahh, That he did not
know that Keeling was a discoverer of the plot
till alter Uie triM of captain Walcot ; for he
was then at YTimbleton, and it was sent him
for news, as if he had been 100 miles off."
the EXAMINATION oT Mr. PETER
HAGAR, taken the S9th of November,
iaa9.
<* This Bnmmant aailhy Thataboot three or
<fb«r days before that which was called the
Presbyleritii plot hralm out, Mr. Keeling
^si^oe m ooupany where he was, at the Fleece,
in Coinihill, and secaied to be very mneh dis-
ordered ; and toM the eompiny, < no had been
* with aoime persons of ^nality, vrho said, to
* him, he had now an opportunity of making
< both himself and his lamily, and oflered him
* too/, pier annum ; and said, he might ride
< iii his coach andaix horses to Windsor.'
M This Examinant saith. That Keeling told
Mm, * he was to meet some penons of quality
^ that niffht, and he thmks h« said iotda, with
« whom Ik hid heea hifon..'
^ This Sxanudant saith; H was in order (as
he understood by Keeling) to discover a plot ;
and he told them, *thatif he should be ao iar
' prevailed with as to awear. Keeling desired
* us to bear witness against him. That he then
* declared, be knew nothing wherewith to
*■ charge anjr pesson living ; and if he did
* hereafter give evidence against any person,
* he himself then said, he wis the greatosl
* rogue and villain in the world/
'* And thereupon, this Examinant snith. One
of the company advised hinif ^ That if he
' knew Any thing against the long or gnvein"
* ment, he should declare it ; bat, if m knew
' nothing, he had not best to go to them, 4vt he
* could not tdl under what temptatiiNia hs
« might fall.'
«* This Examinant saith. That KeeW tsM
them, ' he would go, because he had «<»*
* mised'tliem in the moniing to meet them
* again that night.'
"This Examinant saith. That, when he
heard of the lord RusseU's trial, he acaoninlad
the lord Russell's servants widi what be bath
now sworn; and he attended at his lordshi|i'8
trial, hut Keeling was not pvodnoed thsre aaa
witness ; and he saith, he also spokn of this
matter to othen, but never to any Bsagtyirate ef
it
« This Examinant saith» He jthinfcs he fcMW
Keeling 'was %. witness a| cantam Waleai%
trial; but he did not then offer faimaelf to he a
witness, because of the difficulty of the liaea.
" Moreover, this Examinant saith, n»a
were in his company, at the Flnsiee, Mr*
Morris, captain PhJp% Mr. Hornby, Mr.
Craqge, a brewer in Westminster, Mr.Hakj,
and Mr. Bales, when Keeling was there."
» «.
I
The EXAMINATION of Mr. ROBERT
BATES, taken the 29th of Noremhsr,
1689.
" This Examinant saiA, That he was at ^
Fleece tavern in Comhill, with Mr. Moras,
captain Phelps, and others, when Keefing
came in, Bke a man in a roaae ^ wheraapea^
one asked him, < What vras the aMttor?*
Keeling answered, * Hewasoflhred aome nsn-
* ney ; he couM have a plaee worth WiL per
* annum, to make a discovery, or to '
* some people of a plot againat the
<ment'
** And this Examinant saith. Keeling
told them, * Thai he had niet aome gentleiiiett,
* or lords, of the Tbwer, and was to meet tkssn
* again; but he knew nothing in the woiU.'
«* This Examinant saith. That one ef the
company told Keeling, « That if hedid kaaiw
< any thmg agafaist the goyenunent, hn weald
< do well to discover it; if not, he wooU ^
< well to keep out of such temptation.*
*' Afterwards this Examinant saiiUi, Keeling
Ivoke out into a passion, and said, * He knew
* n<^ing at all ; and desired the company, if
< he should make any diaoovery henaAor^ ^
aninst huDiL^
i98K] -STATE TRIAtS, SSChablbsII. l6as.-/or Higk Treaam.
im
ceiMd in a plot; and tf he wmild diacover
\ein, he should be carried to Windsor in a
>ch and six hots^, and bare a good office
'd yvfed upon him.'
^ )d this ExamuiaQt sailh, That Keelmg
▼ uem, VTbat that nij^bt be was to meet
k^ on again; but* he said, he knew nothinff
s^nst any one : and if be shonkl be tempted
^ to be so greata rogue as to swear against any
* peraon, he desired the company to bear wit-
* ness against him, tor he knew nothing;' and
aoheiefttts."
The EXAMINATION of Mr. WILLIAM
BRIOGMAN, taken the 4tb of Decern-
ber, 1689.
** This Exambiant saitb, That he knows no-
thing- of the heads in the order; sare only,
that several lo|^ met, in the yei^ 1687, in the
{Secretary's office, and that several times, about
the regulating of corporations; yiz. the late
lord Jefferies, the marquis Powis, the^earl of
Sunderland, the lord Arundell of Warder, the
earl of Castlemain, sir Nicholas Butler, and
Mr.Petre. \
» This Ezaminant saith, Tliat business was
projected elsewhere, because things were
brought to the office only to be transcribed.
He hath heard also, that there was a sub-oom-
mittecf to manage that affiur, whereof Mr.
BrjBot was chief; fuid that Mr. Roberts and Mr.
Dennis were joined with him; but be never
mw the lords to give them any commission, or
heard that Aaron Smith was concerned*
*^ This Eacaminant saith, He was not one of
the clerks of the council when the franchises of
the city of London were seized; but he re-
members that he did set his hand to an order of
eounosl touching the regulation of several com-
panies of London, or the Uvery -men, or courts
of asnstanoe ; but the order was brought to
him ready dniwn ; and he signed it^as being
one of the derks of the council then in waiting.
, «< This Examinaat saith, That he attended
at the comjmittee of council for foreign affairs ;
hut he was at no cabal ; and the franchises of
Lmidon were destroyed before ever he attended
any caba> or committee ; and he never was
present at any debate concerning that matter.
** This Examinant saith. That, when papers
were wanting, he was sent for to Mr. Chiffin's
lodgings, and always attended in the outward
room.
<* This Examinant saith^ He never knew any
thing of the dispensing power, but by the
printed papers and hearsay.
. *y This Examinant saith, That the surrender
•fdbarters, at the- latter end of kine Charles
the second's reign, came in but slow^ ; but in
king James's time they came in in a glut"
the EXAMINATION of Sir JOHN MOORE,
taken the 6th of December, 1689.
** This Examinant saith, Tliat he knew no-
thing coBcemiDg the three heads ; that it was
not he whodid reject the aheriftb, bat the court
of aldermen ; they did set aside Mr. l^piiloa,'
because' lie had drunk to inr Dudley Nortn.
. *' This Examinant saith, That he beliei^
Mr. Pstpillon and Mr. Dubois demanded the
poll; but the court denied it them.
<< This Examinant saith,* Thatheilrunk t#
sir Dudley North of his own motion ; beeanst
it was usual, .when men of estate came^rom
beyond sea, who are thought in and able, to
make them sheriffs, to save the citizens.
*< This Examinant saith, That sir John
Duckworth; with others of the Turkey com-
pany, recommended him as a' fit person to bei
sheriff.
«' This Examinant saith, That the soldiera
were not sent for to interrupt the poll, but
to keep the peace, fbr the poll did go on ;^and
be does not know that ^ the -books were taken
from the clerks.
<< This Examinant saith, That he had no
directions from Whitehall to reject tlie poll;
but it was the court of AMermen did reject it ;
and he doth not remember tliat, either the dtfy
before, or that morning of the poll, he mailW
any promise not to disturb the poll.
*' This Examinant saith. He remembers Mt
what time of the day he went to disturb thw
poll ; but he«aiih many of Aeoitizenscamer to
nis house, and would hav« hhn to the hall;
telling lum the poll went on, though he had
adjourned; which adioumment was by th«
advice of the court of aldermen.
>< This Examumnt saith, Hedodi«ot beKev^e,
nor remember, that he bad orders, advice, or
intimation from the ooort, to drink to sir
Dudley North; nor did Mr. Secaretary Jenkimc
ever reoommoid him to be sheriff; heeattie
indeed often tq Tiait him, but ne^'er gave hiui
any directions.
'^ This Examinant saith, That not any per-
son did af^ly himself to him about the taking
away the charter of London ; for he wasalwayitf
against it.
'• This Examinant saith, That at the poll
his hat flew off, and he was thrust against the
wall ; and if some of the officers "bad not
stuck to him, he had been down under their
feet.
.«Tbis Examinant saith. That the city re-
cords say, tluUone of the sheriffs, for these 90i9l
years, have been chosen try drinking to, till tha
year 1641 ; the other is chosen by hands m thef
common haU.
<< And this Examinant saith. He relm to
the rpcords how the sheriffs were chosen : And
for three preceding years, he lieiieves, two or
three sheriffs were made by his predeoessonv 1^
their drinking to them ; hot this he refers abo*
to the records.
*» This Lxaminant saith. He bdieves the'
ceremony of the lord-mayor's drinking to the
sheriff is recorded ; and he believes, that it ia
a received opbion of the city, thnt the fierson
Ubom tlie lord-mayor drinks to, is sheriff; He
does not remember that it was disputed t^l of
late ; ibr formerly a person drank to by tha
'979] STATE TRIALS, 35 eHABLSs IL l68S.— THa/ 9/ Algemm
»»•
' ooncciMed ;' bat his bMtac told him, <tliat
* he should c«fDe to no h^rm*'
'* This Ewiminant saith. That from thenoe
Ilia brother carried him to Secrctery Jenkina ;
where this ezamiaaat beb^ miwiuhiff to go,-
he told him, < that he must go thitEer or^
* Newgate:' There he was examined about the
discourse between Cioodenou|^ and, his bro-
ther Josiah; and there sir Leoline Jenkins
ehewed them a warrant, under the king's Iwnd;
i(br Josiah's pardon.
. '* This Examinant saith. He had no pardon,
nor did he ask for any, because he wanted none,;
lor he discovered what he knew within i24
Ik^uts.
. " This Examinant saith, That from ihe Se-
cnstafy's they went to the Fleece tavern in
6out»«rark, where, his brother sent for Mr.
^ Peokham, who came to them ; their discourse
.was in commendation of him, for endeavouring
.to discover the plot ; saying, « If he would but
* discover What he knew, li^ should be well re*
.>i»>rded.'
"This Examinant saitb, That the next
morning he was with his brother at the Fhin-
ders coffee-house, where they met two men to
him unknown ; who aho commended him for
.what he had done, and invited him to dinner;
. his brother did go, but he could not, being
Otherwise engag^. .
*' This Examinant saitb, Tlut be toM Mr.
Tory, his boother's master, all that was dis-
ooursed of a plot ; and the next day he told it to
others ; whereupon all the persons that were
informed a§*amst fled. Upon this, he was
sailed before a private oouncil, wHei-e were the
lord keeper North, and the lord. Roberts, and
some others, where he was examined, what
and to whom he bad discovered ; which he
tfrldtheni.
" Th^s Examinant saitb, That he knows not
w])o tliis Peckham was, that encouraged him
to ex]>cct a regard if he wouki discover all ;
' bnt lie liears be is since dead.
*'This Examinant saitb, That he was never
carried to ^Windsor, nor bis brother, as he
knows oi; nor does he know that his brother
oifeicd Uim any thtnsr ^ come into the plot.
,*' This Examit^ut saitli, He was subpoenaed
to be at the lord Uusseirs trial, and sworn to go
to the grand jury ; but be %vas not examined.
, *' Tiiis Examinant' saitli, He knows not of
Peckbum's going to Windsor; but he heard
. he was stopt at Houuslow in going thither, but
knows not by whom.
'*• This Examinant saitb, He knows not of
any design to make persons subscribe to the
carry mg on of the plot; but indeed he heard
some discourse of it.
"This Examinant saith, He was in court
when Hone was tried, and his brother a witness
against him ; and saitb, he knows not who
were to be seized about the plot.; but heard
that some were to be. t
. " Tii'm Examinant ;eaitb. He heai'd his bro-
ther had received 5p0/. from the king, after
.the discovery of the j^k)! was made ; and that
he brought it to a coffee-houM!, where he
heard it.
«< This Examinant saitb. That there wa»
such a diflerence between him and his brother^
upon his emnloymg Mr. Jones to let Good*
enough and the others know what his brother
had informed against them, thfrt they are hardly
yet reconciled.
'* This Examinant suth, That he was^
against his brother's bringing him into a thisff
which he knew nothmg of, nor did believe, tuL
after the proclamation; and that Lee came i»
to discover, and that men. were taken up."
The EXAMINATION d Mr. WILLUX
HORNEBY, taken the 4th of l>eoember,
' 1<J89.
" This Examinant saitb', That he knows no*
thmg of the three heads in the ordes. Butthi»
ezammant saitb, That, a little before the break*
ing out of the Rye plot, he was with some
company at the Fleece taveni m Comhill i
where Josiah Keeling came in to them, seem-
ingly under some di^turbande of mind.
'* This Exammant saith. As well as he catr
remember, Keeliug said, < he was offered an
* employment of 60/. or 80/. per annum, t»
<sw«ar; but he knew not what, nor againal
* whom, to swear.'
<< This Examinant saith, That tlien, after
Keehng had sat a little while, be said, < it wa*.
' a brave business, to have 80/. per aaoum to
' swear.'
y- And this Examinf»nt saith. That Keelii^
said farther, < That he was to meet some per*
' sons in Tower street that evening; but h»
< knew not about what.' But he saith he doth-
believe that £geeliog did meet some person^
there."
The EXAMINATION of Mr. JOHN BELy
CHER, taken the 4th of December, 1689.
<< This Examinant saith, That Josiah Keel*
ing had always the character of an amintioos
man ; but he knows nothiilg of his threatening
or inducing men tp swear conceiving the plot.
'<.This Examinant saith, That he was by.
when Keeling petitioned the duke of Yoritfor
a place in the victuailmg-ofiice. •
'< But tliis Examinant saith, That he knows
notliini^ of his own knowledge, of the regula-,
tors ;' but be hfith heard that Mr. Jones w«l
one.
If
The EXAMINATION of Mr. ORISPE
GRANGE, taken the 4th of December,
1689.
*< This Examinant saith, He was at die
Fleece tavern m Cornhill, in June 1683, with
othet persons, when Keebng^ canoe in there to
them ; he was discomposed, and told the com*
pany, < That, the night before, he m^ a person
* belongii^ to the Tower, who-tokl Keelnifr,
' That be ke;>t company with vpecsons con-
1981] -STATE TRUtS, 35 Chaelbs H. l6a5.-/or High Treawn.
im
* c«ni#d in a plot; and if he wmild diocorer
' them, he siiould be carried to Windsor in a
* coach and six hots^, and bare a good office
* bestowed upon him.'
** And this Examinaat saith, That Keding^
iM tbem, < That that night he was to meet
« him again; but' he said, he kaew nothbg
' against any one : and if he should be tempted
f to be so gi^eata rogne as to swear against any
* person, he desired the company to bear wit-
* uess against him, tor he knew ootliing;' and
■oheleROS."
The EXAMINATION of Mr. WILLIAM
BRIOGMAN, taken the 4th of Decem-
ber, 1€89.
<* This Examinant saith, That he knows no-
thing- of the heads in the ocder; sare only,
that several loprds met, in the yei^ 1687, in the
{Secretary's office, and that several times, about
the r^fiilating of oocporations ; viz. the late
lord Jefferies, the marquis Powis, the^earl oi'
Sunderland, the lord Arundell of Warder, the
earl of Castlemain, sir Nicholas Butler, and
Mn Petre. \
^Tbk Examinant saith. That business was
projeeted elsewhere, because things were
brought to the office only to be transcribed.
He hath heard also, that there was a sub-com*
mitteof to manage that affair, whereof Mr.
Brent was diief, and that Mr. Roberts and Mr.
Dennis were joined with him; but he never
aaw the lords to give them any commission, or
heard that Aaron South was concerned.
*^ Thb Examinant saith, He was not one of
the clerks of the council when the franchises of
the city of London were seized; but he re-
roembm that he did set his hand to an order of
council touching the regulation of several com-
panies of London, or.tM livery-men, or courts
of asnstanoe ; bnt the order was brought to
him ready drawn ; and he signed it,^as being
one of the clerks of the council then in waijting,
, « This Examinant saith, That he attended
at the committee of council for foreign affairs ;
but he was at no cabal ; and the franchises of
London were destroyed before ever he attended
any caba^ or committee ; and he never was
present at any debato concerning that matter.
*' This Examinant saith, That, when papers
were wanting, he was sent for to Mr. Chimn's
lodgings, aodr always attended in the outward
room.
« This Examinant saith^ He never knew any
thing of the dispensing power, but by the
printed papers and hearsay.
. ** Tms Examinant saith. That the surrender
•f charters, at the latter end of king Charles
the second's reigo, came in but slowly ; but in
king James's time they came in in a glut"
i»
the EXAMINATION of fiTir JOHN MOORE,
taken the 6th of December, 1689.
<< This Examinant saith. That he knew no-
thing concexning the threa heads; that it was
not be whadid rgect the aheriftb, bat die court
of aldermen ; they did set aside Mr. l^piiloo^
because' lie had drunk to ^r Dudley North. -
. «* This Examinant saith, That he beliei^
Mr. Papillon and Mr. Dubois demanded the
poll; but the court-denied it them.
" This Examinant saith, That hetlrank t#
sir Dudley North of his own motion ; beeanst
it was usual, when men of estate came^Vom
beyond sea, who are thought in and able, to
make them sheriffs, to save the citizens.
** Tliis Examinant saitii, That sir John
Duckworth^ with others of the Turkey com-
pany, recommended himas a' fit person to bei
sheiiff.
'« This Examinant saith. That the soldiers
were not sent for to interrupt the poll, but
to keep the peace, for the poll did go on ;*and
he does not know that^the Jxwks were taken
from the clerks.
" This Examinant saith, That he had no
lUrectians from Whitehall to reject the poll;
but it was the court of Aldetmen did reject it ;
and he doth not remember tlmt, either the day
before, or that morning of the poll, he made
any promise not to disturb the poll.
«' This Examinant saith. He reneroben; not
what time of the day he went to disturb th«
E61I ; but he«aith many of llieoitizenscamer to
is house, and would hare lum to the halt;
telling him the poll went on, though he had
ujyonmed ; which aiHoiimment was by thw
advice of the court of aldermen. '
>< This Exanuaant saith, Hedodi«ot beKeve,
nor remember, that he had orders, advwe, or
intimation from the court, to diink to sir
Dudley North; nor did Mr. Secretary JenkinflL
ever recommcad him to be sheriff; heeame
indeed often to Tiait him, but never gave himf
any directions.
'^ This Examinant saith, That not any per-
son did apply himself to htm about the taking
away the charter of London; for he wasalwaya
against it.
" This Examinant saith, That at the poll
his hat flew off, and he was thrust against the
wall ; and if some of the officers "bad not
stuck to him, he bad been doan under their
feet.
.«< This Examinant saith. That the eity re-
cords say, that one of the sheriffs, for these 9081
years, hare been chosen try drinking to, till the'
year 1641 ; the other is chosen by hands in th^
common haU.
'< And this Examinant saith, He reksta to
the records how the sheriffs were chosen : And
for three preceding years, he l>elieves, two or
three sheriffs were made by his predeoessonv by
their drinking to them ; bat this he refers abo
totherocorda.
'' This Lxaminaiit saith. He bdieves the
ceremony of the lofd-mim»r's drinking to ttte
sheriff i^ recorded ; and he believee, that it ia
a received opinion of the city, thr.t the iienron
ivboro the lord- may or drinks to, is sheriff; he
does not remember that it was disputed t^l of
late ; for formerly a person drank te by the
pas] STATE TftlALS^ 35 Chaubs IL l6^.^Trial cf Algemom SUkeg, [914
Wtd'imyor wa> not a¥cm<id frwpi kmag ebeiift
^itbpul fa« fined off*
'' This Exuniiiaiit tfittii He tkinks two #r
tluci«i paid their finep for Uwg dnuik to by sir
llotatCUytoo."
tlic EXAMINATION of Mr. THOMAS
TANNER, clerk of the peace for the
city of London, taken the m December,
1689.
. «< This Eaufiinant. aaith. That be brought
in t)ie original pana^ for the juries of the
fesaion for London, when the lord Ruaseli was
tried, which was taken out of 19 wards $ and
the names of the several persons in the panel
Vrere read to the lord Russell, out of which IS
wipra chosen."
The EXAMINATION of AARON SMITH,
taken the 6th December, lOSp.
«< This Bxaminantsaitb, That he waa a pri-
aoner in the Towwr, when the lord Bnasell and
•olnnel Sidney were tried; but, before he was
sent thither, be waa kept by the foot i^fnards in
ik)9tland«yard, and lay upou tba bare boards for
4 days and 5 ni^^bts.
. «' This Examinant saith. That, whilst he
was kept there, he was several times brought
M>ra the king; but be reftised to answer, un-
.tillhewaa.sent toaksn^l prison; whereupon
he was camed.to the Tower, and kept there
close priaoBor ft>r 19 wieks and 5 days, at 5/. a
veek charge to himself.
* ^'And this Examinant saitb, That two
wardera watched htm, and lay in the aame
loom ; and wouU have lain in bed with him,
bot h« would not suffer it.
** This Examinant saitb. That one of his
varders uM him, ' There was ooesir Ambrose
« Philips to npeak witb him, who had an order
« from one of the secretaiies to come aa often as
' he would, and bring whom he would along
« with him ; but then be ivas alone/
«< And tbia Examinant saitb. That when sir
Ambrose came in, after some othei' discourse,
he told him, < It was in his power ta make
« himself what he would ; for, said sir Ambrose,
«. you know this rogue Sidney is « traitor ; and
1 ^ou may ipake vourself what you will, if yon
^ will discover what you know of bis designs
< againat the government.'
« This Examinant saitb, he replied, « That
' « he could not aay any thUig thftt could touch a
* hair of colonel Sidney's head.* Then air
Ambrose Philips said, < If be might advise the
< king* he would have all the £imned Whig
* rogiiea banged ;' and as for your part, said he
• to this Examinant, * every body Vnowa that
* ypu are guilty.' .
«« This. Examinant aaith. That be doth not
know any r^uUtora of corporations of his own
knowledge ; but be knows soma who want un-
der the name of regulators."
w^m
•*tmmm
The EXAMINATION of Mr. WnXlAH
ROUSE, one of the lord RusselVi joiy,
taken the 11th of December, 1089.
'« This ExnmmMBt aaitfa. That he neitfacr
knoweth BurUm nor OcBham,iior doth ht
know that he saw them at the knd Buadl'i
trial.
<» This Examinant saitfa. That he was fom-
moned by one of the aheriff's officers; be
never heard of the heinousnea of the Ind
Russell's crime from any ' one, nsr wai lit
either persuaded or encouraged by any one to
attend on that jury, and he never was Moan
upon any jury.
»< This Examinant saidi, That the sberift
usually do provide a dinner for the jury ; Iwt,
the dinner being s^led, ha clnUied ftr hii
dinner, which be ttunka came to 3i. ; and nwi,
he saitb, he hath been upon ^ the graad jory,
but upon no other jury."
The EXAMINATION of Mr. NATHiXIEL
WADE, taken the 6th of Deconlier, 1689.
" This ExaminMit saitb. That heknoaias.
thing gf the throe heads ; bat he sailb, dat
Joeiah Keeling aconaad him of beiog ia tin
Ryeptot; akhdi^, lotfaebestefbisvenMB.
bmnoe, he had narar haen above twise ia Ui
company.
«< Thm Examinant anhh. That bs itw
bea^ Keding say he was offered any nmii
fbt discovering the plot ; but be hmid hoa
apeak vnry mtravagantly at the ftdatnin
tavern in iiombard'atroet ; and he mid, 'he
•would da aonlke brisk things;' whsreopoawd
Mr. Nplthorp, who waa tMS also in tasoB*
pany, < I pnthee, be not mad.'
«' This Exanunant saitb, Tbst praMudy af-
ter he heard his name was put into a prMmai*
tion ; but there he was oaUad by the assKcf
..Ward; but in the nest gazette' his right naat
waa put in."
The EXAMINATION of Mr. WnUlM
RICHARDSON, taken t^ 6th of 0e.
cember, 1689.
'* This Examinaat saitb. That mr ThoM
Armstrong was oom\nitted to his eoHody I7
secretary Oodolphin's wannnt, wbieb be pro-
duced, as also tlie role of court fer bissncn-
tion.
<< This Examinant saidi, That sir Thoatf
Armstrong had one iron on; and the '^^'^^^jf
it was, Mcause he waa oalbwed kf W^
treason ; he saitb, he thinks that the tad M
feries, sir Francis WyAens, and sir Mai
Wright, were three of his judges.
'« This Eamminant sutb, That the m
Russell was brought into the sesrionSi »»
there committed to him as tbo sheriff's oioeri
but Mr. Cornish was committed to Kewg^
by sir Francis Wjthens. . . ,
^ This Examinant saith. Ho did aot ib^
them, nor ever put irooion tboM'^"*"*
9i5] . ffTATB TRIALS* 55 Ch ABLSt IL liK^m- EBgk Treawn.
CdB6
adr AciwJjMy^phiiiH nor had Corwrii tn j,
bcbg m a nnr pboe than sir Thomas Arm*
^Tnd this Ezammaiit fbrtfier saitfa, That
hehadttomaiiegroftfaelordRaaHili and that
was gireBf fab wife had it.''
The INFORMATICW of JOSEPH DU-
CABSE.
^* Wbfsa colonel Sidney was arrested, I had
not been long in Siiffland ; I did not know the
lawn, coBlMBS, and lan^[nage of the eovntry,
«ad had bot lew aoqnamtaoce to inform me,
andtbe^ infolwd me in the same prosecution ;
so, havmgtben httle or no assistance, I was not
alkwod to jad^ ; bat| since, 1 hare made it
my business, not ^nly to inquire, but a]so tc
•erf^ bam in as, mnch as I was able, ha^in jp
nfterwards obtained the Rbertj to Tisit him :
hj the infermadons he gwe me, and by the
discovery I made abroad, according to my
knowledge, experience, and judgment, it was
the greatest injostioe that ever was done, and
|p:«at«r in that it was done upon pretence of
justice, which I shall shew as tar as I am able.
^« Colonel Sidney was arrested, the S6th of
June, 1683, about one of the clodc, at his din-
Bflr ; fanmediately afler sir i%3ip Lloyd came
wMi an order to seiee his papers ; and after
diuBer went and sesrchea the honse, bot
thooght not ilt to take any, but some that lay
laoae upoa his taMe, and in an old open trank
that stood by, and put all those papers into the
said trank aaad a pimwbeer, and desired colond
Sidney to put his seal upon them ; which he
rtfbsed, and afterwards told me the reason,
^ ^ That he well remembered what passed at
' < eolonel ManselTs lodgings.' And then sir
PMip lioyd pot his own seal upon them, and
promised colonel Sidney they shonid not be
opened, bnt in his presence; which promise
wao not kept ; fut he toM me oftentimes, and at
the day of his death, that be never saw either
trunk or pillowbeer again, though he did by
my hand petition the king to have them re-
tnned him, because there were some am<Hig8t
them that might conduce to his justification.
** From his house, he was brought before
the king's council ; and, upon cocunmation, ho
fought he gave tiiem sncn answefs as might
have discha^ed him ; but he was sent to the
Tower by a warrant from sir Leoline Jenkins,
lor high treason ; at which time nothing of that
which was preteodcd at his trial coohf be im-
piHted to him ; die lord Howaord was not seized ^ « ^ -^ ^
tin several days after, and his papers cotdd not . be tried ; when a copy of the panel was sent to
he examined, at that instant ; tne same day his him, after he had read it, he told me, < he knetr
monies and bills of exchange were sdzed in | * bnt the names of three gentlemen, which
Thomas Shepherd^s hands ; some weeks after, i * he resolved to have accepted, but they cfid
his goods both in town and country were , ' not appear at his trial ;' the others he except-
seiaed to his ftry wearing doaths, that his ed against, as not being fteebolders, and such
aarvants had not tno Kberty to carry him Bnen as vrere then servants in the king's pay, as
to change (ablaut loor months before Che bill nnfit persons to try hhn, being prosecuted at
waofoondagoinat him); and I knowing that the king's suit; and the rest were mean,
the marquis of Halilkx was bis kinsman, I ap- sordid, and mechanic people, and not fit per-
^j^_ — ir^-^vi »t^M^ u*-^^ aoof •ojndgeinsuch acBsij:" Youmaysec it
ed rehef from someo^. those grievvndeo; aad,
by his tordship's means, I had the hhefty to
visit colonel Sidn^ during hb imprMonmeDt.
*< The eth of No¥embor folh>wing, an' mder
was sent to the lieutenant of the Tower, to
bring colonel Sidney the next mommg before
the king's bsoeh; and he was aocwdu^y
bronght into the paUoe yard of Westminster,
betaneen ten and efeven or the dock, before the
grand juTT was assembled ; and consequently
they could know whether the bill would bo
found against him, unless they had int^igeiiico
with the grand jury.
*' The bill was found, and be immediatdy
hurried to the bar to be arra^pied. The bill
was read to him, perplexed, confused, and
long, containing a heap of crimes distinct in
nature, distangiushed from each other by law
(as he afterwards toM me) : one particular I
wdl remember, that he said, * That the in-
^ dictaient says, he did conspire (witib many
* others to the jury then unknown) on the SOm
' of Jane, and many days both before and after,
* in the parish of St. Giles's ;' -whereas he was
then, aiM had beep some days before a close
prisoner ; which was impossible he should bo
at the same time at St. Giles's and in the
Tower ; and it was morally impossible for the
grand jury to know he md conspire^ unless
they did know with whom.
'* He complained much of the imnsdee dons
him, when, upon some contest at his arraign-
ssent nbout some points of law, he desired
counsel to ftame objections, which was rs^
fused, ; hesfterwards presented a slMdal plea
ready engrossed, which was reftised, nnless it
mignt be peremptory ; declaring, f If it was
* over-ruled, he shonId be no further heard ;*
* and the chief justice threatened, ^tllat jod^^
* mebt]of treason lAiould be immediatdy en*
*tered, if he did not come to the general
* issue ;' add so was forced to plead Not Guiltr.
** Colonel Sidney did also much'comphunL
that the copy of the indictment was refused
him, which miff bt have been of great use to
him, to make bis defence and exeentions, it
being so long and intricate that the ablest law-
yers could give him but a very imperfoct ac-
count of h upon hearing : thereupon, he pro-
duced an authentic copy of the statute, whers«i
in ft is plainly enacted, * That aH men, in fdl
* cases, whether they he such as fall out against
* the king or any others, shall have' copies of
* such records as are against them.' '
** He complained very mnch of the irregu-
larity of choosing the jury by whom be was to
plisd myself to htmt and by his meeos obtain-
$67] STATE TRIALS* 35 CilAmLms IL ifi83.«-Tiii/ 4/ Algem§m &iney, lS»
more %t lar^ in bis trial ; and, if your Icrd-
^shifw pleaM, m his memorials he has left me.
** fie did mucli complain against the lord
•chief justice, for intemijtting mm in his just
defence ; and was obaeiTed so well to choose
iiis time of breaking off bis discourse^ as never
to siiffo* him to finish any point that pinched
too hard upon the undue practices of bis pro-
secutors, and most conduced to bis defence :
he desired the chief justice, as rentlyas he
'.could, ' to proceed sotUy and tiiirTy ; that no
/ delay ov^t to be esteemed long, wben the
' life of a man was in question ;' but all was in
^▼ain : colond Sidney told me, * That, before
* his trial, be was credibly informed, that the
* lord chief justice bad advised with the king's
/counsel, of the ways of compassing his
'death ; and that a pa^, containing the
* result of that consultation, had been seen
* upon Mr. Attorney's table.' lie never told
me who that person was ; but, if you please
to call Mr. Owen, who was his solicitor, sir
Wm. Williams, Mr. PoUezfen, Mr. Eotheram,
,Mr. Benchfiid, Mr. Thompson, and Mr.
Hallis, who were bis counsel, perhaps they
.may give a better account of that circum-
stance ; but, sure I am, tliey can give your
lordships a full account of the irregular pro-
ceedings of his prosecutoro.
" Hecompbuned also against the solicitor
.general, for misrepeating the evidence on both
aides, to mislead the jury ; to have repre-
sented the hnrd Howard's frequent . attestation
of God, that he knew of no Plot, believed there
was none, and took that spoken of to be an
inTention of the priest, only as unwillingness
io confess it, and nis many perjuries as a mark
4>f the truth of. that he baa then sworn, and,
bjr such constructions, to drive the jury head-
:loo^ into a verdict ; and, as Mr, Sidney com-
plained of the solicitor general in that parti-
cular, 80 he did much - more of the chief
justice, in misrepresenting the evidence more
than the soliciitor bad done. And, after his
,trial, colonel Sidney was informed, t that tbe
* lord cliief justice, not satisfied with directions
*■ given in public, he had been further pleased,
' wben he retired upon pretence of taking a
\^lass of sack, to follow the jury, and give
* tnem more particular ibstructious.'
'* He complained also of the judges and
ury, for receiving such an evid^ioe as the
ord Howard ; against whom be had many ex-
ceptions, as appear in his trial, and in his aying
wonds which ne left with me, written by bis
own hand, whicb I am ready to produce, and, if
J|[oar lordships please to give me leave to pub-
isb tbero, it sludl be done speedily ; which,
1 presume, may ^ve great liffht and satisfac*
tion to your IbnUhips and to the world, of tbe
injustice done to Iiim.
<< He further complained, that t&e judges
'And jury did receive, for a second evidence,
itoQoe scraps of papers, written many years
before,. in answer to Pillmer's book, as if^^tbey
could have any relation wiib what was pre-
lewled than at his trial ; he camestiy desucd.
that thoee papers prodoeed aBainsthimf laiciil
all be read in the Coutt, that they might kraqpa
whether they were good or bad, true or n^ ;
which was refused.
*' After this trial^ colood Sidney, oonsider-
ing thetrirregular proceedings, applied liimadf
to tbe king by bis petition, which I presented
myself, representing to his majesty the wrong
he thought was done bim ; but could obtain
no relief being referred to tbe same ju^es of
whom he complained.
" Of these he did complain, and OHuiy otiier
particulars that would be too tedious to rdate,
and I should fear to do him wrong in nol
setting them forth as they ought to be ; there-
fore must refer to his Apology, which he ddt-
vered me before bis death, and then told 010,
' He was persuaded that his death would bo
' called in question ; and so left me thoao
< papers, as a testimony to tbe world of the
' urregrnlar proceedings his prosecutors omdo
« use of to destroy him.'
'' Decem. 11th, 16^9. " I>ucMS.'*
Tbe EXAMINATION of Mr. RICHARD
WYNN, taken the lltb of December,
1689.
«*This Ezaminant saith, That be was
dtor to colonel Sidney ; and that, presently
afler bis trial, tbe lord chief justice sent hina
prisoner to the Ring's Bench, for saying,
' that the jury were aloggerfaeaded Jury ; and
' that they had not evidence sufiQdent to find
' such a verdict, or that they found a verdict
' contrary to evklence.'
" And this Examinant saith, That colonel
Sidney excepted against several of the jmy ;
against some, as not being freeholders ; and
against others, as being in the king's servioe»
and receiving wages from his ni^esty.
** This Examinant saith* That be was at
colond Sidney's trial, to write short-band, and
be was reproved by tbe Court for speaking to
the prisoner : Mr.i Sidney put in his plea mto
Court, but did not insist upon it ; the foul
draught of which be shewed to this com-
mittee."
i
The EXAMINATION of Mr. SERJEANT?
ROTHERAM, taken the 11th of De-
cember, 1689.
'< This Examinant saith. That be with
Qtbers was of eoun^ for colonel Sidney ; and
that, by the persuasion of Mr. Bamfield, he
drew a plea tor him, which colonel Sidney at
bis trial threw into Court, and prayed it nugbfc
be read.
<' This Examinant saith. That it was to de--
fltre the distinguishing of the treasons laid in
the indictment and quoted the three acta of
treason. But the Court told him, < That, if
* tbe Plea bad any slip in it, he must have
^ judgment of death pass on him immediatdy.*
Afler tliis, he pleaded Not Guilty.
** This Examinant aaitb, Ue prayed a oopy
989] flTATS^ T&IAU, 35 Ckarlss lU iBSi.—fw High neM$mu
ofthe indictment, which he chaDeng^ as his
due; but the Court refiised it him. *
<« This Examinaiit saith. That, after he was
found Goilty, he told him, < That they proved
* the paper which they accused him of, for
* being his hand- writing, by a banker, who had
* only once his hand to a bill ;' and to that he
mioted the lady Carr's case, in the Ring's
ffench, in Trinity Term, 1669, wherein it was
adjudged, * That, in a criminal case, it is not
* sufficient for a witness to swear he believes it
* to be the hand of the party ; bat that he saw
* the party write it :' the words in the case are,
« That it must be proved that she actually
* writ it I and not that it was her hand, ut
* credit.*
<( This Examinant saith. That colonel Sidney
asked him, with the rest of the counsel, * Whe-
* ther all the b(A>k should be cesd at his trial ?'
The counsel said, ' It should.* The book was
k^way of questions, and merely about a dis-
eourse of government in general, as far as. he
could find, after several hours reading in it ;
for he believes it consisted of about seven or
800 sheets.
*< This Examinant saith. He knows nothing
of the lord Russell or others ; but he saith, Mr.
Henry Guv came to his chambers, and asked
him, * Wnether he was ibr the dispensing
' power .^ He to|d him, ' No, he was against
' It ; ibr it was both against law and con-
* science.' He saitb, he was afterwards made
a judge, thooffh he thought it was enough to
have hindered any man from being a judge,
#0 freely to declare his opinion as he had done."
The EXAMINATION of Sir AMBROSE
^ t^lLIPS, taken tlie 11th of December,
1689.
** This Examinant saith. That he knows
•otfatngof his own knowledge concerning the
three heads mentibned in the order ; but says,
be was always against the dispensing power.
** This Examinant saith, That Aaron Smith
had been Kis client, and there had been a
friendship between them ; and therefore, he
thought ne jnight have prevailed, with him to
have declared what . he knew ; which he
tboo^t would have been a service to the
public, and withal a service to himself.
«< This E^ihinant saitb, He cannot be<p^-
tiye whether Mr. Roger North gave him an
order to go to Aar6n'Smith, or whether he told
him,' * he should find an order with the lieu-
* tenant of the Tower f but this exaidinant
iaith, he did J[o to Aaron Smith,' and use the
arguments a fnend might do in those cirenm-
atances ; and told him, * he .Was under an
* oblifpition to confess .what he knew;' and
likewise told him, ' he came not to trepan him,
* nor wpuld he diicbvet* more of what be would
' tell^im than he would give him leave :' but
he found him very i-esolute, and so h^f^irly
took his leave of nim', and nev^ came near
him more.
<« This Examinant saith, That he bolierw
he might say to Mr. North, Tliat he had
*■ such a power over Mr. Smith as to per-
* suade him to tell what he knew ;' but he
saith, That nobody but Mr. North either per*
suaded or advised nim to go to Mr. Smith.'*'
_ »
The EXAMINATION of Mr. NATHANIEI^'
GALE, taken the 1 1th December, 1689.
** This Examinant saith, That be knowf
Josiah Keelin&r ; and that be never paid hioK
any money ; but, by the persuasiofi of Keel-
ing's mother, he procured him 100/. of on«
Mr. Wolfe; a merchant, to supply his neces« '
sities.
<( This Examinant sait^. That Keeling gav«
his bond for it, and paid it three months after,
which was after he was become an evidence.'*
The EXAMINATION of Mr. JERVAS SEA-
' TON, one of the lord Russell's jury,
taken the 11th December, 1689.
<< This Examinant saith. He is a distiller by
trade ; and that he knows not Burton nor Gra-.
ham, nor had he discoursed at any time with
either of them ; he saith, he was empaneled by
a summons left at his house by thesheriffa
officer.
" This-Examinant saith, That he heard no-
thing of the heinonsness of theknrd Russell's*
crime befoE;^ tlie trial, nor was he persuaded by
any one to attend the trial ; but he hath been ;
of juries both before and since that trial ; and^
he saith, he was not treated after the trial, no^^
dined any where till he came home."
The EXAMINATION of Mr. THOMAS
SHORT, Drugrat: one of the' lord
Russell's jury, taken the 11th of Decem-
ber, 1689.
"This Examinant saith, That he knows
Burton and Graham by sight ; but hath had
no discoui^se with them.
<* nniis £)caminant saith. That he was sum-
moned to the lord Russell's trial by a ticket,
left at his house by the sheriff's officer ; and
saith, he was not encouraged by any one to
attend there, nor did any one insinuate to him
the'heinousness of the lord Russell's crime.
'^ This Examinant saith. That he was not
treated after the trial, nor was invited to dinner ;
he believes he suppeid at home ; and is sure he
had no money given him other before or after
the trial."
The EXAMINATION of Mr. WILLIA»{
BUTLER, Harabuigh merchant, one of
the lord Russell's jury, taken the 11th of
December, 1689.
" This Examinant saith. That be halh
Burton and Graham, but hafh no anquainlaacc
with them; and saith, he presuDMi the Bum«
mens for him to attend the trial was left at his
house.
991] STATE trials; 35 ChAWEs 1L l685.— Tr« ^ ^enm SOkey, [jgf
«' This EzamuMUit taith, That he had no
iDtioBatioii of the heinoufiiesa . of the kNnl
R^ibsell'd crimey nor was eneounged to attend
thattrtai*
<« And fardMr this Examhiaiift aaitb, That,
to the beat of his remembrance, all the jury
were at the sherifT's treat ; he is sure it cost
1dm nothing; hesaith, it is customary ihr the
aheriirs to treat the jories at quarter sessions ;
and M for Ro«se, be doth not know, whether
he waa there or not*'
The EXAMINATION of Mr. JAMES PICK-
. ERINO, merchant, one of the lord
Russell's jury, taken the llih December,
1689.
^ This Examhmit saitb. That he was at
Hr. Gniham's chamber about five years since ;
but korw nothjoe of the lord RobmU's crime
before he was of Uie jury ; and he endeavoured
to get off tly and was not persuiukd to be of it.
«' This Examinant saitb, That the jury bad
the wual treat proTided by the sheniis ; but
knows not whether Mr. Rouse was at it,
*< This Examinant saith, He spent some
PDOney after supper ; but he hatiii never been
•f a j«ry of liie and death bat that titne."
home; andwunev^MJuryofhfe.iBdMh
either before or
)f
The EXAOTNATION of Mr. THOMAS
JBVE, haberdasher, one of the lord
Russell's jnry, taken the lltb December,
1689.
«< This Examinant saith, That be saw Bur-
ton or Grobam about seven years ago, at Mr.
secondary NormanselTs office, but he never
apbke with either of them : be saith, be Was
wmmoned on the lord Russell's trial as was
ugoal ; bflt nobody M insinuate to him the
heinousness of his lordship's crime.
** This Examinant saitL, He was not treated
after the verdict ; nor doth he know that they
had either any dinner or supper.
<< This Examinant saith, That he knows not
whether some of them went to the tavern and
spent their own lAiouey, without any other
body's paying for them ; nor does he remem-
ber that -Mr. Rouse was with them.
« This Examinant saith, That he never was
upon a jury of lilb and death till then ; but he
hath been often on the grand jury •''
The EXAMINATION of Mr. BOBEttT
BROUGH, Linen-dniper, and one •(
the lord Russell's jury, taken the Ufl^
December, 1689.
<^ This Examkittt aaitb, That he knm
Burton, bat never cared for his oompiBy, bi-
eavse be was a proud maB ; ha sailB, nsMy
diseoitfaBd hhn imat the k>rd Rosseirseiae
before the trial ; and he oanoot say he vis
treated after the trial wiOi either a sapper «
wine I nor was he at any tieat aaong thai''
selves at any time after.
«< This i^nonnant saith, That he bath Ims
often summoned on Jtvies \ bat NsmiMll
theaecoodary washis ^cieiid, and veitsget
him oiL
<« ThB Examinant saith, He stood Bit ftr
from the Lord Rumdl, and hishintabiphiathaB
swear him. He sHuth, that die jmy VM
about a quarter or half an hour iirdeliaoiig'bs*
fore the vordict ; and that Thomas Oiabir, «M
of the jury, writ fh6 hrial in sheitrfaaBd, nd
re#dittothe)iiry.
uXhii Exammaat aaith, thai ht hith bett
since on Webb's aad 8t. John's Jmiei."
The EXAMINATION of Mr. H. NODEN,
one of theiord Russell's jury, taken the
11th of December, 1089.
<«l%is Examinant saitb, That he hath
^!t in tobacco, but now deals to sea as. a
netchant, and hath never been in company
eidier with Burton or Graham ; but he was
■■■ineniii to be on the kvd Raasell's jury^,
h«n never hevd of his crime before ; nor vi«s
haeaeooragvd by any to nitcnd tiie jary.
•' Thin fixaonnaBt saith^ That he was not
traated after the verdict hut went diraetly
8
The EXAMINATION of Mr. WILLUM
FASHION^ Scrivener, one of the loid
Russell's jury, taken the lith Devembfft
1689.
« This Examinant saith, That he netdicr
knows Burton nor Graham, but wasiaiBOHiDed
to the sessions by an officer leaving a ticket;
and that he knew nothing of the lord 1)^<b*^
trial till he vras sworn ; nor was he enoouiaged
by any one to attend it.
•< This Exammaot audi, He befievcs W
victnals were appohited by the ^^P^^^^T^
jury } and be sapposes most of his osfltfwflj
vrere there ; but it wan almost csU; he ]gid
notfainf , nor knows he that any body d« oi*
i« This Examinant sailh. He thinks the s^
ficcrs carried them thither; but he was M
last man who went oat. He saidi, «^ J|*7
wereabont an hour before they bmughiiBM'
▼crdict."
The EXAMINATION of Mr. THOMAS
OMEBY, one of the kird Russell's jwy,
taken the l3th of iDeoember, 1689.
•'This Eacaminaat saith, That he ^
tnrfnff mcrtbaat to Basbaiy and 8pa»jiJ »•
time» the lord RusaelPs trial ; sad » J*
neverhcttdorthelord RMSsfl'^cnmetillM
eame to the trial. - .,^^,--1
« Thii Bnminaot mMt, Bt nertherjflwww
Barton nor Graham; nor vras he enewry;
by any to atiaad the jmnf, but cndsavf«res
*^»This Examinant saith, Heknoiwi»«*{
n»M«ofthe jwyi Borwh«llwrKwiiir»»»
993] STATE TRIALS, 35 Charles il. iGSS.-^for Ifigh ThoML [994
the ttctA^ whicb (as was then said) was usually
proiided Wfhe sheriff.
^ " This £xaminpuit saith, He looked then on
liimself to be worth five or six thousand ftounds ;
and traded till withm these^ three years." /
The EXAMINATION of Mrs. JANE MA-
THEWS, taken the 13th December,
1689.
** This Examinant saith, That she can say
nothing but what is relating- to her father ; and
as to him, she saith, That he was seized and
brought from on board the yacht by the lord
Ck>dolph(n*s warrant, and sent to Newgate;
and though the king was petitioned that he
miffbt haTC coulftsel, yet none could be admitted
to him, norany friends to speak with him but
in the presence of a keeper.
\' This Examinant saith. That sir William
Wittiafbis was his counsel ; and her father was
all the time kept close prisoner, and had one
chain on about a fortnight; she saith, Mr.
Richardson beat her sister, whilst she was on
her knees, asking her father's blessing.
*' This Exammant sahh, She was at the bar
when her father was at the king's bench bar ;
he demanded his trial, and also the benefit of
the statute of outlawries, as likewise counsel
in matters of law ; but the court refused him
both trial and counsel, after the stotute was
reail : Shr Robert Sawyer said, * He ho[>ed
* now that sir Thomas would say, he rendered
* himself?' To which her father repKed, *Tliat
* he had been kept a close prisoner, and there-
* fore could not do it ; but now he did render
* himself.'
'^Tliis Examinant saith, That JeiTeries
0ud, ^ He should ha?e done it before.' Her
&ther revlied, « He did it then, and that that
* was witbin the time of the act. ' Jefleries told
him, ' They had nothing but the outlawry to
* go upon ; and that he was not within the be-
* nefitoftheact.'
«< This Examinant saith. That her father de-
manded the benefit of the hiw ; the lofd chief
justice told him ' he should haf e that to the
^ fuU ;' and immediately ordered his execution ;
and the night after his sentence, he lay chained.
She saith. That Withins, Holloway, and Wal.
cot, were his three other judges.
*' This Examinant saith. That she questions
not but to prove the lord Howlird perjured ;
ibr her father said, in the speech he left behind,
^ that if he had been tried, ne could prove those
* base reflections the lord Howard made of him,
* tofae aU yes and notorious falsehoods, and that
* by ten gentlemen, and all the servaots of the
* house ; for he was at dinner that day at Spar-
* row's with the lord Howard and others, who
* swore he was not there.'
>«ThiB Examinant saith, That when her
lather in court said, ^ My blood be npoii you !'
(meaning the lonl chief justice) Jeffenes* said,
* I^ it, let it ; for he was clamour proof.^
VOL. IX.
The EXAMINATION of Dame KATHE-
. RINE ARMSTRONG, taken the I3lh
December, 1689.
'< Thb Examinant saith, That she w<>nt to
the cursitor of London, to demand a writ of
error for sir Thomas Armttroiig after his trial ;
and told him, she was ready to pay him all due
fees ; but he refused, and told her, * she must
* go to the attorney general.'
" This Examiuant saith, She doth not re-
member that she went herself to tlie attorney ;
but her daughter waited on him, and she told
her, he refused it likewise.
"This Examinaut saith, That then sh*
demanded it publicly in the court of chancery,
of the lord keeper North ; but he told her, * it
' was not for him to give it, but the king ;»
Whereupon she desii^ his lordship to take no«
ticc, ' That she demanded it ; and told him,
( that he did not know how soon it might be
c another bodj^'s case/ •
The EXAMINATION of Mrs. KATHERINE
ARMSTRONG, taken the 13th of De-
cember, 1689.
<< This Examinant saith, That she was not
at the bar, when sir Thomas Armstroi^ wai
tried, only her sister Mathews was diere ; but
she knows that captain Ri«hardson used her
father very Ul, and made him lie with a chain
on one leg. \
'* This Examinant saith, That Richardson
would not suffer her to see her father alone ; but
was very rude to her, and struck her in such a
manner, that she had so sore a breast with tha
blow, that she could not put on boddicein three
quarters of a jyear; it was when he carried
her father to tne council, and she being in the
outi^ard room to the council, went only to adc
her father's blessing.
*' This Examinant saith. That she waited oa
her mother to th^ cursitor of London, to de*
mand a writ of error ; but thou^ they wet«
ready, and proffered to pay alfthat could he
demanded, yet it was refused. She went also
on the same errand to the lord keeper Noxih,
Mr. Attorney General, and the lord chief jus*
tice Jeffcries ; but could get none.
•Hie EXAMINATION of Dr. OWEN
WYNNE, taken the 13th December.
1689.
<< This Examinant saifth, That he knows
nothing Gonoeming the several heads m the
order ; but be hath neard that instruct ions %Tere
given by Mr. Brent and others, as to the regu^
lating of corporations ; and that John WiUiamSi
Lewis Owen, and William Wynne, were em-
ployed, as he hath heard, about regulations in
Wales *, the la$t was one that acted ilnder
them.
** This Examinant saith, That a Com'mittiM
met at the lord Sunderland's ofBee i^ut it \ but
he was under the lord Middleton.
3S
9ft5] STATE miAUS. 35 CrtAfttEB H. les^^TrielilfJtlgeKn^SUii^, {^
^ I* Tlib Examinant saitb, he knowA not who
were 'tbe public assertore of the dispensing
power, biit as h'e^*ea(] in print; lie'beard that
the judges met abopt it, and only one was
agafni;t It ; fte ^aitb, ^veral warraiits passed the
secretaries office, for new chtirters to corpora •
tidns."
The EXAMINATION of Mr. feOGER
NORTH, taken the 13th of December,
1639.
<^ This fexaminftnt saitb, Th^it li&]^r6curcd!no
order for sir Ambrose Philips to go to Aaron
Smith in the Tower; nor doth he beUeve
thtit ever he had any discourses about that
todtu^.
** This fexaminant saith. He is confident he
never delivered him aby such order ;' nor did he
tell him that he should find any such order at
the Tower-; nor, to the best of his remem-
brance, did he e?er know that there vns ahy
such order.
. * ' And this Examinant saith , Tl|at sir Ambrose
Fhilipis (loth niight^y misr^member, if lie says
he Bad any sucli order froin him : ;R)i:>;if he had
grocured him such an order, he could not bat
We remetntten&d it, atid Vi^rily belieres he
thotild haye remembered it, which he'doth hot ",
And be saith, that, to his ktiowli^ge, h^ never
m^dfed in stich matiers."
• « The Mtirquis of Hklifax was lord (irlvy te&l
from October, 1682, to Februaty 1684, in which
time i5i*]Ety-sfac 'charted were granted, where-
MT'oue pa!>5ed hAmedidt^. No dispen^ions
passed in thit'time. Iti that time forty-due
pardons, ivith Nbnt)bdt&ntcs and clauses with
d^>ie^satioi]9, were gradtc^, whereof three
J^aned Mnediate,
'•* The earl df Clatefldoti was lord Jitivy seal
fhmi F^bnAiry 1684 tb Decettb^r 1685, in
which time ninety-four charter^ were^^niuted,
trhertof Seventeen ^^^'tntmtdiaU. Nb'dis-
pcfnsationfs pnssH^d in that time. In thst 'time
ten 'pardbns, T^ith Nbh Obstatitv^ and 'clauses j
fHth digpeh^atfonis, were granted, where6fW<>;
fM!isse<l immediate. i
"Tiie lord TivditaViti others ivereCotn-l
mifi$i6ne'rs Of 'the pHvy seal from December
1685 to March, 1686-7, in which time twenty- 1
six charters were granted, which passed the of- !
fice in the usual manner. Dispensations, witli'
ibd penal laws, in ihat time were eight, whereof
bne was immediate. In that time seventy par- '
dpns, with Non Obstantes were passed, where- 1
of Oft^ ofthbm immmat^, I
"Tlie lord Arundel of Wardour w<s lo«l
|irhry seal from March 1686-7 to the 4 of Jac.
S, m which time ftfly-six charters were
granted, whereof fbrfy passed immidht^. Dis-
pensations m that time tyere thirty-tive, whereof
three 'passed inmiediat^. Tn that thVie forty-five
luMftns, with Non Obstantes, -Jia^scd,* whereof
twenty five immediate."
Li''
Will, ai d Mary. No. XXIV.
Aa Act for anonlliDg and making void iha
Attauider of ALGERNON 8U)NBY«
esq;»
Whereas Algernon Sidney, esq. in the tenn
of St. Mfchael, in tlfe 351b year oTtbe i^iga ^
oar hite sovereign lord king Charfek the Sad, is
• " The purport of some bills,* aays Mr.
Hatsell^*' (2 Precedents ofrroceedingsla dw
House of Commons, 387) " mustncce^arilylie
commuhicatVI to theking even before tbey anc
presented as Bills for the reversal of attajoders
or outlawrieis, and for restitution in blood.'^
And in a Note, be adds, ** The Bill to 're%cr»
the Attainder of lord Hussellcame to theHoiae
of IJords in paper, u ith the king's name in die
margin and recommending the biD. It was re-
ceived by the Commons without any recon-
mendation, passed through that IIoase,aDdbid
the royal assent as a private \n\\ ; and we samp
proceeding was had in the case of the reversal
of Algernon Sidney's .attainder. Bat m the
bill forVestoring Basil Hamilton inblooii, the
bill had the kii^s ^igiv manual at the top of the
engrossment, and was ]^resented, so eDgrossed,
and sign,ed by the king, totheliords. But Hu^
was, as tlie vlerk of the Hoyse of Lords t^u
'jne, a mistake. See the '22d of May 17SS.
Conamons' Journal?^
On the first reailing in the 'Coddoh
of the bill for reversing t^e Attainder of
Iprd Russell, the following debate took pliet
(S( e 5 Col>bet^s Pari. Hist. 109).
Mr. Finch, I sec inahy geotlemeos' e^'csait
upon, me ; thercibre I stand up to gire an
ac^unt of my rdisoiis for the part^IactediD
that unfortunate bustness^Jrtiat may more in*
mediately concern n>e> ^ae was takeo down'
to <mler, not speaking properly agaiast tbi
bill. J I tim easily satisfied with the detenni-
nation of this House. I am sure, my motioa it
for reading thq bill a second time. Istuid
up only for one clatise in the bUl. ^vcry ga}-
tleman knows, as well as myself, that a coasja*
racy to levy war against the king, is treawa,
by the Statute, 23 £dw. S. [He was tfkm
down agaiQ to order.] Give me leave to findh
cate myself; what 1 shall ofo will be ray
short; the reasons Thad to uige that pout
of treason : if kiw-books have led me in at
wrong, I am ready to rectify my OpiffioD, wh^
ther to conspire without levying nar be treasoa*
It is to conspire the king's death, to km bin
in custody till such things^ be doae. -i\^
conspire, as in the «a8^ ofDf . Storey, to in»*
a foreign prince toinv'ade the kiogdom, tbosp
nothing Ibllowed upon it. It was freasoaw
lord Cobham's case, upon debate a£ al) the
Judges,^ in the Retort, « conspiiacj to 1^
war against the kipg, was, to conspire •$"**
;the lite 6f tije kinff .' To fliro w open all uie»-
surerjgenerally aU ovey thp kingaoni, WM ""•
case of ttte Miller of Oxfordshire, w^JJJ*
actually ezecttted. -IJpon Ibis the mK<^
STAVB TRIALS, 35 Chahlbs H. iS^.—fk- tBgh TWaton.
'99fi
t^ o<mrt of Kuig^-BeDoh $t Westminster, by
m^tosofiin iH^Bp&l^ retqrn of juroFB, and by de-
nbiloflittlawrai challenges to divers of theni,
for want of freeliolc),and withontsuffictent legal
- CTid^o^e of-any tresusoh^ committed by him ;
there being at that time produced a paper fbond
in the closet of the said Algernon, supposed to
be his band writing, whicli was not provedlty
the testimony of any one witness, to be written
bybim ; but the jury was directed to beliereit
by cofipfiKing if ^^ ^^ V^Dgs of the said
Algernon ; tesides that paper so procluced,
tbire was but one witnesfi to prove any matter
against the said Algernon ; and by a partial'
•lands in books. Any general design (though
not immediately against the king's penon) to
keep him in custody, tiUhehadconttrmedaDy
thing that the people would have, is treason;
asinthe^aseof Rea and Ramsey^ in Rush-
'worth's CioUection — ^To raise war against the
king, all the Judges declared it treason. Hav-
ing aaid this^ it is authority eiAOugh £br any
lawyer to do what I did. Whe&er the Judges
were in the wrong, I shall not detecmine. [He
was taken down again by 1
Sir Henry Gtw/rkk, It is strange to me to
JkMtr that learned gentleman vindicate hUnself,
wben nobody aocuaes him, and thereby to
asraign tbeju^ceoftbe Bill for repealiogthe
iHu-barity of this attainder by tl^is murder. This
is not to be suffered.
The Speaker, The learned gentleman, from
his own vindication in the part be acted re-
lating to this noble lord, haif let himself into
law-books, against the orders of the house.
Ur. Fineh^ I ask pardon of the house.
What I said was not against order, since the
house save me Wve to vin^cat^ mysdf. I
only showed yon what I had read, and am*^
from arraignins* this noble person ; I did not
intend it, and bare as much respect foe tibis
noble fiunily as. auy body. And now I have
vindicated myself as to my proceedings in mat-
ter of Jaw, 1 desire th^ Bill may be read a second
time.
Sir Henry CapcL For respect to the family
<nd the memory of this noble lord, I am sorry
tbb gentleman did speak ; and Jo vindicate
the memory of this noble lord, read the bill
presently. Me has cited book-cases to justify
bis proceedings, &c. which is properi^ at a
second reading. I am surprized at this gen-
tleman's proc^^iugf uid am sorry he has pro-
ceeded so&r.
8ir Wm, BuUeney. I hare as much honour
lor this person, ^d noble &mily as anybody,
but I would keep up order. 1 would not have
the Bill read a'second time now, but to-morrow.
This learned gentleman did make a vindication
of himsdf. f will not undertake to answer him
presently ; 1 may have occasion to anpwer him
to-moRow.
Sir Bokert Homatd. I cannot name lord
Russell without disorder- I would neglect all
things toread this BUI a second time. P^haps
llMMttaed geBtleman may tell us how large
f99«
and ui\)ust construction of the statute, Beclarine
what was his treason, was most unjustly and
vvrongjiiilly convicted and attainted, 'm^kfjxr-
wards executed for ht||(i treason : May it there-
fore please yonr mostexcellentniatesties, at (Afi^
humble petaioQ and request of the nAi ho-
nourable Philip earl of Leicester, brother and
heir of the said Algernon Sidney, and of the
riffht honqun^ie Qepiy viscount Sidney, cf
Sheppy, in the oonnty of Kent, the other bro-
tWofthe said 4t8)fn)9u, That it%ededared
and enacted, and be it enacted By tfaie King's and
keen's most exceUeot miyestiea, by and with
tbj^ adrice and consent of the Lonb Spiritual
and Temporal, and Commons, in this present
parliament asiembled, and b^ the authority of
the same, Thattbe said conviction, iudgment,
andat^iiideroftbe said Algernon Sidney be,
and are repealed, reveised, made and. decfared
nail and void, to ail intents, constructions, and
purposes whatBoever, and as if no suck con-
viction, judgment, or a^aindcc bad ever been
had or giveu : . and that no cocruption of bfood,
or other penalty, or forfeiture of konoucs, digni-
ties, goods, chattels, lands, tenements, or here-
ditaments, be by the said conYictioi(i . and at-
tainder incurred » &ny law, usage, or custom,
to the contrary notwithstanding. And lo the
endtliatriglirbe done to &e memory of die
■
the law. is tlien ; it is a sufficient thmg to name
that noble, lord, t am not able to say dny more ;
but pray read the bill.
8vTko. lee. This Bill declares, ttha|tbe
law-Woks the learned gentleman bas quoted
were wrong ;' and if he doubts it, iife reacting
it s secoo4 time will set that pa^ righ^^-Tbe
BiU was read a second lime.
Mr. BoKowen. I hare hearkened diligintlT
to the learned person's Law-cases. By tlw
fljith (if £dw. 3. Wioar^ Judges bd-e of thetr^e
intent of that statute; ^nd I would base it
read [which was done3- | ohserve, hy that sta-
tute, the abridging treason pertain, fwhich wa»
bc&re uncertain, for favour of tbe sulueet'. It
seems to me strange, if compafinng me death
of the king sboald betceasou, and wryiqgwar,
in another place of the statute : if that be false,
it must be taken out of the bifl. To me it
seems to be a great wasting of the law. ' It
seems to be a transcendent wreskmg of the law.
pray fead the bill a third time. "
a'r 7Ao. Ciarget: I think the BiU is care-
fully penned, and I tiilnk the must that loril
Russell could be guilty of, was but misprisioB
of treason, war Ming not actually levied.
Sir Tko.JUe. If.there be no^ectioii against
the Bill, it need not be committed.
Sir Tho, Ciarges. In- one clause of theBil
there may be two or thre^ words left out. Tt
is said, .''It is at the request of the earl oi
Bedford and lady Russell only.' The justbe
of the nation is^n^eaterto you than on any par-
ticular person ^s inducement. This Bill i» not ex
^Mt ja, all the nation is concerned in it. Wbea
It is ejs gratia^ it onj^ht to be signed by tb»
kmg.'— The BiU was ordeiied tQ be committed.
9999] STATE TRIALS, 35 CuARtES IL \6^.^Trkl€fAlg€rmm SUmg, [loeo
. said AtemaoD Sidney, deceased, be it further
eaactet^ That all records and proceedingB re-
.latinff to the said attainder, be wholly can-
celled, and taken oflf the tile, or otherwise de-
. iaced .or obliterated ; to the intent that the
same may not be visible in after ages : And
that the records and ]iroeeediBg8«f and toUis
^d conviction, jadgment, and attainder, in the
said court of Kin^'s-bench now renaioin^,
shall, and be forthwith brought into the said,
court, this present Easter Term, and then and
there taken off from the fileaaJ cancelled.
Remarks on Colonel Algernon Sidney^s Trial. - By Sir John
Hawles,* Solicitor General in the Reign of Williatn the Third.
.THE lord Russell bemcf executed, and the
Ininie day what was called bis speech being
published, than which, nothing in print Mas so
eagerly accepted or sought afler, which shewed
. the inclination of the people, there was some
respite for quieting the mmds of the people ;
bat it was not to stop there, as Colledge said ;
«ad therefore colonel Sidney (who was talked to
death under the notion cf *n commodwealth's-
. man) was, the 7th of Noreinber 168S, brpught
. to Westminster to be arraigned on an indictment
of high treason. The indictment at the time
he came to the hall, was so far from being
• found by the grand jury, that it was not so
Diucb as presented to them ; but the king's
• counsel, who had packed the jury, knew well
enmtgb that it would be accepted, that is, found
iipoii sight by the jury, without any tx>nsidera-
lion ; which was accordingly done, and colonel
SidBey tbereopon arraigned. The indictment
was for designing^ to clepose > the king, and
to persuade we king^s subjects to rebel; 'and
that he did write a certain libel, wherein it was
contained, that he (meaning kin£f Charles the
second) is subject to the law of God, as he ^ a
man ; to the people who made him such, asa
king, &c. To which indictment he would
have put in some exceptions, exprest in a
jnrchment in hi? hand, but was told by the
court he must either plead or demur, and upon
no other terms exceptions could or ought to be
admitted ; after which he pleaded not guilty;
The 31st of November be was tried, at wniclu
time he insisted to have a copy of his indict-
ment, as he had done when he was arraigned;
but was both time» denied. The tirst witness
tffainst the prisoner was Mr. West, against
whom colonel Sidney objected, because he was
.aot pardoned; but it was answered by the
court, that he was a good witaess in my lord
RosselPs trial, and therefore should be in that.
Then colonel Sidney desired Mr. West might
lapeak nothing but what he knew of colonel
8idney y but was answered by the court, he
^nigbt give evidence of a plot in general, though
colonel Sidney was not concerned in it; and it
tras called sir William Jones's law. Then Mr.
West went on, and gave evidence of what co-
lonel liumsey, Mr. Neltborp, and Mr. Fergu-
son told hin\ of colonel Sidney ; but of his own
knowled;,re he could not say any thing of the
.. f Seehis Kemarksattheend of the Cases
aif Filashanris, Colledge, lord Shaftesbury^ the
Otjr of Loodfin* apd Msd RusseUL
prisooer. Rumsey gave a like evidence he ha4
done in my lord Russell's trial, with an addi-
tion of what Mr. West and Mr. Goodfnoii|[fa
told htm; Keeling gave evidence of wMt
Groodenoi^fh toM him; all which the oooit
agreed was no evidence against the pmoner.
Then the lord Howard gave the like evidenee,
from the middle of January to that time, u he
had done in the lord RosselPs trial, saiing ibst
he said the earl of Shaitesbury was broogiit
into the cabal, who was not mentioned bdbre;
and save that he said the meeting at my Ind
RusselPs was about a fortnight or threeweda
after the meeting at Mr. Hampden's; whereti
in my lord RusselPs trial, he says it wa« about
ten days after th^ meeting at Mr- Hampdea't
house: and here he makes two notable speedM
tor Mr. Hampden at the opening of the conioll,
both which he had forgotten at mylord fivf-
seiPs trial, nor could remember at Mr.. Hamp-
den's trial, though in the last he was led by a
great many questions to put him in mind of
them. After his evidence, given, colonel Sid-
neywas asked, whether he would ask die wit-
ness any questions ? Who answered, be bad iM>
questions to ask him ; whereupon theattoniey-
general said, ^ Silence You know tbe pii>-
* verb.'
The record of the lord Russell's coovictioQ
and attainder was given in evidence. Sir An-
drew Foster swore sir John Cockram and tbe
two Campbells came to London. Sir Pbilip
Floyd proved the seizing of some papen ia
the prisoner's house, and he did believe tbe f«-
pers shewn in courtto be some of them. Sbep-
pard, Cary, and Cook swore the writing jprv-
duced was like the prisoner's hand-wriliiig«
The attorney -general desired some part of oe
writing should be read; the prisoner desired
all of it might be read, but was answered by
the court, tliat the attorney must have what
part of it he would to be read, and aftervanb
the prisoner should have what part of it be
would to be read ; but he pensBsted to desire all
of it shoukl be reail. Then the writingj"^
read (which was plainly an answer to a booK,
but what book, was not mentioned) in wbin
the right of the people was asserted. Tlie eari
of Anglesey gave the same evidence Iw ^
prisoner, of the lord Howard's speaking of vy
lord Russell, and tbe plot, as be bad done n
my lord Russell's trial. . Tbe earl of ClareaaHl
that the k>nl Howard, after colonel Sidoeri
imprisonment, said, if be was questiooed agai^
he would never plead; the qmckeft disp>t>>*
1001] STAT£ tklALS, 35 CoABLBfi
was the best, be was sure they would hare his
life ; and speaking of the primate of Armagh^s
•prophecy, tie said, the persecution was began,
«nd he believed it wotud be very sharp, but
booed it would be short; an<l ^i^, he thought
•cOMNiel Sidney as innofc^t as auy man* breath-
*^.6r> ST^^'^ hini great encomiums, and bemoaned
bis mistbrtunes ; and as for oo). Sidney's pa-
pers, he said, he was sure tliey could make no*
thing of them. Mr. Philip Howard said, the
lord Howard said it was a sham -plot; Dr.
Burnet gave the same evidence as he did in
my lord RuaseU's trial. Mr. Jiiicas gave evi-
dence, that the lord Howard said he koew no-
thing of ool. Sidney's behig in any plot. The
lord Paffet gave evidence to the same purpose.
Mr. Edward Howard gave evidence to the
•ame purpoee. Tracy and Penwick gave evi-
Aeneetotheiuunepttrpoae. Mr; Blake testi-
fied, that the lord Howard said he had not his
pardon, and could not ascribe it to any other
reason, than that he must not have it till tiie
drudgery of swearing was over. Now to re-
view wluU hath been said, it is j^trange to see
what a progress was made in the resolutions of
points of law, to take away a man's life ; so
say it in col. Sidney's words, as if the court
•nd counsel thought it theiraduty to take away
a man's life any -bow. Mr. West, and several
others, are admitted to. give evidence by hear-
say against the prisoner, and their evidence
afMnnied up, and urged as evidence to the jury ;
and the reason given for it was, that he was
admitted a good witness of a like matter, in
the lord RosseU's trial ; which, besides that it
was not true, for it was rejected in that trial, as
it appears it was in the pnnt, yet if he had been
admitted, of na authonty, as col. Sidney said,
because, perhaps, he was not excepted to. Of
a like stamp is the eviilenoe of the conviction
of the lord Russell ; though I agree the -lord
Russell's conviction was as &food evidence
against 'Gol. Hidne^s as the earl of Essex's mur-
4# was against my lord Russell, and no better.
^e same may be said of Rumsey, Keeling,
Forster, and Atteibury's evidence. Against
the lord Howard's evidence there were the
same objections as in the lord Russell's trial,
with the addition of several other persons testi-
fying he said he^ knew not, nor believed any
tfiing of the matter ; and that he could not
have lus pardon, till he swore others out of
their lives, which in truth was tlie sense of his
expressions.
The king's counsel indeed had thought of
aomething since the trial of my lord Russell,
la palliate the < matter of. the lord Howard's
saymga, (for they leaned hard upon bis reputa-
tion^ and looked as if he would perjure him-
self'at the expence of some persons lives, as
Iris words are in iSbe lord RosseU's trial).
Would you, say they, have had him confessed
the matter to theae persons to whom he had
denied itP
1 think diere is a dillbrenoe between con-
fessing and denying . Who a<dced him .tlie
question ? What did it avail him to deny itio
n. 1683«— /or Bigh Treoitm. , [1002
the persons teatifymg against him; alid there-
fore when he voluntarily said a thing nntruei
unasked,^ not provoked or compeiledto do it,
and which could do him no good, it was good
evidence of hn untruth, and that no credit
ought to be giveft to what he swore.
As for the last part of the evidence, which
was about the writing, both the indictment and
the evidence was defective.
As for the eridence, if the subject matter
of the writing had been evidence of treason,
the indictment outi^lit to have expressed that he
published it, which the indictment in this case
did ; and upon good reason, which was,
that the jury-, might be put in mind, that
the publishing of it was necessary to make
it known ; whereas they very well knew
tliat the evidence wotild not, nor did^ come
up to it. This was the first indiptmcnt
or biffh treason, upon which any man lost bia
life, ror writing any thing withtout pnUishiag
it ; for in , Fitzharris's indictment, he was
charged with publishing his libel ( and so m all
other indictments for writinff« and upon good
iceason : for tlus being nude an overt «^ of
treason, it must be an evidence of a design t6
kill or depose the king, or the like ; and as the
consequence of what the writing oontaaned,
which was, that the power was in the people^
&c. beittg in its nature no other, nor uived bj
the king's counsel to any other intent than t6
corrupt the subjects mindi, could not be evi*
denoe of such matter, unless proved he had
writ and published it, whereof the last was not
pretended to be proved.
That it was necessary to be expressed in the
indictment, and oroved at the trial, appears by
the resolution or all the judges of £i^land in
Hugh Pine's case, reported in Cro. Car. foU
117,t at e time when prerogative run pretty
high ; wherein, besides the resolution that no
words charging the king with any personal
vice was treason, there is the case of one
Peachain, in the 3dd of Henry the Eighth,
cited, who was indicted for treason, for trea-
sonable passages in a sermon never preached,
nor intended to be. preached, hut found in writ-
ing in his study; he was found guilty, hot
never executed { for many judges at the time
were of o|»nion it was not treason, as the book
says : which 1 think, according to the evidence
here given, was the express case of col. Sidney,
admitting he writ the hook produced,-and that
the passages in it were treasonable.
x\nd as this indictment was an original in the
paiticular before mentioned, so it was a second
of an innuendo indictment of treason ; Pits*
harris was the first. The prosecution ' against
Car, as I remember, was an information, and
judgment arrested after a verdict, because it wag
* See some casuistry of Dr. Johnson's, re*
ffipecting a voluntary declaratk>n, , by Mr.
Burke, that he was not the author of the
*• liters of Junius,' m BosweU's Life of Dr.
Samuel Johnson.
t See il in this Collectiony vol. 3, p. S59«
1
1003] SI^T£ ISIiULS, $S CHAftLKi^ U. l6a3.-r-nttf §fAl^tm0ii Sth^, [tOd4
lyinn— wdis oif wly<^ 09 prpyiiml ooidd he
pradiioq4 ; ttnd ahfaoo^ m adioMi ft* wonb it
was permitted, yel iacrimiDal nifttteni, bemg
feoft], it ms Msplved k ouglU not lo h% per-
■utted, and cevtainly moon less in trcnron;
and as this indielnient waa an original in ono
pad, and a aeoond in another, the evidence on
il waa an original in another part, which waa
proving the Srak produoed to be ooL Sidney's
writing, because the hand was like what some
of the witnesses had seen him write; an evi-
dence never permitted in a criminal matter be-
fore. The case oi'the lady Cam waa well
eited hy col. Sidney, against whom tiiere was
•n imuetment or miormatioB of perfury ; in
wthich it leas resolved, that eonpasison of niuids
was no evidence in any criminal praeecution:
'And it must be owned, that at that time, besides
Mealing and Twisden, there then sat in that
oaiut sir Wadham Windham, whom all will
«wn to hiive been the second best judp^e which
sat in Westmibster-hatt since the kmgHi re-
atocation : and if it be not evidence in a prose-
ontipn of misdemeanor, much ksa in treason,
as eal« Sidney said; which inference, besides
the reason of the thing, is backed by the antho-
vity of mvlord Coke.
But amnttting ool. Sidney wrote that book,
Sttd ^blished it ; yet if it were not done with
a design to stir the subjects up into a rebellioa,
but was writ and puUished only ^dispotandi
mtia,' as the import of the books shews
plainly it was, it was no mose treason, than
the discoarse between Blague and Mate Lee
about taking the Tower was. ^nd suppose it
was wrote with that design, yet it not appear-
ing when it was writ, how could a jury, upon
their o&ths, say it was done with a desiffn
to raise rebellion against king Charios the
Second, when for an^ht appeared, it was
writ before he was king, or thcoght of?
It might, for aught appeared, be writ in king
Charles the First's time, or Cromwell's time,
-^nd desigfnod against either of them, or any
foreign prince, and therefbre could not be trea-
son agaiiist king Cbaries the Second.
The evidence wasan original in this particular
also ; it was the first time that ever a parti-
cular expression in a writing was given in evi-
dtoce against a man in treason, without reading
the whole writing, and for a very good reason
given by the jury in Fitxharris's case, which
was, That there might be something in the
writiog, not expressed in the indietment, which
may explain the clauses in the indictment so
tiiatthey may bear another construction : and in
that trial it was agreed the whole writing
aught to he fead, end was read aooordingly;
and it was the doty of the court to have or-
d«ed it, whether the prisoner or jury had de^
sired it or not, as they are upon their oaths to
do right ! bat in col. Sidnipy 's case, when press-
ed by him, it was denied ; only some parti-
cular pasBaffes he might have read if he weuld^
wh^h he did act accept, upon a verjr good
reason which he gave, which was, that he
Ipewaat tfie paflsages^ the beek, ot at least
he did Ml remember them, and tfMreAm onid
no^ call fin them, ^fm ts^e, that pnctaoek
civil maltcra is albwe^l to save tine, vhoe
the nuachaef is not very |freat; becanse of t
passage in a deed ar writing, naturiiil fccddMr
peity, omitted in readihg, the matter naj bi
brought about Sgam; but m criminal, lOQck
less m capital proseootionf , they cannot ke,
unless a way can be found-to bring a nuui lo
li£i again.
Almost all the ofaxramstandes of this tail an
originals; the summing np of the eridenoe
against him was .barbaroas, beiii||f mreolire%
and no consennenoes. It was said he wu not
only guilty ot the praodoes he was aooosed €(
hot that he could not have been othecwiae, be>
cause his principles led Um to it; audit might
with as good reason have been uiged, dnitke
not only was become, but was boni a tnitar.
The last matter remarkable in the tri4
was that of an overt-act, of which dis oomt
said it was resolvai hy all the judges of Eat'
land, that if I buy a knife of J. S. to tiii ffas
king, and one wimess psove I bought sloufiB,
and another prove 1 bought it for t^jHupoM,
it is two witnesses of an overt-act withia tho
statute of Edward the Sbxth.
It were fit to know who th^ judges woe who
gave that resolution, if it wese but for the as-
thorityofthecase; for I (toubttheceasoaflfit
will convince no man: They mkht aowd
have resolved, that eating or drin]^,ortfas
most ordinary acts of a man -s hfe, is ao orot*
act of high- treason.
The law hath takeix that care tat the eri-
dence of high-treasojo, which it bath iMtibao
in. any other case, that it must be proved bj as
overt-act, proved bv two witnesses. Om
would think at the *firstsight of thestatnle,
that there should be two witnesses to the same
ihct; but that hath been adjudged othervise,
yet still it was resolved there must be t«o wit-
nesses : but if this resolutian be bw, it is phis
there needs but one. Tis true, if a nsa does
an act for which he can ^e no fessoa,as
placing a mine of powder m a phiee the king
usually passeth over, or plantiB^ a piecexs
cannon to shoot at a place the kmff usually
passeth by, if he cannot give a credible leaaOB
why be did it, and another swears the purpose
of the thing, it is two good witnesses withia 1^
act.
It hath been said, if a man be bound to
•his good behaviour, and wears a sword, it is a
breach of the good behaviour; and perii>P*i
heretotbrc, when awor^ were not wusHjr
worn but by soldiers, it might be so, beeanse it
struck ^ terror in other people as nuoh as a
blunderbuss, or the like unusual weapon; e^
the going armed in a coat of ma3, for ao? per-
son but a soldier, doth at this day. Vet no
man will say that, now swprds are ugually von
by all sorts of people, it is a ^<^""*jj?*
good behavionr ; and so that which hesetoW*
was a crime, by eostom now ii become none.
It w tiierefoie the unuauahwss and the unae-
ooQBtablenesa of the dBeuaastaaca mafca it .^
<IM53 STATE TSSAfiS^ 96 Cha^l^ ^II. \6%Z,^/4r Htgk 9huom f 1 W5
«fideiio^ wMdi canifCt be vaUigatA 19 ft nkmm
in the overt^et mctitkmed. -
This last thing I take Bctice of, ts^Ahat'col.
-tSdnc^ ^eflB«d to aft the l6rd Howard any
qaefltions ; from whence Ivtis Inferred, 'that lie
asBeoted to the truth of ihe nteft^ sworn : hiit
it is Veil kdown, HSs tio pwidence to ask a
tli0roug1i->{Mi6ed witness aonestfon; in Mr.
'Hdntpdeh's trial, hh oonnsel refused so to do
ibr that reasob.
The nekfc who fell a Meiifice, according fo
^Hedge's prophecy, was James Holloway ;
beWte onHtfwed, and tidceh Ibeyond 'sea; and
Wug hidoeed >i^ifh proTnises of liie, to accose
himsAf of thib^ (Whether ^uiltjr or not)
«ilbtigh to make good an indictmettt of h^
treason 8|funst hiin, it was mdedl ^jfenetonBly
ofi^red him that bis outlawry should be m
aside, ftnd he have the liberty to be Med, aind
defend liimself as ^ell as lie coold': 'but know-
ing that what he had said since he was takeh
would be brought in evidence agaiiist him, tot
relused his tnal ; and because he would not
purchase his pardon at the expenoe of innocent
men's blood, by accusinK biherfi of what he dM
not know they weregniTty (d his dying speech
is to be believed) he was executed.
- I should not have mentioned this, hot for
the sake of the next person's case, which was
sir 'fhomas Armstrong's, who wasoudawed for
high treason, when be was h^ond sea ; he wW
taken and broi^ht to the King's-bench^or. .
HistomoXl Pa^rtioulAhs, relative to the Prpteedings against
Persons accused of Participation in the Rr£-HouS£ Con-
spiracy^ and other treasonable Designs about this Period.*
[Now first .printed frdm the MS. " Brief Historicai ^dattew," ,
&c. of Narcissus Luttrdl, in the Library 6f All SoiiUXoUege,
Oxforf.]
*' 39th. C^me out a Proclamatidii by hia
Vn^eSty, with the adnCe of hfs priFy counoj^
for the apprehending of Sanies aiike of jtf 0)1-
mouth,Ford lord Grey, nrThdhiasAi^sfrdti^^
and Robert F^r^son, fpr conspiring the deau
of the icing and the duke or Yo^k, to iery
HMD, and make an insurrecfidn, promising «.
reward of 500/. for the taking of any of litoi.
** His majesty returned A'om Windsor aboiit
the SOth to Whitehall, where the oouneil '^
" May 3, 1683. ^le lord Grey was appro-
"bended by. a messenger, fbr that a considerable
qimnti^ of arms, to. the number of 80 firelocks,
were found in his house ; but since he is dis-
charged.
«« June'SShl.. One l^rr. Rohm West, alaW*
'9^, of; the Middle temple, and formerly of
Gnnr'tf^Inh, stlh^dered himselfto'sir George
Jefi&ys, Serjeant at law, imd wiEs'exnmined as
'to this hew rkit, ami frotfi thence carried to
•Hainpton Court and examined in council.
" MhhiiaitAe out a •'Prochimation by bis nia-
jesty,'Wiih the advice of his privy council, ibr
'the apprefaiehdittg ool. John liumscy, Richard
Kumbold, .malster, Richani Neltnb^p, -esq^.
Ijathan. Wade, g^nt. capt. Waloot, .Wm.
Thomj^n, James Burton, and Woi. Hone,
Joiner, fw conspiring the death of the king and
the duke of York, promising the reward of
7(501. to any btie who sImU Uike eaoh of the
«aid persons.
«* *24th. Late in the ereniuff , ool. Rumsey
was brought to Mr. Secretary Jenkins's office,
in order lo be examined.
'' 3dth. Also coL Siduey/brother to the pre-
sent eirl uf Leicester, mi^r Wildtmn, and
the lo#d Russell, son to Uie earl of Bedford,
weresAitto the Tower, upon a6cbuiit dffbb
New Plot,*and committed close prisoners.
** The same day, also, the office «f 'thej
militia for the -city of London went from hoqaei
to hodte to search for srins, anld it Is said ati
some places qnantitidB #e^e seized.
* From which it will -be seen that the num-
ber of State Prosecutions instituted at the time
of the Rye- House-Plot, and shortly aiUhWards,
was extremely ^r^t.
frequently, concerninj^ this Plot, ^d the duke-
of Yoi^k sits in council since ^bis too :
persons believed it to be a sham, though tnoatt
the oontraiy ; however ail perMns bhe itaiKled-
at it, the dtscoveries thereof beinff *ktpt vOiy
private, as also the persons *that liave * disco*
vered it ; -however his majesty is so sensible
thereof, that he hardly goes odt but with «
strong guard, tlie militia andtnuned'bkmidB^r
London, have been constantly out, two or thre^-
companies.
** Watch eri^ ni^t, and have done sinc^
the first discovery, and all his majesU^soffi*
oers (military) have strict orders to keep fo*
their respective commands, and the inhabitants^
of London and the Liberties thereof have had
orders to'be r^dy. With 'faoiisket, powder, buUel^
and match, at half an hour's' warning.
«« dOih« One haefa, dyehr,»w«i»takeB «D««e-
eount of thb Plot, and Robert Blanlly, ^.(%
gentleiiitti of the Temp1e^
«< Tte'saiBe d«y, ^dso, Charles UmftevtK
esq. Was taken by^a -ineiseqger vnArmU^mUL
that night hjr the cmmeU fbrhcring three
•muskets, a pair ef^pisMs, and dn ttmoor B«de
of silk, found in his honie, bat the lieBLt<^y ^lle
was bailed, by Mr. Justice Withens,by two»per-
'Mrffl^th 500/. to'appear thejirst day ofihe next
'teimit^the Kitosps'Bench'to^ ^
loor] STATE TitlALS, 35 Ch AKtES IL l683.— IHa/ ijf Jlgerv^ SidtMfs [IMS
'' Hone, the joiner, who was m the Proda-
inatioD, and taken some time since at Caio-
hridge,,wa8 this day also brought to town,
carried to Whitehall, and there examined, biit
the particulars of any of their confessions we
aire yet ignorant of. %
" July Ibt. The lord Anglesey's house, in
Drury lane, was searched for the duke of
Monmouth ; the same day, also, chancellor
Thompson's house, in Essex-street, was search-
^ for him.
(< 2nd. Was presented an address to his
majesty, from the lord mayor, aldermen, and
commons, of the city of London, in common
eeuncil assembled, congratutating his majesty
and the duke of York upon the discovery of
the late conspiracy, assuring him of their hves
and fortunes in defence of the government in
church and ^tate.
« 3rd. Mr. Thompson's house was searched
again for the duke of MonnK)uth.
" Snd. Srd. TPhe officers of every respective
parish went to tlie inhabitants houses itit London
and the subuihs, to take the names of every
lodger, in order to return the same to the jus •
tices of the peace.
« The French and Spanish ambassadors
have waited on his majesty, and assured him,
from th^r masters, that if any of the conspi-
rators in the late Plot, come mto their domi-
nions, that they shall be delivered.
** 4th. Several persons were taken on ac-
count of the Plot, as Aai*on Smith, a solicitor;
and in Essex* John Rouse ; one Bourne, a
brewer ; and Mr. Mead, a fanntic pai^son, who
were bnought to town and committed lo prison.
'* One Richard Holfoinl, esq. a lawyer, was
taken by a messenger, but atter discharged
on bail.
*« Ford lord Grey was taken also upon account
of the Plot, but he escaped from the messen-
ger, one Mr. Deering, by his carelessness, and
M since gone away and never heard of ; the
messenger for such his negled was com-
mitted to prison.
** 8th. The lord floward of Estrick was
taken on account of this Plot, at his hotise,
at Kensington, in a cunning hole behind a
hanging.
«« The same day, also, the lord Brandon, son
to the earl of Macclesfield, was taken on ac-
count of the Plot, and Mr, Hampden the
^ younger, and committed to the Tower.
« One cant. Walcot, a gentleman of 1,000Z.
serann.in Irehuid, is taken on accountx)fthe
Plot, and being carried !• the council, answered
very resolutely, that he scorned to take away
bis miyesty's life^ being a man unarmed, but
that he wlui to fight his majesty's Guards.
" The goods of Ford lord Grey have been
kttdiy seized, for his fine was set on him for
the riot at Chiildfaall, London. -
** 10th. The eari of Essex was committed
to the Tower on aoDOunt of this Plot i there is
also a discourse of Warrants being out for bii
brother sir Uenry Cap^, col. Birch, est
Likes, and sir John Boriase.
" Col. Rumsey, some time since taken, t»
is said, discovered very considerably, but b
thought to be a papist ; yet it is certain he vu
vejy familiar with the late eul of Shaftrtrory ;
Mr. West also makes considerable diiscoferia,
and is said to have his pardon ; and the lord
Howard ever since his being tid&en has done
nothing else but made discoveries, and is aid
to be the lord that lay behind the curtain iH
tliis while, in order to discover, which maka
some hesitate at his confession ; and it is said
that Ferguson is now at Whitehall, or knowa
there where he is, notwithstanding his being ia
the Proclamation : time must shew the tro& of
these things
" The king of France hath writ to bis ma-
jesty, congratulating him on the disoorery tf
the late conspiracy, assuring his majesty, that
if any of the c($nspirators come withm his ma-
jesty's dominions he will send them over.
*' The lord Lovelace is taken on acoount of
the Plot, but discharged after on bail. .
" The witnesses of this new Plot are Bfr.
Keeling, an oilman, Mr. West, col. Ramsey,
Bourne, the brewer, Mr. Shepherd, a wine
merchant, and the lord Howard of Escfick,
who, as it is said, will all have their pardons.
*' Addresses have been presented to his mt-
j'estyfrom thelieutenan^ of the city of Um-
don, from the society ofGray's-Inn, from the
justices of peace ^d grand jury, at the
sessions for tne county of Aliddlesez, from die
master, governors and assistants of tbe Scots
corporation, and ^Vestminster, Irom the justice
of peace and graxid jury at the sessions for the
city of Westminster ; from the conwralifln
of tbe city of Bath, from the town of Kingston
upon Thames, from the corporation of Graves-
eud and Milton, in Kent, and from the borough
ofl^hettbrd, in JSorfblk.
*< ISth. Began the sesmoos of Oyer and
Terminer at theOld Bailey, where, after some
proceedinsjs against ordinary ielpns and o*^*^
the grand jury found the9e [qu-. trtte] hilh
against the tbHowing pemons r
- . - - 4
William Hone, joiner - - - -
Richard Rumbold - - - - -
Richard Goodeuough - - - -
James Burton- ------
Friincis Goodeuough - - - -
^^ illiam Thompson - - - - -
Richard Neltbrop, esq. - - • -
Nathan! Wade -----.-
llobert Fei^uson - - - - -. •
Hdwai'd Norton, csq^ . - - -
James Hoik) way "•
James Lilly y of. Lincoln's- Inn - -
John Eoe, sword-bearer, of Bristol
Second Indictfnent*
John Rouse.
William Blague, a sea captain^
4
4
2
4
3
S
3
3
1009] STATE TRIALS, 35 Chabi*es tt. i6»3.--/m- Bigh Titamm.
[1010
Ramsey and Steward.
Third Indktm^M.*
l>ake of Monmoath-
Lord Grey
Lord Runell
Sir Tbo. AriDstrong
Robert Fergnson
Fourth Indictment.
Captain Walcott .*..... 4
** Indictments were found against all these
persons for high trrason, in conspiring the
death of the king and the doke of x ork^ sub-
version of the government, &c.
** X2thn In the Afternoon, captain Thomas
Walcotf an Irish gentleman, of about 1,000/.
ptt ann. in that country, came to his tnal at
the Oid Bailey for the said treaapn ; the wit-
nesses airainst him wpre four, col. Ramsey,
Mr. KeeuDg, Mr. Bourne, and Mr, West, who
all testified very tlilly as to the Ctmsptracy,
and of the prisoner being concerned therein ;
that lip had been at several consults for the
taking of the king, &c. Then a letter of the
priaoner's to one of the secretaries was produced,
desiring his majesty's paidon, and in requital
he would make a tulf discovery of tlie whole
design ; he made but little defence, yet seemed
■ot at all concerned, but confessed hp was at
aome consults, but never consented to the re-
solutions for taking off the king ; so that the
jury, after a httle time, .found nim guilty of
high treason.
'< The next morning, Hone came on his
trial, for the same Plot, and acknowledged him-
BClf guilty of the Conspiracy, but not of levy-
ing of arms; the witnesses against him were
Reeling and West, who swore fully to his be-
ing concerned therein, and, he making little
daence, the jury found him guilty also ot high
treason, without stirring from the bar.
" ^bont nine that morning, William lord
Russell, eldest son to the earl of Bedford, came
on his trial ; the jury were ordinary citizens
^ London, of which he challenged about 32
peremptorily, and others for not being free-
nolders; for which his lordship had Mr. Pol-,
lezfen, Mr. Holt, and Mr. Ward, as council
assigned him, but the court over-ruled the said
challenge ; the indictment waa for levying of
urar and rebellion, for conspiring the death of
tlie king, Sec, The witnesses against him were
colonel Rumsey, Mr. Shepherd, the wine-
merchant, aod the lord Howard of Escrick,
who testified that the prisoner vras at several
consults at Shepherd's house, and other places,
for the raising of men, for making aninsiurec-
tjou, and causing the nation to rise, Hcc, The
prisoner called some to prove what the lord
llowardsaid, in relation to the Plot, and others,
to testify his life and conversation. The trial
lasted till five, and though there. was no evi-
dence against him for conspiring the king's
death, yet tlie jur}', after an hour's being out,
)i»rough1 him in giiiUy generally.
^* At six that evenuig, John Rouse was
brought to his trial for the same Conspiracy ;
TOI" IX*
and the thing being fully sworn against him,
he was fbnnd ff oilty.
'* Captain Blague was tried also on the same
Ck>n8p.iracy, tor that his part was to seize the
Tower, but there being but one witness, tba
jury found him not guilt;^'.
** The next day, William lord Russell, capt
Walcot, Hone, the joiner, and John Rouse,
wete brought into court, and bad sentence of
death passed on them, as is usual in cases of
high treason.
'* Besides these, there were nine others tried
and Ibttnd guilty for felonious robberies and
other crimes.
** And the grand jmy) before the sessions
broke up, presented the lord mayor with au
Address to be dehvered to his majesty, ex*
pressing their joy for his mi^esty's deliverance
from the said conspiracy.
" The iSth, about nine in the morning, the
earl of Essex, prisoner in the Tower of London,
upon account of this new Plot, did most bar*
barously cut his own throat from one ear to
the other with a razor ; what occasioned it ia
doubtful ; some say the sense of his guilty
others the shame for beinff accused of such a
crime, when his father, ttie lord Capel, died
for his loyalty to the late kiny : however, th^
coroner's jury have sat on his body and fiiund
him/tilo de se, though some stick not to say it
is impossible he should murder himself in so
barbarous a manner; and his majesty hath
been pleased to ffire his goods, which were for*
feited by his kiUing himself, to his son.
'< Ford lord Grey, who is fled on account of
this Plot, was lately seen at Rotterdam, but
sinoe gone thence.
'* Tlierehave been great endeayonrs used
to his m%^ty for a paraon for the lord Rus-
sell, but without any nopes of succeeding, and
that as if 5Q,o6oL was offered for aparjoo, to
which his majesty, as is said, should reply, ^ He
would not purenase his own and his subjects
blood at so easy a rate.'
'* Ever since the first discovery of this Plot,
there have been discourses of a peer's coming*
in to discover the same, which now proves to
be the lord Howard. ' •
*' John Booth, esq. eldest son to the lord
Delamere, is clapt up in the Tower om ac-
count of this Plot, as also major Bremen.
((
dist. William lord Russell, being lately
condemned on acconqt of this new Conspiracy^
was brought in his own coach irom Newgatt>
with a most extraordinary guard of watchmen
and the trained bands on ea^ side c^the coacU
and behind ; acCkkmpanied with Dr. TiUotson^
dean of Canterbury, ai^ Dr. Burnet, in tho
coach ; he went vp.ry unconoemed to the placa
of execution, which was at the west end of
^at Lincoln's-inn-fieUs, wh«re a acaA>ld,
hnetl witli black, was erected ibr that purpose)
there wei'e many spectators, and numerous
guanis of the king's horse and foot; he said
but little, but delivered a paper to the sheriff',
(afterwards printed), ana prepared hiviiQlfi
riven up i
oUowiog :
iAei- pMyti^, for hU ^IfecSttticHi, to il^bieli' k^
Bubmitted himself very che^fully, but Keteb^
Ibe ekecUtioner, sevet^ his UkAA from his
body, at three Mrok«s, rery bytisrously.
** The same evening cAme out the PApet,
delivered to the sherifls, in btitit, x^hicb sold
most prodigiously, wherein he vindicate )un
hinocdnce.
10
" The next day. Dr. Tillotson, Dr. Burnet,
and his lordship's chaplain, were sent for bs*
fore the privv council, and examined about the
lord Ru^rs speech, whetlier they made it,
&c. to which they answered in the negative ;
however som^ persona exclaimed very much
against Dr. Burnet, thinking him the author
thereof.
<^ Tlie tiucuters of Walco't, tlone an<i Iftouse,
are buned, hut dieir heads are set on thes^
places following : Hone on Aldersgate, Wal-
col on Aldgate, and Rouse on (GruUdhall.
*^ August. Several persons accused to tie
,^ the late Conspira^ are fled and not vet
^ taken ; Richard and^ Frauds Goodenoogh, Rd.
T^dthorp, Nathan. Wade> Joseph Riley^
<< atepfafen Lobb and . Castem; bodi
N«ti-oonformi8t pf^acben; Hugh Westlaxsk,
M»ptilin Edward Nertoo» Jotei Rowe, John
AyKife, RoheH Fei^son, doke of Nonmoiitb,
ford lord Grey, sir Thoma» Ahiistroiig» lord
Melvine» sir John Cochrane^ these twoof Seot-
ked, and sur Hugk CampMl (Who is since
jaken) Rd. Rumbohl, the nalster, William,
Ikis br»tlier, Wm. Thompson, James Burton,
iftoseph £lhy, Samuel Gibbt, John Athferton,
and Francis CharUoui esq. who was since taken
«i Oxford.
" Mt. Castfeers and Mr. Lobb, two Now-
«miform»t ministers, accused for the kte Fa-
libtteal Plot, have been ii|>prehiMMled in Bssex,
and e)>mmiliied for thid same.
'' September. The VioMice tttid maK<;e of
iome persdiiftis such, that it hath carried them
io filr as to charge Dr. Burnet with thte com-
posing and imaking the last speech «*f the late
lord Russel,' but this report gains no crfedit with
thO DsodAhile s^ : however it is said Dr.
Bmvftt is gone ov«r into Frante, with Mr.
MountlgKife^rorhiS health, since which soriife
have reported he is turned Jesuit.
^ «th. B^ the 9ay appointed by his
fii^«0ty^ D«ifclaiMion <hr a thanksgiving for
his d^fivfranoa ftlkn the latfe Conspiracy , was
obtferved ^KX^ordiHgiy. In some places the
tfMefot^their sermons were vfofeht against the
IMsSelit^rSy'oomm^ting on several proceetlings
of those called t4keWbtg Fk^y, and ronning
down th« !tte HodSeof Commdns as bein^- tWe
kulliors or abetfiovs of this Plot ; but som^ on
tb« other hand inv«ighed both against this
Plot and tlie lale IPopish Plot, tdcing notice
tbat'there was no thaiHcsgiving day for oin- de-
lirerance from that, thou^li tliere Was for this ;
^^U^Ub^tmi dkmtcbtiB iMrtia town, was
given up a Ndlb to the rtider to this effect
fol' •
*< You hyoocrites forbear yonr pranks.
To murder ftaen and then give thanks ;
Forbear your tricks, bursue no further,
For God accepts no tnanks for murther."
At night w^re riaging of belb and ^fircs in
divers places.
*< Oct. 27th. Aaron Smithy sometime siaoi
convicted upon an Information for deliverii^
scandalous and libellous instruclions^ia writing,
to Stephen Golledge, to be used at his trial it
OxfOi«i> afid fhi* s|£akift|^ Bciandah>u»and sedi-
tioiis woHs hi ^e dMft, at Iho said trial, ao^
8^ fbfr the Saittiei behig lately t^ppreheoM
ahd cOfAmitM 10 (hift Tow^r, was brought tiiis
day to the court of King's-bcnch, to receivctW
judgBMnt of the couil. Which was to pay 500i:
fine, and stand in the bilkiry for IWe space uf «fi
hour, betwe«li ID and If, iti th«? raotuibw »n
Tuesday aJfrJtt, be'fort? Westmhetcr-hall^;
aad the tomfe tim^, the Tuesday aR^, befint
die Royal £iteltaiigev tti London, that be M
eUi«tiM for Hib goo« behaviour for a year, aad
be imprisbned tiu this he donb ; which as soon
as the court bad prOMunced, Aaiwi ttpH«!, » I
< thatalt Obd ihr this Judgm^at ; his wilTbedofiev
• but I wi^dder you did not order me'oh ftft jpl*
* lory till doomsday ;' so he was comikuttl^d pi-
soner to the Kiog^s-bencli prison.
«' Nov. The first week of this term, mw\
persons, committed upon the accomt sf ibis
plot, made their prayers to the oonrt of King's^
bench, tot be either tried or bailed accordiag ta
the Habeas Corpus Act, which prayer was aO-
conHng^y recorded ; Major Bremen and some
others, committed on account ot (jie plot, ait
dischaiged ; Lock, the muster of the sup wlif
carried over the loird Grey, is bailed, and ao is
young tiraddon, who busied himself in ibe
murder of the late earl of Essex.
" His Majesty batli been pleased to ^ttt^
tlie atuinder of the lord Russell, and itBtorelha
Uood to his issue.
** 6th. Mr. Speak was bro«tght to the (wiHt
of King'»-bench, and charged trift two Aifer-
matious; the flt%t, for sa^^in^ the fcili|r1l^>^
^eat a Papi^ as the duke or York ; tit^ tte
^ke durst not do What he did, but that the
king (lid animate him ; that what Pilkn^ftoh
had formerly said oflhe duke of Yoik was tru*,
with much Other sucb teandalous stuff; the
second Was fot saying that the *art of Essex wd
killed- and murdered by those that attended on
him in the Tower; tobo^h these be {dead^
not guilty; and fts to the fh%t s«aid it bad de^
pended above this half year and he was formerly
discharged thereof; and for ti^ latter he wished
they would bi-ing Mm to a speedy trial for it;
fee was remanded for want of bail.
" The same day, also, Samne) Jfo!«*otti mt-
nister, pleaded not guilty ^o an indictment
affliinst him foV writinga scandrfbii* libel, called
*J«fiiUL.' «^<did John Dnihy plead not fuilrr
1013] St\TBT9^%Kl£,$5CuAWt%Bll.\6AB.!r^HighTrtM$an. (1914
ifk «D ladiclmeal for ^twOamg llie late lord
Russell's speech.
«<7tb. Mr. Speak was hwM ; but in going
home was arrested in an action pf Scan^alum
Blngnatum for IQO.OOOl. at th6 suit of ithe
dulse of York, and carried to prison for want of
bail.
" The sami^ day, s^lso, the fipraqd jury for
the county of Middlesex foi^nria bill against
Algernon Sidney, esq. for high treason," and
presented i( to the court of King's- bench.
At^d he was brought by Habeas Corpus pre-
sently after from the Tower to t^e King's-bencb
bar, where be was arraigned upon the said iq-
dictment.
** 1 Ith . John Culliford, who pruted the 2d
part of the Growth of Popeiy, ' was charged
with an action of Scandalum Afagnatum at the
dpke of Yprk's suit*
** Aq order of council has been published in
the Gazette, prohibiting any person to print
the Journals of the House of Commons since
his Majesty's restoitition.
" W' John Armi^er, Mr. John Freind, and
Charles Dateman. chirurgeon, being committed
en account of this new plot, were bailed the
ISth at the'court of King's -bench.
'M4tb. Mr. Henry Deisrhapa, who kt the iQrd
Grey escape out of his custody, was t^vougfai by
Habeas Corpus from the Tower, and |4eadfid
not guilty to an indictment against him for the
saiamisaemeanor.
** 18th. John Gibbons, tf>« duke of Mon-
inottth's man, who was committed 09 account
of this new plot, was bailed at the court of
King's- bench*
^< 90th. Mr. Johnson was tried a) GuildhaU,
in the afternoon, upon ^n inforihation for writing
Julian the Apostate, of which he was found
Guiltv.
** John Darby was likewise found guilty of
printing a seditious Ubfsl called. The I^ord Hus-
selPs 2!^>eech.
'* It IS remarkable in the proceeding against
DMhy, drat that he put his name to it, and did
it not in private : then that there nilrer was any
pmaeution of any person who printed the
speeches of the F^isb traitors, tbo ihr more
acaiidaliius thaji tins, and then lastly the same
thing that Da^y printed was pii^tiid idler by
4ir4er of the sbertiTs ol'liondoD.
** 2XsL Algernon .Sidney, esq. fame upon
bis trial at the King's-bench har upon an in-
dictment of high treason, in eonspiriBg the
death irf'the king, endeavouring to Ioty war,
and cause an insurrection in these kingdiHDS ;
the jury were a jury of Middlesex, who being
called, ne took exceptions to seTersJ, some that
ibgiy wese thi^ kh^'s servants, othem thtX they
4vere concerned m the personating the lord
Russell's Ghost, and thegrea^rpvt for that
they were no freeholders in the county of Mid*
cDesez ; the two first the Court said were no
l^fal challenges; the latter, which was the
aaost ponsidcvahle, they over-ruled loo, and
aaid it \Md been jsesdved 89 in the late lord
Russell's case ; to which the prisoner jaid, If
aay peraoa mlgltf he an the msy^ ha might ba
tried by his own groom, andttiBt it was very hard
being m a county at hurge, whera there could
be supposed no want of fre^oMefs ^this wor*
thy to ae thought on) so none of his coalleDges
bemg allowed he was forced to challenge
them peremptorily, which he did to the nurotor
of 34 ; but a full jury at last was sworn, and
a very ordinary one too ; the witnesses were
Mr. West, col. Bumsey, and Keeling, who
testified as to the general Plot only, that diere
i^s an insumction intended, Sec Then came
the lord Howard, who swore partieehirly as to
the prisoner, thai they had several me^tulga,
one at Mr. Hampden's, an<ither at the lotd
Russell's', &c. where the council of six met,
and ooQsulted of rairing an insurrection, and of
the way they shoold e&ot the same, that they
ordered to send to Scotland to see what tlie
disafieoted would do there ; and that the pri-
soner undertook this post, and sent, as he said*
one Aaran Smith inta Scotland, to whom be
gave fiO guineas, to invite several Scotchmen
over hitii^ to treat about the same, as the loi«l
Melvin, sir John Cockram, sir John and dr
Hugh Campbell, and they were la come imder
mtteaee of purchasing lands in CaroliDa.
Then sir Andrew Foster, and Mr. AtterborV,
the messenger, testified, that sir John Code-
ram, the tivo £>Bmpbells and Aleisaader Monroe
came accordingly, and that at the first breMung
out of tlie Plot they absconded. Then the
next evidence against hinrwas leosesheets ef
paper, written as was pretended with his own
hand ; sir Philip Lloyd lestifiedv he seized
thoae papers in the prisoner's study : then ihrea
pemons were caUad, Sbeanherd, Cook and
Cary, who testified they hau paid.several hills
of eoLchange of Mr. Sianey's, and were never
sin^e c|uestioned for them, and did believe ihit
papers to be his hand-writing ; then the libel
Itself was read, containing very anti-monar'*
pineal principles, putting we spipveme power
in the people, and making kingji accountable
to them, and that they might he^leposed : then
the last piece of evidence was a eopy pf the
attaindei* of the late lord Eussell : then the pri-
soner came upon his dei^ence, and desiring to
know upon what alattfte he was indicted, W|ts
told apon.25 Ed. 3, c. 1, for oonspiring the
death of the king: then he beg^n to observe
upon the evitlence, that the three first swore
nothing against him ; the first that did was
the lord Howard, and that ii' what he said was
true, yet he was but a single witness, but the
law leqiiires two. Then the other evidenee
against him was his hook ; upon this he ob-
served several things ; '&r8t it did appear to be
intended as an answer to sir Robert Filmer's
]Patriarcba^ tb^t it was imperfect, not being
completed ; that all of it was not produced,
and only sentences picked out here and lh^
agaipiit bim ; ih^t it was not pjroved to be writ
by him, but only believed to be his band- writicig
upon the similitude of hands ; that it was
never published, or proved to he shewn to any
anepcraoB; and ^uppoeiipg it.wcee writ hjr
1015] STA*FB trials, 35 Char^bs It. ld9S.^Trhl o/JttgerMn S^t^, [10)6
bim, whiciL he would not grimt, it was a yery
hard coQstnicttoa to moke that an overt- act of
coospiring the death of the kingc Mrithtn that
law, and this new. Plot, when he said the book
wa9 writ many yeara ajg^o, and they (meaning
the judges) had no power to make construciive
treiisons, when by 25 £d. 3, it b particularly
reserved to the {MLrUaoient ; then he said if he
had been g'uilty of conspiring to raise an insur-
rection or levy tvar, it is no high treason within
that law, unless an actual war levied ; but then
there wos so little proof or probability of that,
that the lord Uowaitl does not give an account
of any men raised or listed, no officers, no
time, nor place appointed: then be called
•everal witnesses, as the earl of Anglesey, earl
of Clare, Mr. Phillips Howard, Dr. Burnett,
lord Pagett, Mr. £dw. Howard, and some
others of his own servants, wdo all testified
that the lord Howard had said, he did believe
there was no Plot ; that this was a sham de-
aigned acainst the Protestants ; that he did
believe Mr. Sidney to be innocent, and not the {
least concerned in such a design; and that he
himself knew nothing of it. There, was also
one Mr. Blake, who testified that lord Howard
. ahouki say he could not have his pardon until
the idrudgery of swearing was over ; which
done, he desir<Hl he might hav^ council, to
-eilgue several points in law, as that of the chal-
lenge to the jury fc^ want-'of freehold ; then
whether a donspiracy to levy war was high
treason within 25 £. 3, without an actual war
levied ;^ then whether this Ubel )vas a good wit-
ness of an overt-act of compassing tho death
of the king ; then whether they could construe
treasons within that law, and whether he ou^ht
not to have a copy of his indictment accordmg
to 46 £. 3. But as to his points in law the
court said tliere was nothmg in them, but over •
ruled them all, denying him counsel, tiiough
he earnestly demanded it ; as also the readiog
4^ £. 3, thou^ be much pressed it ; and for
the evidence, the lord cbiei justice summed it
up, taking a great deal of pains in making
the prisoner's objections, and answering them
when he had done, and so left it^ Iain to the
jury ; who went from the bar, and vA\ev a
quarter Of an hour being out, they brought the
prisoner ^in guilty ; which done, he desired to
liave them particularly asked one after ano-
ther, if they found him guilty ; but the Court
said it must not be done, so he was remanded
under a very strong guard to the Tower.
'* The ti*ial be^n about 10 in the morning
and lasted till six in the evening, during which
time he smiled several times, and was not in
the least concerned even after his conviction^
** 2fst. Was a trial at bar in the Common
pleas, upon an action de l^^candalisMagnatura,
brought by the duke of Beaufort against sir
Trevor Williams, of Monmoutlisbire, for false
and Scandalous words, liie jury found for his
grace, a^d g.ive 10,000/. d images,
^< 24th. The duke of i\lonmouth surren-
dered himself to secretary ^J^ukuUf Ai|d the
next day was before the council ; bb dmiag
in has surprised most people: some think he
has not been out of Wbit^all all this while.
«• 26th. Algernon Sidney, esq. was broi^
from tlic Tower to the KingVbench Sir,
where, after his exceptions to several things
that past at his trial, and some reflectkns oo
tho curt for their hard usage of him, and de-
siring to be heanl as to some points of law in
his case, at last sentence of death was passed
on him, as is usual in cases of high treason.
" The same day, also, Henry Ueerham, the
messenger, that let the lord Grey escape, wu
brous^htfrom the Tower to the Court'of KingV
ben<£, and desired to retract his former pies
of not guilty, and pleaded guilty to the indict-
ment against him, for that misdemeanor, voA
was baued out.
«* The same day one John Gutch, tjf the
cily of Wells, convicted last assizes of speak-
ing seditious words, as that the king w^ ac-
countable to the people, &c. was seatenoed to
pay 200/. fine,*and be imprisoued till payroent;
to stand ui the pillory on a Saturday, at WeBs,
for an hour, between 12 and three, and he
bound to his good behaviour.
" 2rth. The grand jury of Middlesex Ibtmd
a bill of indictment against Mr. Hambdei,
junior, for gppeat and high nnsdemeaaors.
** Dec. 5th, was an attempt made on tfee
king in St. Japaes Park, by one Johnson, a
crackt-fellow. The duke of Monmouth ance
his coming in, hath been mightily caressed at
court, to that degree that some persons have
thence imagined there was no Plot ; howerer
he has procured his own |>ardoin since bis coin-
ing in ; and got a sum of C,000/. given him
by his majesty ; however his majesty is lately
distasted with him (and sopae say it & because
he would not sign a narrative or declarati«
of the Plot) : tnne must shew the truth bcrert,
but he is forbid to come any more to Wbitehan.
" 7th. Algernon Sidney, esq.- »as brooAt
from the Tower to the place appointed wrW
execution, on Tower Hill ; where a aofflwW
was erected for tliat purpose, upon whieb be
came about 10 in the morning, and .<^°^^?^
for near a quarter of an hour, during v-hiw
time he made a short prayer, and then laid »»
neok upon the block, and the execudoner be-
headed htm at one blow. , .
«< It is remarkable that he had no nunifiwr
with him, nor any of his relations, n« ^ "J
seem in the 4east concerned, and made no
8pee<^ on tlie acatfokl, but gate apapcrtotfle
*' The paper which col. Sidney deUyered to
the sheriff at the place of his ejCecationis «
bat priiUied by onler of the two «J«^/ "
was said at first to he ordered to be burnt^
the hand of the oommou hangman ; ">?V7^
divers reflections on the witnesses a^wst woh
and the way and metliod of l^roeeeAuigBg^^
him at his trial, not s^j the judges wewt
selves.!
L
lOU] STATE nilALS, Z5 Charus IL LfiSS^ir High Tretuan. [1018
«< The Iwrd Petre coomutifid to the Tourer
•bottfc five yean moe on aoooiiiit of the Popisi^
not, where he hath e? or siooe remamed, ia
^latdf dead there.
«' 1683-4. Januarjr 7th. The dnke of Mod-
mouth nnce his benign forbid the coart, has
lodeed at a pritate ht>use in Holbom, and been
«t his house at Moor Park ; but since it is said
lie is gone into Holland, thinkings it not safe to
continue here any longer.
«< The 28th, in the afternoon, at the Nisi
Prius, for the countv of Middlesex, Geoi^
Cawdron, steward to the earl of Clare, came to
|>e tried upon an information for misdemeanor ;
hat two witnesses appearing at the trial to proTe
the words he was mdicted for, the court dis-
chare^ed the jury, and committed Cawdron to
the King's-bench prison, and ordere4 an iu-
dictment against him ibr high-treason.
*' Feb. 1st. John I)arbj beinff oosYicted
upon an information for printing the late lord
KnsseIVs speech, came to the colnrt of King's-
liench bar to receive his Judgment, which was
40 pay a fine of 20 marksy ami find sureties for
bis good behaviour ibr a twelvemonth.
*' The same day also sir Samuel Barnardiston
ipleaded, by attorney, not guilty, to an inforqia-
lion exhibited against him fi>r a ^nisdemeanor.
" 6th. John Hambden, esq. jun. was tried at
Ihe court of King's- bench, on an indictment
for a great misdemeanor, in consulting and con-
.spiring with others of an insurrection, and to
^procure arms and armed men, and to send one
into Scotland to invite divers persons to come
into the kingdom for that purpose, &c. being a
branch of tiie late Fanatic Plot : the jury was
a good jury of Middlesex : there were several
counsel on both sides : the evidence against the
defendant, was the duke of Monmouth, J>ut
he did not appear, though subpoenaed ; then
-the lord Howard, who gave much the same
evidence 4igainst him, as he did at Mr.
Sidney's trial; then there was one Mr.
Sherin, who testified that *Aaron Smith
lay at bis house, an inn in Newcastle, in
his way to and alter he came from Scotland ;
then thiere was one Bell, who went as a guide to
Amron Smith towards Scotland ; then sir An-
drew Foster and Mr. Atterbury, testified the
coining over of those Scotchmen, according to
the lord Howard's testimony, and their ab-
floonding at the first breakiiuf out of the Plot :
the defendant's proof, was, nnl he called the
lord Clare, Mr. Philip Howard, lord Pasfet,
I>r. Burnet, and some others, who testified in
general, what the lord Howard had said when
this Plot first brake out, before he was taken ;
that he believed there was no Plot, but that it
was a sham ; that he knew of none, ^c. then
Mr. Blake testified his lordship had said he
could not have his pardon until the drudgery of
swearing was over, but this was taken off, by
Lis lordship's now having bis pardon ; then Mr.
Velham, sir Henry Hobart, and some others,
W^r^ called, who testified as to the deieudant's
life and conversation, that he was a verTstu**
dious pecBon« mudi addicted to his booh, and
not deairoas of company ; then he called twn
or three who testified about his bdtig in Franc*
from November 1680, till .iabout September
1682, when he retamed ; as also some who
testified as to his resolutions of going thither
again the following spring : wh^ done, th«
lord chief justice summed up the cfvidenoe,«iid
the jury retired firom the bar for a Kttle while,
and brought the defendant in Guilty.
"7th. Mr. Lawrence Braddon and MV*
Hugh Speke, were tried at the court of King's
Bench, by a jury of Middlesex, upon an infor*
mation, reciting the commitment of the late .
earl of Essex to the Tower for treason, in con*
spiring the death of the king, <&c. and that the
ISth of July last ho cut his own throat, and was
found fdo deaehy Coroner's In<|i]i8ition ; the
said Braddon and Speke did conspireby writing
and otherwise to spr»d a false and scandakwii
repoit, that the nid earl was murdered by
some persons about him, and endeavoured to
suborn witnesses to testify the same ; the evi-
dence of the kinf was first the Warder for the
Tower, who testified as to his lordship's com-
mitment ; then the coroner, and the inauisiSioii
taken before him, whereby his loidsnip was
found f eh de «e, was read : then the particular
evidence of Mr. Braddon, was by several per*
sons, how busy and solicitous he was to taka
persons informations, and to examine a little
child about ten years old, about a discourse thait
, run through the town, thai a \Aoody raaor was
thrown out of huilerdship^s window, and that
the cry of murder was hrard ; and that a ser*
vant maid came presently out of that house of
the lord Esses and took up the razor and carried
it in, and that then it was said the lord Eawx
had killed himself; ^enthe several infimoa-
tions Braddon had taken in writing, Mating to
this matter, were read, and so^oe cv the inform-
ants themselves examined, whose testimony
much differed from their informations; then
several testified the confident and strange din-
courses this Braddon tre(|uently used con-
cerning this matter : the evidence against Mr.
Speke was only a letter written by him to sir
Robert Atkins the cider, and carried by Mr^
Braddon, but was seized about him when he
was ^ing thither, which contained several ex-
pressions in conlmendation of Mr. Braddon and
his zeal, with reflections on this matter ; then
the evidence was given of his lordship's cuttinr
his own throat with a razor, wl4ch was proved
by his own servant, a Frenchman, by the
warder, by the centinel, and by captain Haw-
ley ; the defendant's proof was, first, Braddon
pretended he did nothing, but out of bis zeal to
have the truth come out : then he called some
witnesses to prove, that there was a discoursei
of the lord Essex being killed, and a razor
thrown out, betbre he ooncemecl himself in it.
Speke had little to say against the letter, but
owned it to be his hand. So that the jury afier >
a little while agreed of their verdict, and foimd
1019] ^f^TETtaAh^3SCHAUL^n.l6t5^TiwlefAlgnmtiSi^ [1020
tfie dftedant BraiUoft Ouiky of ail that wm «« The tame diy, also, Mr. RanU«B, hlriy
«fNiViGted of a gvMt nisdemeuMr, o^me to n.
ecive tko jadjrairat of tkoCowt, wlyohwM
that he should pay 40,000/. iiir a ftiia to tht
kiny, aod ftnd siwetieB for bis iroo^ U^^ioor
during life, and bo committ^ tin this is done.
** mr.Deerham, alao, the messepger, wbp
let the lord Grey escape, was senteno^ to yvf
XOQi, 0Qe« aod to be coomuUed till be do it.
<< Mr. Wynn and Mr. Forth p|ead«itN<il
Guilty to an iDformation a^nst them, for lay-
wgf coK Sidney 'a junr wore a loggrer-beaded
jmjf Mid g«ve a verdfot contiory M erideaoe.
*^ t¥k, Lanl^ly Curtia was tried for plioliar
and pttbUahkiflf a soandalpua pamphlet oaiM
«* The Ni^ht. Walker ^Bioooaskiury 3**of wfaidl
be was found gaihy.
«< April, 16U. Mr. WilKam Wri^t, ]m
alderman of Oxford, appeared the 16th at the
King^ Benob and plooded Not Guilhr to an ia-
Ibnnatiob for piiiiciQg aevwal aeaadaiww apd
oedituMis libeln.
^ Robert Laek, tba same day, ptoaM Ket
GuiHy to ad infonnatioa Ibr dandestioely tuBfr
porting^ of traitors, tie. Theloni 6i«y.
'« Tbo«ari of MacolesMd halh hniajfiii bb
aotioa of fioaodakw Miigvatum fffaurt W
Xbonaa OroavoDor aad 4be Mstof Oe gtvA
Jury for tbe coonty of Cheater, who preiepted
mm, with ^vend other goDtleoieo, a8 jHaww
disaflfected to the governqaent.
«< 19th. SirSamud BamardisCon beiigr eoa-
▼ictedof writi^fottr scandalous Iet(er8,caaie
to the court of King's Bench to reoeif e his «•
ieoce, wbicb was to pay the Ane of 10,000/. 0
be bound to bia sooi behaviour for life, aad fas
committed till alFthii is done.
^ Slat James Holhnra J was brongbt ftNB
Newgate, by Habeas Corpus to tbe Kinp
BoDchbar, and beiw uM what be oouldii^
whj OKeoatioB ohottTd not be awarded sgainA
btm, be hebag attaioted bjrOQt]awry,.iipo« •>
tndietmsnt of higb treaam Ibr this Faoatie FM,
bedealrad to ha^ve the iBdiotincnt rsad, aodtbcn
Mr. Attorney Gottcnd told bim his majcs^ vtf
pleasad to wave the Outlawry, and to tet siia
oome^ a 4rial, if bo 4M»uM ooiske any defeatt:
batbeaaid bo had eoofeased tbe f*f^^^
to bis mgosty, aod bad no more to nji M
threw buoaefr at bis im^esty's mercy ;^»»^
court jaude a rule for bis esocn^n oa WM*''
in tbe indarmatMHi, «ad the doiendaat Spoke
^ CkiHty of all, eioept tbe oonspifiBg to aobom
witneoaea. It was atran^ any aaan abould
coDoara bimaaliBi an aflbur of this moroonl, oa
the infiNvaalioa of a hoy of tO years old, who
had donied all after be bad oonfcMed it, and
Ma^biatrialy aodflaako aBtbisrautahatww
•bout it
'< 11th. Mr. JobnsoBy who was convioled
the last term for writing and publishing a sedi-
ttOMS book entitled ** JuUan 1 oe Apostate," was
this day sentenced by the court of Ki^'s*
bench, to pay 500 marks for a fine, to find
sureties for his good behaviour for a year, to be
comniitted to the Kiag*s-beDcb prison till this
is done, and the book to be burnt by the bauds
of the common hangman. .
« 19tb. Tbe lord of Daaby came, by Habeas
|>rpua,iirom tbe Tower to tbe oaoit of Sjog^s
Beaeb, wbieb being read aad tbe tetara filed,
Iris lordsbip pravad (be opiaioa of tbe oojurt,
and desired that he miffbl be baikd : the judges
aeirerally delivered their opinions wilb the rea-
•ens, and aoacbided all tbal Us lardabip ought
to bo baiM, wbicb aaooi^iagly was taken ; bis
lordsbip was bonnd iaaroeogniBanoa cf 10,000i.
aad tba dukes of Somerset and Alberaiarl, and
fbeearis of Oxford and Cbesterfiekl, his eore-
ties in SOOO/. eaeb, upon condition tint tbeeoH
af Daaby do appear in tbe House of Lords the
neat aeesioDs of Parbameat, aad not depart
withoal leave of thatcottrt. '
** Tfae«ari<if Powis, laid Arandell of War-
door, and «lie lord BeNasis, wei« likewise
braagbtfiramlbe Tower, and tba earl of T^*
foae Aam tbe Oatehoaee to tbe aonrt of King's
Bencb hf sei^rai writs of Habeas Omkhis,
wbieb bme read aad die returns filed, ibey
prayed by dieir eoaaeel to be bailed, and tbe
fadgesdid deeia»e, Ibr tbe sane veassns tbey
oad gvrea ia dM eariaf Danby^ ioaee, tbeae
lords oogbt Mkewiae to be bailed^ and tbe lord
«bief instioe was pleased to mr tbat inpeaeh-
ad or hot tmpeaebed, he thoaght it ^ one, and
ibat it wasnotalbvoiirto bail them, but diat
in jnstice aad oonscience tbey oagbt to be
bailed long sinee; and aocordir^y each
af them entered nito 10,0001. raoognizanoea
a pieoe ; for theeari of Powis, thednkesof Nor-
Mk and Beaufort and tbe earis ef Pembroke
and Peterborough ; §&c the lord Arundel, the
«8rls of Domet, 8carsdale, Bath, and Claren-
don ; ^ the lord Bellasis, the earie of Ayies^Hiry
and Westmoreland, lord visoount Faulconberg,
and sir John Talbott; aod for tbe«arl of Tyrone,
ibe «arls of BoscomoMn, Mooat Alexaader
and Carlin^ord, and tbe lord Annesiey,; all
upen the like conditions, aa in the case of tbe
lord Danby.
*' Tbe same day, also, the lord BrandoB, Mr.
Booth, mafor Wikimaii, Mr. Cliaitton, Mr.
Trenchard and several odiers, commftted upon
tbeacooant of tbe Fanatic Plot, and bailed out
tbe last term, wore discbargefl, there being no-
' ttung agaimrt 4beta.
day, seveunigbt* ^j^
" The same day also Mr. Ls^««* *rl
don and Mr. Hugh Spolce, oeavietsd^tt^
tern upon an endeavour t# lay tbe murdflra
the late earl of Essex wpon tbe p^^'^'T^
were brought to tbe court of KiagV} B««WiJ|[
receive their judgment, wbieb was tbrt WJ^
don should pay a tine of J«000t *» .^
1000?. to 4\w king, that tbey find •"*'*|i J
-^heir good beliaviour during their 1***^^^
committed to tbe King's Beaob pdN* ^' ^
doit.
"The -same day also LanglyC^r^i
vfa»
i»tti bottricced Ihe last tmn for Btitttfair' a sM*n«
dftkMM libel oiillM Am Night Walters ofBlooai*
IM117, wan fined 500/. to be bevnd to his good
iMharkittr Am* tt^ to ttalid m the pillory on
Setardaj next in Bleomsbory maiket, and ha?e
a fnpv 0it a^ himtipiifyaBf hk
the libek t» be bonit «Mer htm.
<< dOlb, Janes Hollowly was eaeeolaA, beii^
dmwn upM a sletes to TyVam, attdthece hiiDf»
ed and Quartered.
■I ■ I
l« » I H ■ I
,...^. .^t. .. ..>.>^^^^_>^^_^_.^
I fc t«H**fc^— ^^AO.
\
301. Trial of LowRfE or Wkir, of Blackwood^ for Treason:
35 CiiAULEs II. A.D. 1683. [Now first printed from the
MS, Records of the Court of Justiciary of Scotland.]*
pariiainent of king James the second, and hun-
mth fbnftie iburt aii*t of the tweh parUameiil
oficio^ James thesixt, it is statute and o^^
daineo, that no man openly nirtouriie rebell
against the king's person or authoritie or
make warr against the king's fiedg«S: And
that wher any declared traitors, or tebetls re-
pairs in any part of tile realme, none of our
liedges shall pfresume to recept, sapplie, or in-
tercomon with diem^ 6r give them meett, drink,
house, harbour, or an^ raieff or comlbrt, under
the same pahie, fbr wbilk they arefbrfaulted or
nut to the home, and that immedlatfie upon
kftorwledge of their repairing in the boundst,
all hb mnjestie's obedient subjects do their
elCact dtttepence st the outmost of their power,
in searchmg, seeking, talang and apprehending
of ihe sud declarra traitors, and presenting
them to Justice ; or in following of mem wfam
CvttU JusncuftiJi 8. D. N. RegM> ^^^ ^
Prtetdffio Buffgl de Bdioburgb, ultimo die
Blensi% January 166d, per ISobilem et
pelentetn Comitem Jacobiim Coonitera de.
PmHi, Jostidariaas Oeneralem, et honor-
abiles Yiros^ fiiehanlum I>ominum de
Maitland Cleiieum, I>omiBoa Jaoobum
Fodlia de Collingtoun, Davidesa Balfour
de Ferret, Rogerum Hog de Hareauss, et
AkKttodrum Setea de Pitmeddeo Conmis-
silMiarioi Jusiieiaritt dietiS* D. N. Regis \
liitffAn
IV1LLUM LowuB i)f hlackvood:
In1>Y1%1> and fttcosed, Th^t wher nMtrilh'
Manding he the 3rd act or the first parlisHlient
ofking Jtttnes the 1st, and 3tth actofhis Second
parUameht, and be the nynth act nf thtb twell
■•i > 111 m n. ■! III! i ill I XiHi I II
* ^bt Mowing entries in FounfsAnhidl
IMicemthbcase:
** Naretnber ««, 1«8«. At Privy Obtradl,
UtrOHnita LowrteeMerofBhickwOod, latecham^
Wifain to the marquis bf Doaglas, and repute
« bad tnstniment between him and his lady in
their difi^rentes, is imprisoned ftr hnrbonring
Mid resetting fugitive ministers, and convefs->
iDff with Mels who had been at Bothwel-
%ndge, and other intercomttfined petwns, ahd
ftr rectivinff mail and doty from them. He
Was referr^ to the crimiDai CcKm, to be pur*
«oed thtire bv his mt\jesty*8 advocate, for these
treasonable deeds.'*
*« January 31, 1683. At Criminal Court,
William Laury of Biackwood, mentibncMl Sdd
November 1089, is brought'*npon the pannel ;
the ditty found relevant ; and his defences re-
peljed. This ditty ran on his conversing with
nnd reselting rebels that had been at Bolhwei-
liridge, and was founded on act 15 Parliament
144? ; act 97, 1540, and act 144, 159S. The
defences proponed by sir George Lockiiarl, te.
ftr him were ; that the libel was irvalevaiit and
inept, being < generalis Vagus et inoertns,' not
condescending on the particular times aod
places of the converse, sSnl with whom ; and
cited 1. 3. D. de accnsat.
«< Sdo, The ibf«said acts of pari, meant only
"Wittingly mnd wilfully cctoversing wMi and
conceding them whom they know to be rebels
and traitors^ and who were intercomtnnned,
(that being the only badge by which men were
prohihitea and put in mala Jide to converse
>*A«_^k4«..«i-^B
m mnmmm^m>ammJta^^it^jm,mm », li
rfb4IUk.*i
with them,) and that the popes by their ballb
and escommmiicatioas had jpnt whole 1(ing«
doms nndcflt interdicas ^ bot there were neve^
such general prohibitions as thir allowed by
any lawyer, or any ever pursued ia Scotland on
thisheaa: which would reach aH the western
shires and many elsewhere, ddly, By the 9M1
chapter statute David S. The resetters <]f ma •
lefactors cannot be pursued tilt first the prin-
cipals be convicted. For pat the case, Black-
wood shonld be now found guilty of res^ng
sudi a rebel, awl afterward that person should
be tried and fbund innocent ; ^ «td jura then Y
the sentence against Blackwood would cer-
tainly.be unjust. Notwithstanding crf'all which
the criminal lords did find the <fitty relevant to
infer treason ; though the 9rth act 1540 dted
infliets only confiscation of inoveaMes and
death, (but the two odier acts are more ge-
neral,) and repelled his defences: and found
it relevant to his majesty's advocate to prove
he had conversed with rebds either inlercom-
munod or denounced, or notonr, or babite and
repute so. — Though it was offered to be proFcn
that these called rebeb bad conversed openly
and avowedly in idl places for two years befone,
without molestation from the king's forces, and
were repute fVee li^gvs and puq^ed. In this
cause ^e king's advocate hrou^t in several
witnesses prisoners by a squadc of the kmg^
guard, whtch had not usually been practised
before. Though this interiocutor is «f mosrt
dangerous consequence, yet tt could not havt
happened to any that was less regretted uT
1023] STATE TRIALS, 55 CttARUt$ 11. l68d<— 7K«{ e
tiiey be tikflB and czpeUed, and ptot off tbe
•hyre« and immediatlie to make iatimation to
the magistrates and persops of power and an-
Iholilie, in ^e next sbyre, who shall be holden
worse belored than Blackwood : howerer the
statesmen have oTer-mled the Judges to this
decision ; and it is on a veiy pohticS desicni ais
I suppose ; thiuking this will prove one of the
most effectual ways to banish all these rebels
out of Scodand : for men being thus frighted
to converse with them^ they will find ndther
harboury nor reset, which will quell and dash
all future risings in arms, so that it may be of
great advantage for the ftiture peace and tran-
quilUtv of our country.
<* filackwood appeared in the Criminal
Court again on the 5th of February, when
they insisted on the grounds of his exculpation,
viz. that he wt|s not heritor but only tutor to
)^ grandchfld, and did not reside ordinarily
in the west but at Edinburgh, where it could
not be pretended that thir persons for whom he
was accused were nottourly known to be
rd>els ; that one of them had a pass from the
kinff*s advocate whom he had dismissed for
lack of probation, and that he had pursued re-
moving afininst another of these rd)e]s before
the shenn, and) had ejected him out of his
ground : which is all that the 4tb act 1681
requires. Yet these were all repelled : and
the justices found he should have presented
him to justice as a rebel ; and that tne eject-
ing him out of bis land was not sufficient.
<< Then he was upon the 6th day of l^ebru-
.ary again brought to the pannel, and he came
in will, and submitted to the king. Whereupon
some of the justices were sent to the chan(xulor
and some of the privy council to see if they
Xieeded lead probation against him, seeing he
had confessed ; but they were appointed to
do it, to give evidence that what they had al-
ledged was not calumnious ; whereupon the
witnesses were led (the former depositions that
had been taken being first burnt, lest it should
be esteemed a preingagement,) and several
acts of reset and converse were proven against
him ; and the assize being inclosed returned
him guilty. I heard some charge his lawyers
with an omission in forgetting to propone on
the S6th act pari. 12 James 6, where only de-
nunciation at the market-cross where parties
dwell, puts the lieges in maiafide to reset, but
not a denunciation at Edinburgh which was
the case of Blackwood's rebels ; for this was
a most important and material point
<< His sentence was pronounced on the 7t1i
February 1683 ; that he should be taken to
tbe cross of Edinbursrh upon tlie 28th of Fe-
bruary next, and his head to be severed from
his shoulders, and all bis lands and moveables
to be forfeit to the king ; and his arms were
reversed and torn at the cross with sound of
trumpet They ^ve him thir 20 days time
to apply to his majesty for a panlou, if he could
obtauf it : but without recommendations from
^iir Court bcra^ he oould not expect to come
nrWdr, [1024
to doe the lykis diligence witliout dday,aiHS toa
from shyre to sfayre wbill they be *appcc^
hended and brought lo justice or expelled wA
pott furth of the realme, and finder wbenefcr
speed at London. This seeming rigorompro-
oeduie with Blackwood, who bad ben vety
wary, cautious and drcumspect in biswafttne
(tiiough of disaffected principles) frightened loi
alarmed many ; fbr th^ considered, that dure
were few in the six western shires but woe
more guilty of that sort of converse widi tiKM
who had been at Bothwel-bridge, than he ; aod
now it was apparent that the chancdIoraDd
present governors were resolved to pot tfam
laws vigorously in execution. JoA 'they did
not stand to blame tbe late mimsttn of itite,
who did not poize tbe execution of tbe laitv
and government with an emial hand, bat some-
times rdaxed and flattered the pbaiiati«s ai if
they had been afraid of them; dappiof their
heads ; and at other times with thebigUiBd
host, and the bond and lawborrows, would not
onW persecute but even extirpate them; audit
had been tdlhigtiie country ttiai my Isid Stair,
Craigie, &c. had not opposed the talnng tbH
bondagainst conventidea m 167B ; lor it ni^
have proven an efiectual mediiim ef keeping
the commonalty in awe, their masters once
being bound tor their good bchavioaT, not
daring to give them tl^ least oonnivMiee.
However if Blackwood's interlocutor be de-
signed to be made a l^iding practick agiistf
all concerned, the king may get forMled hndf^
enough, andtiie indemnity in 1679 wiU^bappoi
to do more hurt tiian good for ^oietng die
country : fbr that pardon coming so soddenly
after fiothwel-bridffe rebellion, it took away
the terror and apprmenaion of it, so that scarce
any stood in awe to take home these p^rsooi
ibr tenants or servants virfao had been at Botb-
wel-bridge, without examining whether tbey
had tsdcen Uie bond, which was the cooditiott
of that indemnity ; and so this proiniscaoos
converse is now like to prove a great soare,
and there are 80,000 in Scotland engaged id
this guilt without any disloyal purpose, but
merely through inadvertency, and pity and
compassion to these poor people. So tbat
there is an al^okitft necessity for a new indem-
nity—which came in Aprif, clogged with die
test and sundry other restrictions.
<< Blackwood on the 8th Februaiy gave in a
petition to the privy council for a recommen-
dation to his mn^esty for a remission ; but it
was not judged humbfe and submissive enougb,
and so it got no answer.
« The marq^uis of I>ouglas on the 12tb Fe-
bruary gave m a bill to the privy cwmcii,
craving a prorogation of Blackwood's time of
execution, becaiise he had been his chamb«r-
lain for these 10 or 12 years bygone, and had
not given him his acconipts, and it ^"^^^^/S"
quire some time. The Lonls waved this wfl,
but ordained my lords DundonnaWand Abbott*
hall to take a view of the accompCs. Tbwoa
a new bill given in by him on the %%^ Fewt<
1025] STATE TRIALS, 35 Charles If. iGSO.-^for High Treason. [ 1 026
any nianner of traitors, rebelU, or unknown
men, vagabonds, bimpensto rejMire in the
countrey, all the Hedges knowing them, or
amongst whom they resort, shall with ali jios-
ary, they prorogued and continned his day to
Ihe first Friday of April, and on a new appli-
cation till November 1683.
*' This case of presetting rebels is much, agi-
tate by the doctors, and they make resetting
Jrequeniativum and so not a single act, and an
abstracting and conceahng them from justice ;
which is a step and desree farther than naked
fMmveise. See Menodi. de Arbitrar. judic.
qnatft cas. 347, 348. The crime of resetting
traitors has been little noticed in Scotland as
treason. I find the unprinted acts of parlia-
ment in 1455, *■ That none reset the earl . of
* DoiM^las ;' tand by the last printed act in 1 5 10,
klnff James the finh gives a general pardon to
all but them who corresponded with the earl
of Angus and bis brethren, only since they
were forfeited and not before : now it was
easy to shun the falling into thfU crime, being
few and eminent persons, not an obscure
rabble as those many thousand rebels at Both-
'wd-bridge were; and since 1540 till now, the
rigorous pursuing of this crime of reset has
irieeped ever till this process, vide Carpzov.
Vsus Arbor. Consanguin. But reason of
«tate may nrevail over ali this, where under
pretence or acts of common humanity, they
support and keep life in the rebellion, so it
cannot be extinguished without punishing all :
and the crooked tree must be bended contrary
' te the other side, to bring it to a rectitude, and
* ttbi crimina frequentir grassantur tunc exa-
' cerbantur poenae.' But ^ distingue tempera,'
and this crime of reset is either more or less,
aocording as the effects and consequences
of it are nxnre or less influential or pernicious
' to the state."
In 1 Foantainhall, 245, it appears that in
Nor. 1683, Lovrie's execution was respited tiU
the following April.
ThisLowrie, or Lowry, or Laury, or Lawrie,
b sometimes called Weir or Wier (he or his
fiither bad married the heiress of Wier, 4 Laing,
131, 2nd ed^ and in the Index to Fountainhtdl
be is called Mr. Robert Blackwood ; irom that
estate. These different names have caused
difficulty. See Fox's first letter to Laing,
paUished by lord Holland, in his Address to
the Reader, prefixed to Fox's Historical Work.
Bomet's Account of this Case is as follows .
*^ One Weir of Blakewood, that managed
ike nanjnis of Douglasses concerns, was ac-
cused of treason for havingkept company with
one that had been in the business of fiotnwell-
hridge. Blakewood pleaded for himself, that
the person, on whose account he was now pro-
secuted as an abettor of traitors, had never
been marked out by ihe government by pro-
cess or proclamation. It did not so much as
appear that he had ever susjpected him upon
(fiat account He had lived in his own bouse
YOJU ix.
sible speed certifie his majesty, oraome of his
secret councill or some of the cheiff persons of
autboritie and credit, dwelling within the same
shyre, that sick persons (it they be knowcn)
quietly for some years after that rebellion
before he employed him : and if the govern-
ment seemed to forget his crime, it was no
wonder if others entered into common dealii.gs
with him. All the lawyers were of opinion,
that nothing could be made of this prosecution :
so that Blakewood made use^ of no secret ap-
plication, thinking he was in no danger. But
the Court came to a strange sentence in this
matter, l^y these steps: they judged, that all
men who suspected any to have been in the
rebellion Were bound to discover such their sus •
picion, and to give no harbour to such persons :
that the bare suspicion made it treason to har-
iMNir the person suspected, whether he was
guilty or not: that if any person Mas under
such a suspicion, it was to i>e presumed that all
the neighbouriiood knew it : so that Ihere was
no need of proving that against any particular
person, since the presumption of law did eh-otc.
It : and it being proved that the person >^ith
whom Blakewood had conversed lay under that
suspicion, Blakewood was upon that con-
demned as guilty of high treason. This was
such a constructive treason, that went upon so
many unreasonable suppositions, that it shewed
the shameiessness at a sort of me d who' had
been for forty years declaiming against a par- .
liamentary attainder for a constructive treason,
in the case of the earl of2$trafford« and did .
now in a common court of justice condemn a
man upon a.train of so many inferences that it .
was not possible to make it look even like a
constructive treason. The duy of his execution <
was set : and though the marquis of Douglas .
writ earnestly to the duke fur his pardon,
that was denied. He only obtained two months
reprieve for making up his accounts. The re-
prieve was renewed once or twice : so Blake-
wood was not executed. This put all the gen-
try in a ^reat fright : many knew they were
as obnoxious as Blakewood was: and none
could have the comfort to know that he was
safe. This revived among them a ctesign,
that Lockhart hail set on foot ten years before^
of carrying over a plantation to Carolina. All
the Presbyterian party saw they were now
disinherited Qf a moiu part of their birth -right^
of choosing their representatives in parlia-
ment : and upon that they said, they would
now seek a country where they might Uve un-
disturbed, as freemen, and as Christians. Tlie
duke encouraged tlie motion : he was glad to
have many untoward people seut far away,
.who he reckoned would oe ready upon the first
favourable coojuncture to break out into a new
rebellion. Some gentlemen were sent up to
treat with the patentees of Carolina: they did
not like the government of those Palatinates,
as they were called : yet tlie prospect of so
l^reat a colony obtained to them all the condi-
tions they proposed. 1 was made acquainted
3 U
1057] STATE TRIAIA 35 Charles If. l€9S, ^Trtat of lawrh of tTdr, [am
we within the same, and if they be anknoim
sliowiDg: their todcens, and for what cause they
pretencTtbemselves to be wandering* athort the
country, *er lurkinir in any part, under the
paine, that the traitors, r^iells, or vagabonds
ou^ht to have sustained, in bodies or goods
themsehes, in case they had been apprehended,
presented, and convict be justice. And be the
fourteenth act of the sixt parliament of ki^g
James the second, it is declared that all who
shall recept such arefuglisied for crymes if the
cryme be notour or the tresspasser a)nvict, are
guilty, are ordained to be punished as tl^eprin-
cipalf trespasser, and be theynvntie seventh
act or thV seventh parliament or kidg* James
the fyft, all sberrefe, bailzecs, and opiers arc
ordained to doe diiigence to apprehend all rebells
who are at the born for capitall crymes, and
that no man willfully or wittinglie recept, sup-
plie, maintaine, dei'end, or doe favour to any of
nis majesties' rebells, and being at his mio-
tics' horn within their houses, lands, or bail-
'ziarics, under the pain of death, and confisca-
tion of llieir moveables. Nevertheless it is of
verity that John Balfour of Kinloch, the deceist
David Hackstoun of Rathillet and others havhiff
upon the third day of May M. D. C. and
seventie nyne killed and murdered his grace,
James late archbishop of St. Andre^vs } they
to escape justice, and involve others in ^lenr
goilt, fled into the western shyres and there
vith all the steps they made ; for those who
were sent up \vere particularly recommended
to mo. fn the negotiation this year there was
no mixing with the male- contents in England :
only they who were sent up went among
them, and informed them of the oppressions
they lay under ; in particulnr of tne terror
with which this sentence against Blakewood
had struck them all. The Court resolved to
prosecute that farther : for a proclamation
was issued out in the beginning of the year
1683, by which the king ordered circuit courts
to' be sent round the western and southern
coudties, to enquire after all who had, been
guil^ of harbouring or conversing with those
had been in rebellion, even thongh there had
been neither process nor proclamation issued
out ^gainst them. lie also ordered, that all
who were found guilty of such converse with
them should be prosecuted as traitors. This
inquisition was to last three years : and at the
end of that time all was to conclude in a full in-
• demnity to such as should not be then under
prosecution. But the indemnity was to take
place immediately to all such as should take
the test. This was perhaps such a proclama-
tion as the Vrorld bad not seen sinc6 the days
of the duke of Alva. Upon it great numbers
run in to take the test, aeclarin^ at the same
time, that the v took it against their cotisdences :
but they would do any thing to be safe. Such
as resolved not to take it. were trying how to
settle or sell tl.eir ' estates ; and resolved to
l^ave the country, which was now in a very op-
pressed and desperate state."
rose in a desperatand avowed Tdiettsii, nift
many others their acoompiiote sod assodslN,
and the said Wm. Lawrie, bein^ a petioii whs
haftli largHe shared in his majesties Booafie «4
lavonr, by the acts of indemnitie emitted \j
him, Mbeit, he was brought under the coia*
pass of his miyestiea* laws, by netoliatiD^ and
corresponding with the rdb^s wm> did nse ia.
rebelimn in the year ld<M, and wasdefiite it
Pentiand ; and the said Wm. Lawrie penndiitf
and continuing in disailbction to his mijesm
government, has ever smce W his aidiii|f,
abaiting, andcotmtenaiM^ngrebells, given thoa
too much encouragement to persist and ooati-
nue in their diaorderlie and rebdltout coorsi,
which b manifest and apparent in sua fan as
the greatest part of the lands of BUckwood,
being actuallie in the kte rebelfion, June W9,
were afterthe rebelk were defkte at BodnrcB-
bridge, reoeaved back by the said Wm. Lswtie
as tenanta of the said lands,, and were aUswed
by him to labour and manure the grooad, and
he receaved maill and dentie fhmi them, nd
particularly upon the first, second, third, and
remanent days of July, Augu^ September,
October, November, December 1660. twoor one,
ane or other of the days of aue or other of the
months of the years above specified: tike aid
Wm. Lawrie of Blackwood recept, aided, as-
sisted, countenanced, hariioured, mamtamtd,
keeped company with, gave ioaeet, drink to,
keeped, maintained upon the lands of filstik-
wood as tenants, receaved nKiilt and dewtie
from them, or keeped them in his actnairser-
vice, payed them wa^es and fed, the peraoitf
linder-written, viz. John Rae in BlacKwood,
John Rae his sone, Jolm Cochran in Rocfae&ds,
Thomas Allan in Maognebill, and Robot
Flemming- tenant in Brackenrigg, open and
manifest declai-ed rebells and traitors, at ksst
fugitives, and at the horn fhr the ciymes of
treason and rebellion, at least notorions reb^,
holden and repute in the country to havebeea
in the rebellion in the said year, 1679. And
the. said Wm. Lawrie supplied and correspond-
ed with the sud rebells or ane or other ofmeiii
recept and entertauoMd them as said is, as if
they had been his majestie'a ftee hedges aod
subjects ; wheretbrow the said Wilfiam La^
has contraveened his majestie's laws and acts of
parliament and incurred the paiae f^ treason
thereanent at least, as actor, art and part of the
foresaid crymes, which being fbund be ane as-
sisee, he oug^t to be punished with forfeitiireof
life, lands and goods, to the terror of ig^keoh V^.
committ the like hereafter.
Follows ane additional Indytmeoti^iaiifitki
said William Lawnti.
Indyted 4nd accused that wher notwith*
standing be the lawes and acts of parliament <tf
the crymes of treason and rebellion are punish-
able, with tinsell of life, lands and goods, and the
aiding, assisting, recepting, maintaining, onr-
v^motttfoig with, ratihabitincf, keeping comj^
^virn, and codntenanceing of die foresaid cnrnci
or the persons actors thereof or acceasorie
1099} STATE TRIALS, 95 Cbables U. l6S3.-^ftfr Htgh Treman. [lOaa
.Ihoelo if fUBMhable as said is, BSfserthelsss
tker hemg a borrible rebellion begonoe and
jwrpetrat in tbewegteroesbirresof this Idog-
oome, in tbe year 1679, the said William
Liawrie did ao Tar own and counf enance the
.said rehelUon, and die perwnsaccessorie there-
tov that upon the first, second* and remanent
days of ths months of May, June, and Jul^
1670, or one or other of the days of the aud
inonus, the said WiUiam Lowrie did commis-
juonate^ authoiize, impower, or give order to,
or connive a^ James Cleilland, sone to Thomas
CleiDaod in and James Wilsone,
•one to John Wilsone in the toune heid of
I>ouglas, notorious and known rebells, to come
to the boose of Douglas, and there to robb and
take awav two cannon, which were thereat, and
«ererall borses belonging to the marquis of
Dott^as, and a horse bdonging to the said
William Imwrie, wbieh they actimllie did, and
camred along^t to, and were employed and
maoe uie of by the rebells then in armes ; and
the forenameu persons being at that tyme
challenged or demannded, by whatwarrand or
a^oritie they robbed and carryed away the
«aid cannons and faors^, they answered and
saia the same was done by command and war-
xaod of tbe said WiUiam JLawrie ; and afler the
«aid rebells were defate at Bothwellbridge, the
cai^ Wiiltam lawne did harbour, recept, en-
tertain, interoommon, and keep comoany wtdi,
the forenamed persons, common ana notorious
nbells; ami receaved back finom them the
)iorMS so nobbed and imployed by them in the
said rebellion ; and upon a process being per-
- Kwedby his majestie'sadvocat before the lords
of prine councill, against tbe said WiUiam
Lawrie, ior recepting of rebells, and proba*
tinn made tbereuntill ; the lords aner advysing
thereol^ havinff remitted his tryall to the ior£
Jostioe generalland^ounissioner of justiciarie,
le in farther pereeyerance of his disloyaltie and
disiiatisiaction to his majestie's government,
and contempt to his laws,.hes dared and pre-
^luned, since or before the giving or reoeaviog
of his indytment, correspond^ and keeped
eompany with the said James Wilsone, a com*
IBon and notorious rdbett, and gave onlers and
commission to him, to manage his afiairs, and
to sell and dispose ojpou his goods and gear,
and the plenishing or the rooms belonging to
Iwin^f or whereof he hes takes or is in pos-
session, pertaining to the marques of Douglas.
And the fi>resaid persons rebells, fore^d,nay-
10^ after the defate at Bothwellhridge re-
M&red back to the towne of Douglas ; the said
William Lawrie being bailsie, chamberlane, or
tnistie to the marquis, did so fiu* owne, counte-
naa^e, recept or interconMm with the said re-
bells, that they being diallen{(ed be somek>yall
persons in tbe town, for their accession to tbe
said rebellicm, or the lyke, the said William
lawrie oontrara to bis trust, and tbe duety of
all good sul^jeds, was .so hr from apprehenJbng
or pimisbing of them that he threatened to, or '
dia punish the psrams who challenged them,
for saids crynwsy m^ mffeied tbe rdklla to
escape and goe free : off the which cry mes the
said William Lawi'ie is actor, at least art and
part, which being found be sue aasyse, he ought
to be punished by tinsell of his lyne, lands, aad
goods, conibrme to the saids laws and acts of
parliament, to the terrour and example of
Others to committ tbe lyke berealler.
Follows eneofher additional! Indytment.
Yb are Indtted and accused, that wber
notwitlistanding be the lawcs and acts of par-
liament of this Idngdoine, and constant prac-
tique thereof, the crimes of treasone and re-
bellion, and the aiding, assisting, recepting,
maintaining, corresponding with, ratifaabitiag,
keeping company with, and countenancing of
the persons guilty thereof^ or accessory thereto,
is punishable with forfahure of lyffe, lands,
and goods ^ nevertheless it is of \erity that
there being a horrid rebellion rais^ and be-
^ne in the western shyres of this kingdome,
in the year 1679, and James Wilsone in Town*
heid of Douglas, Alexander Gilbersoun in Syd
of Drumabao, Adam Thomsone in Mariegil],
MathewFlemroingin James Lawrie
kite clerk of Donglas, being actuallip ii^fagsd
and notorbe knowen to have been in tl^ said
rebellion, and being delated by their ne%b-
hours and the country people, and indyted
therefore at the late justice aire, and not daring
to appear (hj reason of their notorious guilt)
thev were declared fugitives, denunced ra>elu
anu registrate to tbe home, and the said James
Lawrie forfault for the said cryme, and yet
notwitbstandbig of the nottoritie and common
report of the persons foresaid, their being in
the rebelUon, Uie said William Lawrie even
since (as well as before) tbsrf were declared fu»
g'tives, denounced rebells registrate, and fore-
ult as said is, hes most treasonablie aided,
abaitod, assifted, reoept, mantained, ratihabit,
correspcMidit and keeped company with, and
countenanced them severall tymes, and in ape-
ciall tbe said William Lawrie did upon the
first, second, third, and remanant days of tbe
months of January, February, March, andnre*
manant rooneths of tbe years 1679, 1660, i
16B1, & 168S, harbov, recept, and maintain tbe
said James Wilsone, a nottorioos rebell within
hisownhousof Blackwood, as also upon the
day of September last or ane or other
of the days of the said moneth,.the said Wil-
liam Lawrie gave commission to the said James
Wilsone to sell his nolt m Skirline fair, which
commission he accordinglie accepted and obey-
ed, as also suice the said William^ Lowrie's
imprisonment, within the Tolbuith at Edin-
burgh, he hes several tymes conversed and
corresponded wkh the said James Wilsone,
and did there oommissionat, and impower hini
to sell his nok, and sheep, and siduyk^ upon
ane or other of the dayes sf the moneths, and
years above spedfied. The said William Lawria
did most treasonablie conrerse keep company
and iatefcoauiion with the saki Alexander GiU
keisoB a nattorious rebell, did aid,assist, anck
countmnoa him in aua ftr M he procoMtt
1031] STATE TRIALS, 35 Charlbs n. l6SS^^Truao/IjncriefnrWnr, [im
him a tack from the maitniiB of/Doiifflas, of
his lands of 8yd and gott him a considerable
ease of the dewties formerliein use to be payed
tfaei^fore, and subscrybed a witness to the tack
itself, and the said Alexander Gilkersone's sob-
stitntion thereto ; and also did harboar, main-
taine, recept, and defend Adam Thomson, in
lUarigill, a notorious rebell imploded by him to
buy^ and sell goods for him, and sold liim his
tvool, batter, and cheese, and receaved money
therefore and so, Well did he know that the said
Adam Thomson was in the rebellion ; That
CIaTerh6iisc and captain IngUs troups behfig' in
that country in the search and pnrsute of re-
> bells, The said William liowrie did most trea-
sonablie order him to stay in the castle of
• Douglas, where he ordered bis dyet to be cfiTen
him and secured him (as he promised) till the
troublesonme tymes (as he called them) were
OTer and the parties of his majesde^s forces had
• left* the conotrey ; and lykewayes the said
William Lowrie did harbour, assist, abait, tnter-
comon, and correspond with the said Matthew
Fleymin^, who went alongst with the rebells as
cannonier to the cannons they had taken from
Douglas, and being trustie to the marques of
Douglas, be made him the marques FouUar,
and caused herboiir, and entertain him in the
housci and give him ane allowance in meall,
and allowed the same Samuel Doufflas and
James Ogilf ie's aocompts ; though fie was a
nototir rebell guilty not only of the liUe but of
the rebellion 1666. As also the said William
Lowrie did correspond, intercomon with the
said James Lowrie both-^before and since he
was a forfauh traitor, and caused him sitt as
clerk in the niaroues courts, imployed him to
write, takes rentails and other writes and secu-
rities, procured him a warrand to carry armes,
and did and promred him and the persons
above-named, many acts of friendship and
favour, raOst base)i« and perfidiouslie abusing
and imposing upon the marquee, a person <n
untainted honour and loyaltie, who knew not
the persons above ntoied, nor that they were
rebf Us, he being the marquess trustie all the
tvme. « Off the whilkcrymes above written,
the said William Lowrie'Is actor, art and part,
which beingr found be ane assyse • he ought to
be punished with forfaulture of lyfFe,1and, and
goods, to the terror Of others to commit the
yke hereafter.
Persewer. — Sii* Georffe M'Kenzic, of Rosc-
baugh, his majestie's advocate.
Procurators in Defence. — Sir Geoi^e
Lockhart, sir Patrick Hiime, sir John Gor-
doune, Mr. William Fletcher, Mr. HJchard
Doii^las> Mr. Walter Pringle, Mr. CoUne
"M^Keuzie.
Tlte Lords autboiin the advocates for the
pannel to cotupear and plead in his defence.
Tf^e Debate.
Sir Patrick Hume for the pannel, alleadges
ilenoying the libel and haiU members and qua-
lificatrotisthereof, thai he ought not to-possto
the knowledge of ane assyse, Imo. becaoie n
to that part of the ly beH that the dcfoider dil
negotiat and correspond with die rdMls, U»
year 1666, that was defat at Pentland.
It is answered, That it is very well knowi
that the defender hes always behaved himseif
as a peateeable and loyal subject, and is do wayes
incl^'ned to faction or seditions, to connienaooe
or encourage rebells or seditious persons, hot
upon all occasions readie to concurre for gap-
pressing rebells, and he did noways negoUit
or correspond with the rebells at FVmdaodfailb,
ferder, then he was appointed by autboritie, it
bein^ by express warrand and command of hb
exc«lence generall Dalziell, who then com-
mand his majestie's forces, that the defeader
should goe intimat and make known to tbe
said rebells, the proclamation of hismiyestie's
privy counoell, for dissolving and layiii|[ down
their armes and submitting to bis mjyeatie^
autboritie, which was so mr from bemg ine
act of disloyalties that it was a great tectJniQiiit
of Ins zeall and affection, to hi^ majestie's ser-
vice, and his exeeUence did suffidendie vindicat
the defender of tins, before bis majeide)
privy oouncell.
Sdo. Whereas itislybellit that the defender
did aid, abait, and countenance the rebefls, in
so farr as the greats part of tbe teaeDti of
Blackwood, beine in the rebeHion 1679, ifler
the rebells were mfate at Bothwdlbridge, wot
recept back be the said defender as tenenti
upon his lands and were allowed be him to
labour and manure the same, and that he re-
ceved maill and dewtie from them. The lybell
in 80 generaH termes is not relevant, unless the
particular persons were condescended apoB,
and as to the particular persons mentioned in
the lybell it is not relevant against tiiedeAoder,
unless these persons who it is alleadged he did
aid, abait, or assist, were first found ^piihy of
being in the rebellion, for aiding, abaitug, and
conversing with being only acts of, accession
to the cryme, the defender as goihy of tbess
crymes cannot be insisted against tiefore Ik
principaH parties be discust.
8. Et separatim. The lybel] is not rdevsnt
unless the persons mentioned in the Ivbell witb
whom the defender is alleadged to nave con-
versed with, aided and recept, had been inter-
commoned be letters of interoommoning, «
that th6' defender had aided, assisted or kepped
correspondence with them when Uiey ^w**
actuallie in armes in aeiione et rebeUioneSt sdng
letters of interconmioning are granted and pnb-
lished for that efiect that it may be known who
are rebelh, the liedges being diereafler put in
mala fide to aid, converse wi3i, or assist them,
and these are the specifick acts fixed ufOD bj
law that can only put the Ueget nt mala /Wc.
4. The persons mentioned in tbe lybcfl, vitb
whom it is alleadged the defender did ^^^^B^TTf
with, and bong tenents as is acknowledgw by
the lybell, they were secured by tbe Act of In-
demnity, upon taking ihe bond, never to c«w
armes agakiat bis majettie ; . and,, howerer, u
1033]
STATE TRIALS) S5 Charles II. l683.-/iir High Treaion. [1034.
thrr hat! neglected to take the bond, and so
Rot'have the benefit of tl^at act themselves, yet
seing' they were persons capable of the indem-
nhie, the lieges were in bona fide to converse
witli and recent them upon the lands, seing
they might rationatlie presume, that if the said
persons tiad been in the rebellion that they,
would have taken the benefite of the Act of
Indemnitie.
His Majestie's Advocat replyes, Tliat he
insists upon Blackwood's former carriages,
only be way of aggravation^ the same being
too notour, cither to be proven or ommitted ;
and astothegeneralitie of thelybell founded
on in the first defence, he makes no further
Qse of it than for the same effect. As to 2nd,
wherein it is contended that recepting, &c. are
'only acoesdons, and so arc not relevant till the
principall traytor be first copvict. It is re-
plyed, that recepting is per se a species of trea-
son, and so declared by the acts of parliament
and common law, and they are discust as far
as the law can allow. In sua far as they are
denunced fugitives, and though they were not,
yet the nottorietie of the rebellion shall be
proved.
To the 3rd, bearing, the persons should
faaVe'been intercomon^ who are alleadged
to hove been recept or els should have been
such as were actuallie in armes. It is an-
swered, that by our law the recepting of nottor
and open rcbeils, or of such as are denunced
fugitives, is sufficient without intercomoning in
the case of treason, neither which acts docs
require intercomoning, and intcrcomoning is
only used by the lords of privy councill in Jess
attrocious crymes than treason, such as mur-
ders, reiifes, or * ob majorem sccuritatem exin-
* dulgentia lefi^s,' for givint^ farder notice to
persons who Live at a gfreat distance, and as to
this point the lords interioqutor already jiro-
nounced is bearing : recepting, harbouring,
giving meat, drink, Sec. to persons notorlie and
openfie rebdlious or who were denunced and
put to the home. This is in itself very just,
since there can be notliing better notified to the
people, then when either tlie cry me is ane open
rebellion and committed in the same country
ami shyre, of where the persons are publishedf,
denunced fugitives conforme to the act of par-
liament and the letters of denunciation regis-
trat, which might been easilie known by any
ivho had done the least diligence, nt>r would
letters of intercom moning hare done more, and
intercommoning being only where it is dubious
to the people, whether tney might converse
-(vith persons guilty of such and such crymes.
There was no dubttie as to traytors. The acts
of parlia^nentof the nation having discharged
intercomoning with these de jurcy and the
cry me itself being lykwayes so tiotorious.
To the 4th. I thought his majestiewas g^-
riously pleaseil according to his often abused
deroencie to grant any indemnitie to tenents,
yet 'tiiat was only upon condition they should
take the bond, and therefore except the condi-
tion had bein purified by taking the bond, the
persons remained still rebells, and the same law
and reason, that oblieged thein to know that
they were rebells, did lykeways discharge
them from recanting. Sec. except they had
actiialie layd hold on the condition of his ma-
jestie's clemency. And the' pannell and all
others should have abstained till he had seen
the saids persons cleared, which was a thing
very easie for him to have done, but itaucn
more should he have done this, when he and
others lived in the same shii-e with them, and
keept them upon his land, nor could there be
any securitie fi)r the government if such law-
lessness were allowed, especially seeing the law,
for preservation of the commonwealth anil
public securitie as well as becxius of the odi-
onsness of thecryme, has commanded all his
majestie's liedgto to certifie his majestic when
any ?uch traitors were in the countrey, which
is yet a higher degree of dilligence, and which
is reallie necessary for preserving the kingdom
against rebellion, and wee have found by ex-
perience, that this laxness has Ijccn the occa-
sions of rebellions in which we have exceeded
all the nations of the world, to that liigbt that
wee have even lost the notion of treasons, nor
will wee ever be secure till our laws again be
returned to their deu execution.
Sir George Lockharl duplys, That the fore*
saids defences adduced for the pannel stand re-
levant, and are no ways eleided by the foresaid
reply, and in so far as concerns the point of
aggravation the pannel thinks it no' wayes
necessarie to insist tliereupon, it being notour
and evident that he acted nothing except by
express warrand and commission ; and as to
that part of the defence, that the pannel by all
the acts and qualifications lybelled, being only
conveined as a recepter, maintainer, and cor-
respohder with rebells, cannot be put to the
knowledge of an assize, unless the oebells were
first convict. ^It is in itself most just and rele-
vant, and by his majestie's advocates own con-
fessi6n must take pWe, as to such of the per-
sons condescended upon who were neither for-
fanlted nor so much as declared fugitives, and
as to the wholl persons, the defence is relevant
and founded upon express laws, andparticu-
larlie upon the statute of king Davul 2nd,
caput 19, wher it is expresslle ordained,
' coram rcge,in plenoparliamento (|uodsuper-
cedendum est de receptatorealicujusmalefiic-;
toris injdicandi sive appellandi quousq. recep-
tatus indicetur et si receptatus quietus fuerit
receptatur quietus sit sine alioqua, alioqua
assizam et autem receptatus damnatus fuerit
receptator habebit assizam.' Which law is
80 clear and positive as does exclude all de-
bate in the contrair, and requires that any jier-
soi^ persewed as guiltie of recept or comple<9
cannot be put to the knowledge of ane assize^
all such qualifications being but a degieeof ac-
.cession, unless the principal partie wer first
judiciallie convict, and the reason is most appa-
rent, because, if this order were inverted, it
1035] STATE TRIALS, 35 Ch ASUS II. 1 OS^.-^rml qflmme &r Fctr, [103&
might fidl o«t that one rnkflilL be cw^maneA as
accessor or accomplice of the alledged cryme
of another, who when be came to bie tryed,
mi^htbe acQuit, of the aaioe cryme, Vhicn if
it £d ensue oehooved to conTince that ihe iirst
who was cOpdemned was absolutely innocent.
And the samen is also expresslie determined
Quon attachi : Caput 83. Likeas as iherare a
j^reat many persons condescended uppn, with
whom it is lybeUed the panoel did correspond,
harbour, mantaine and recept, Wer neither for-
fault nor declared fo^tives, as to many other«
who are declared fugitives and prisoners, and
in thepower of his mijestie's officers to sist
and brmg acttialtieto tryal. It is not at all re-
levant to pretend that they are either forfault or
declared fugitives, unless they were forfault
upon a probation of the cryme» and of tne
treasonaole fact itself, which is the medium
concludendi in thialibell against the pannel.
And as to that point of the lybell, That the
pannel is guilty of the recept and harboiirinff
of rebells end corresponding with them, and
doeing the other acts, and deeds, and qualifi-
cations lybell^. It is dnnlyed, That that part
of the lybell is not founded upon the acts of
parliament, narrated in the lybell itself, and
Being a poynt of universall consequence, that
tends to mvolve whole tracts of oountreys in the
cryme of rebellion. It is hoped the lords of
justidary will proceede with all possible ten-
derness to introduce and establish suohapre-
prative, seeing, albeit it is to be resreted, that
ther have been frequent iustanoes (3' rebelHon,
yet by no precedent upon record it can be mad
appear that persons were ever persewed, much
less found guilty of the cryme of treason upon
tlie qnalifications lybelled, except by the high-
>est degree of diligence and execution, a public
marie and seal were put upon such rdltells,
Mid the leidges expresslie discharged to intcr-
Gooimon with ibem, and the laws and acts of
pariiament of this kingdom must be understood
to proceeiTupon the same principles of policie
ana justice, which was established by the
common law, and by the laws and policies of
other nations and be the common law, and that
be the < Ad htg. Jul. Ma. wher dedita opera,'
there is a condecescension of the sev^^l neads
an^ grounds, whereupon the crymes of treason
is imerred, which is very large and compre-
liensive ; yel in the 4th law of the same title,
the law itself conader the qualification lybelled
on^ in these terms, * Cul Juste opei'c dolo
^ malo hostes populi Romani coroeatu armis
' telis equis pecuniae aliva re adjnti erunt,'
which was to enemies in the state of rebellion,
as the glosse and all lawyers doe acknowledge,
imd by the laws and polLciee of other nations,
ivhere such supply and correspondence does
not relate to ^oeUs actuallie hi rebellion,
publict diligence is interpreted which in other
coimtreys is called Mannum and ^ith us Letters
of Intercomoning,* and after which all his
* As to Letters of Intercomoning, seetheNote
m Tol. 0, p. 1S08.
mi^estie'sliedges are then under the kHBiidsf
guilt, and of being involved in their emnes fe»
harbour recept, suply or intercomon withRklli,
and it is evident trom the acts of parliament,
whereupon the lybell is founded, that Ihis is •
just io^port aud mterpretatioo of the said acta,
and consuetude, whico is optima Ugii inUrprUt
has so interpret the same and no other loue
can be elicit, from the 144 act par. 13, in Ja.i.
Lykeas it is evident from the said act that tk
rebells therein mentioned wer still ^oonsidered
as rebells actuall in rebellion and oader actoall
prosecution, all hb majestie's leidgea be caltod
to persew them from soyre to shyre, or the act
proports and the lords of iusticiaiy wiU be
plea^ to take notice, that the acts of parlia-
ment lybelled upon, doe not commeooe only
the case of such who had been actuallie in ra-
hellion, but the case of all crymes for wbidi
parties were denounced and put to his Quyes-
tie's borne, and it were ane odd consequence
to imagine that it was the sense and import of
the said act, That tlie simple oonversii^ with
criminalls, after they were either convict or
declared fugitives, should involve his nuyestj^s
leidges in the punishment of their crynies,
unless letters of intercomoning were directed
against them as a public brand and mask ta
harbour, recept, supply or intercooian vitb
them.
3. As this is the true import and the just in-
terpretation which all former precedents and
customes have fixed upon these acts of parlia-
ment, so much more it ought to be sustained ia
the particular case of this pannell. Id respect
after that execrable rebellion wherein too many
were involved, his sacred muesty baring
thought fittfrom hisclemencie andgoodaeas, to
offer a general! indemnitie to pecsofies of aa
higher degree than teneots, upon their sub-
scribing tlie bond , it was sufficient to take offany
cryme that could be inforoed against his m^
tie's subjects, who were innocent of tnese
crymes, though any such thing could be provea
a^paiast the pannall, that efVer the said iBdeo-
nitie, he had recept, supplied, dorrespoDded,
int^rcomoned, or keeped company with anv at
the said persons, in regard both be, and all
pthers his nu^eaty's lieges, had reason to pre-
sume and behove, that any who were guilty w
the rebellion woiild readily lay hoM aad em-
brace the tender of his majestie's iodemoitie;
and thou£;li the not taking of the bond nu^
veriei u^tUe forefault the r^ells themselves, the
benent of the said indemnitie, yet that c^i^
be obtruded upoii the pannall, the isi^dfif <v no^
taking of the bond, bdng a poynt mfi^
alicwff fix lawe presumes another to ^ j^^
ignorant ; and wno had no reason to **^
the same, fioding such persons to repair to tbeir
dwel$n^ placeSfUvepeaceablie, pubirdie, eon-
verse with all men, to reoeave no troable^Wf
be under no prosecution from bis ^^J^yv*
officers and souldiers, in those parts, no'.*"*
donatores, nor others, having commissioo to
uplifl the goods of rebels ; all which conc^
ring is in lawe sufficient to eviqce that of
1057] STATE TRIALS^ 95 Charlbs II. ISBS.'-Jhr Bl^ TVtmom. [103«
panoa] cannot be found fifyflty) npon the ac-
count of his recent of sncn persons, and dodng
tiie other acts ana qoaliflcations labelled, these
being' the common acts bearing no relation to
the crymes, nor no wayes temfing to maintain
or secure rebells from the jost proseciUion of
lair ]y ke as the pannall is in a special! case and
dillerent from many other heretors, and persODs
io the oountrey ; in respect that albeit tbe per-
cones condescended upon are' lybdied to be
tennents of tbe lands of Blackwood, yet the
Dannall was not so much as heretor of these
lands, but which did belong; to the deoeist,
George Weir his sone, as air of Tailzie, to
im^or Bennendyne, and wherein was in pos-
session several years before and after the re-
bellion ; and afi the interest tlie pan^l had,
-was, that some two years after his sone's death
he became tutor in bw to his grtwdchildren, and
appoynted chnmbedaDds fw olifting the rents
aM payioff his sone's debts, and had not so
tDocn as his residence upon tbe lands, but
liyed ata oojosidmbie dislanee and fSur tbe most
part in the city of Edinburgh.
And as to what is urged tnat the Lords of Jos-
tieiarie -by their intenoquitor in another case
bave found that it is sufficient to make a party
guilty upon the salifications lybelled that the
rebells were couTict, or denunced, or notorious-
lie known, held and repute to be rebells. It is
answtred tfadt it is hoped the lords of justici-
atie both may and will consider their inter-
loquitors with all due regard to tbe import of
the same and to all former precedents and
enston^ as to this poynt, and it will appear by
tbe debate that there was no such a]leaqg;eance
preponed be law and custome letters of inter-
ctoioning and it does not in the least import
that such letters use to be direct by authoritie
of the lords of privy councell, because if that
were acknowledgea yet it is just they should
be direct as to that effect, to make the Iredges
inTohre in the same crymes of treason and re-
bdlion, whereof the rebelb are denounced.
- And as to that part of being notorious rebells,
law and custom hes condescended upon letters of
intercomoning to inferr the same, and certalnlie
noiifrium in the terms of lawe is not applicable
to this case, for that is never understood but
where is committed, ' palam et in spectante,'
that * non egit probatione' as is clear by Matth.
* deprobationibus* cap. IS^imd be Julius Clar.
Si.Tinals, cap. 9.
' And the persons mentioned in the former
lybells whereupon the lords of justiciarie gave
their Interloqoitor wes master John Welsh and
odiers who were actuaftie intercomoned, as also
there was nothing foflowed upon that interlo-
qnitor, but the parties notwithstanding were im^
mediately discust.
His Majettie^s Advocate triplies, Tliat
where recepting is only ane accession^ as in the
cases cited, viz. Crimen Latrocinij, 5cc. Ther
they being only persewable as receipters, the
pmci|>all must be first discust. Those lawes
speaking only of recepters, but the pannal is
^lersewed for the ciy me oftreasMi as ane crimi*.
nail principal! and not as ane accessory cryme,
it bemg' expressUe by the 14 act, 6 pari, king
James 9, aedared, diat firae it be notour or
the tresspasser convict, he shall be punished in
lyke manner as the prindpall trespasser, and so
may be punished without any previous tryall. -
And which law bemg posterior to the &rmer
dioe& not at all appoynt that the prindpall should
be first discust, and the extnordinarieness of
the cryme did require so, nor would it be absurd
at all, that such as secure those who were de-
nounced fogitives for treason, should be execute
though therafter tbe pannall were acquytt, for
the should haveabstained fVom recepting or com-
fbrtii^ any persone that was declarea fugitive
fbr treason, without making themsdres judges
whether the persons declared fugitive were
fpah^ or not, and if this were true denuncia-
tions for tresion would ngnifie notbiog.
Lykeas by the 14th act 12 part K. Ja. 6
speaks only of those who recepts traitors and
rebells oontemptuousIie,remaiungat the home,
so that though they were never so ignorant
yet the recepting of them whilst they con-
temptuously remained at the home is declared
treason, wifliout speaking of their beingguilty.
^ Whereas it is contend^ that our acts of par^
Uament most only be inteipret of sucb as re-
ceptand assisted at^uali rebeUs, it is answered^
that certanly all such as are declared enemies
to the country and denunced for treason are in
the construction of biw actuall^rebells et hoitn
tsipcnt, whether they be in aetuaU armes or
lurking ; or can any man think, if a general of
a defate army, or a* man who had killed the
king and denunced therfbr, would not be such
ane actuall enemy in the c<Nistruction of law»
as thatthe recept of hhn' were treasdn ; and
the said 144th act strides agi^nst such as re-
cept those that are wandering tbrougfa the
country, or luridng in any place, and that is
lykewayes by the meaning of tbe said les
quarto. It lieing most just that he should be
< repute hostes populi Ronoanj' who does com-
mit treason agamst him, hostes being nroperiy
ane enemie, uA all traitors .being sucn. And
in the construction of lawe and common reason
all such as are dedared traitors, most still be
looked upon as such as are ready upon all oc-
cafdons to take unarms, and want only tha
power, not the will.
As the Intftrioquitor is most clear in the terms
foresaid, so it is no matter whether any pan-
nal were punbhed osaftiritto to that interlo-
quitor, that having proceedit fbr want of wo-
bation. And if tner had been probalwn ttiej
would have been forfiiult. The yadgeB having
declared this to be law.
As to tbe case of notorielie, it is oonleiided
that some things are notour jjer ^ notorietatem
< Juris ;* and omers,* per notorietatem factinoto*
* rium Jnris est per sententia or Banmim ;' and
in our law no person is denunced fugitive, but
by the sentence and command oC a pudge de-
claring him f\sgitivtL and no nation under
hearen hei a more solid and oertane ¥ray ofin-
1039] STATE TRIALS, 35 Charlks 11. }6&3.^Trialo/Lomie or IVeir, [1040
clacing this ' notorieiatem Juris,' viz.. Open
Prpclamation, ^ifijring of copies on tbe Mcrcat
Cro^, and permanent open RegLstei*s, and
there may be lyke^vayes a * notorietas facti
* per famam,' though the people have not seen
the ground of the notorietie. As for instance
Robert Hamiltoun generall is notourlie known
to have been general, and if any of us had re-
cept him immediately after Bothwell, though
before he was denur.ced fugitive, if they had
known hira to have been Robert Haradtoun,
they had been certainly guiltie>of treasone, as
having recept a notour rcbell ; for else it should
be la we to recept all men before they were J e -
nunccd fugiti? e, though their guilt were never
so hayuous, and so notour and ordinarlie, tbe
recepting them immediately after the cryme is
more dangerous than after denunciation; be-
cause, then they are only seeking shelter, and
need to have their escape made. Whereas or-
dinarly they are secure before they can be
gotten declared fugitive. Of all persons,
Blackwood is most guiltie, and if this lybcll
be not found gailtie against him, it cannot be
afi^ainst any, for he did not only converse tran-
siently^ but kec{)ed men upon bis own ground,
CDtertamed, corresponded with very many, and
in effect with all that ever came inliis way, and
that for many years, and even ttie persons who
had taken away cannon publictlie in the towne
wher he dwelt, nay, and efter he was in pri-
sone for that same verie cryme, and thougn he
was not heretor he was loco domini being tutor
and quo ad recept it was all one, for it is the
keeping on the sroundi and not doing acts of
Sroperty, that makes recept ; and if the duke of.
funmouth's chamberlane should recept all the
tenants who were rebells, this might be as well
alleadfi^ for him, nor can Blackwood allead^
that tois wa^ a latent treason, but it was of its
own nature, an open and notour treason, viz.
an actual rebellion, which all men should have
been jealous off, and secured against, an^ be
shoold have seen that his own tennents should
have taken the bond, lyke as what ever may lie
said in single acts for men whose principles
are above all suspition ; yet m such a long
tract and such a complication of ffuUts, the
couneeil having formerJie bein inrormed by
persones of great honor concerning Black-
wood's kvodness for tbe first rebellion, and
common oruit and open fame of bis kyndness
for all persons of those principles, tner was
extraordinary reason to prosecute Blackwood.
• IfUerloquitor,
The Lords having considered the indyte-
tnents persewed be bis ^lajesty's Auvo-
cate, against William Lowrie of Blackwood,
with the defences proponed for the pannal, and
haill debate, repells the defence and reply,
in respect of the answer and duply, and finds
the indy tements as they are lybelled, viz. That
the pannall as heretor of the lands of Black-
wood, or^ as tator and manager of that estate,
recept, maintained, haiboured, and inter-
eomoned, or conversed with, or did favours to
the persons lybelled, who are declared traitors,
or denunced and registratc to the home for re-
l)elIion, ornotoiious and kuowen rebells who '
have been actuallie in the rebellion. Relevant ;
and reniitts the same to the knowledge of the
Inquest.
Curia Justiciarle, h. D. N. "Refps tenta ia
Prsbtorio Durgi de Edinburgi 5th Feb.
1683 per Nobilem et Potentem Comitem
Jacobiim Comitem de Perth, Justiciarium
Grneralem, et Hicbardum Dominom de
Maitland Clericum, et honorabiles viras,
Robertum Dominum de Nairne,DomiQoa
Jacobum Foulis de Collingtoun, Davidem
Balfour deForrct, et R(^erum Hog de
Plarcauss, et Alexandnim Seton de Pit-
medden, Commission^rios Justiciaris dicti
S. D. N. Regis.
Curia l^time affirmata.
Intrarif
William Xoivrie of Blackwood prisona*.
Indited and accused for the crymes of trea-
son in manner mentioned in his Jybell uiindU
precedente,
Fersewcr.Sir George M'Kenzie, of Rose*
haugb, his majesty's advocate.
Procurators, in defence, ut supra.
The lords caused to be read tbe Inierloqotar
before pronounced, and remitted the aaaie to
the knowledge of the assyse.
AssisA. — John RiddeU, of Hayning ; John
Gordon, of Caimburrow -, George Mortson, of
Bognie ; John Gordon, of Avochio ; James
Murray, of Skirling ; Andrew Hamilton, mer-
chant; Thomas Brown, late Bailzie; Joha
Johnstone, of Poltnn; Alexander Cniiksbank^
merchant ; John Muir, of Park ; Sir W^illiam
Binning, of Walevfoonl ; Thomas Fairholroe*
merchant; Patrick Still, vintnier; Alexander
Abercroinb}', vintniei' ; Thomas Wilson, mer-
chant.
The Assise lawfuUie sworn, no objectioa of the
law in the oontrarie.
The Interloqutor read in presence of the
pannell and assyse, and instruments taken thefe
upon bv his majestie*8 advocate. It was al-
ledged oy sir Patrick Hume, that the pannel
yet cannot pass to the knowledge of ane assyse,
Primo, because the lybells being in goieral
terms, that the defender did assist, recept, &c.
the persones lybelled ane or other of the days
of the mounths of the year 1679, 1C80» 168^
and 1682 : it was not relevant unless the par-
ticular tyme and place were condescended
upon, as is clear from the common law, leg. 3.
sect. De excusationibns et inscriptionibuii, by
which it is expresslia provyded that the tyme
and place and other drcamstancfis ou^ht to be
conoocended upon, < generaliterprsecipitaroDa-
* nibus que reum aliquam deferunt ne autem
* diem ne horam invitus comprebendit quod li- ^
* belli inscriptionum legitime ordinati hod fae-
* runt rei nometh aboletur.' As also it is dear
from tbe laws of our neighbour Mtioa, stat S7,
1041] STATE TRIALS^ 55 CHarlrs IL i633.-^/2^ High Treasau. [l()4t
Hcnnr 8th,the day yetr and place^ust be ex- 1
wemy condetceDded apon, and Andreas GaUl,
lib. 1, Obeerf at. 64. nuns. 9, where he says ex-
prewly that * in criminati acctuiatione 8i iion
* contineat locum et tempus delicto ipso jure
* nulla est.* As also it is clear from oar law
cjoon. attach, cap. 184, num. Stband cap. 75, by
which ft is provyded that the names of the j>ar-
ties,^day , yeaf and place, cause of complaint and
damage must be condescended upon, ny which
-it ia evident that it is as neoessar to express the
tyme and place in thelybeli as the parti^ name
o^ cryme for which tney are persewed ; And
the reason of the law is most just, for if it were
otberwayes that so general a lybell, then the
defender should be precluded of many just de-
fences, audi as the defence of alibi and others.
8. Et teparatim^ that the defender being
tnit tutor to his mndchjid and hayinjo^ his re-
sidence focum e^laron constantly at Edmburgh,
he could not be supposed to know who tt^ere
i^ute rebells in that country, or who were in
the Portcous Roll, for what ever may be pre-
tendit in case denunciation were made at the
mareat crose of Edinburgh by letters of inter-
comoning, that cannot be extended to the Por-
taous Roil at the Justice .Aire of that countrey,
and he not being tutor served tUl J uiy 1(>81, it is
offered to be proven that immediately when he
had his title, ne did diligence and ejected such
ipersones oondescendit upon in the lybell, al-
leadged to be rebells as were tennents, at least
MCted their families, as appears by a precept
far ejecting and ane instrument of ejection
taken thereupon.
3. And lykewayes teparatimj it is offered to
be proven tnat the pertones lybelled wer so far
firom being notourliek nowen or repute rebells,
as on the contrarie they did openlie i|nd pnb-
lictUe converse with all their neighbours in the
coilntrey,and went about their affairs, and were
never challenged nor troubled by any of his
majestie's forces who were quartered in and
about that place, nor by the donaiors nor others
who had commission to intromitt with rebells
goods, so that they were never looked upon as
Mottoriotts rebells ; and it ia a principle in law
that ' receptam banitum toleratum va civitate
* Donteneuirad penam.'Marcill. etPract.Cnm,
ff. a^lgredior num. 28, especiallie * quando talis
* patientia et tolerantia fuerit pnblice et palam,'
and several of the persones did keep public
chaoses, w her all persons wer in use to resort
and Keep company with the souldiers and
others ot his majesties forces when the past
and repast that way, so that the said persons
not being looked upon as notorious rebells, all
the country people and others about the con-
versing with them can never inter any cryme
against the defender, much less the crime of
treason, and if this were sustained then all the
yeraons in the country about that conversed
with tiiem, and particularUe those of his ma-
Leslie's ibroes, should by the same reason be
guilty of treason. And *■ qutelibet causa etiam
« injusta quelibct credutitas etiam fatua ezcusat
* a dolo presumpto et psena,* 25, (>, ff. De he-
ro u IX.
' reditatis,*petitione et non puto hunc esse pra-
' donem qui dolo caret qoamvis injureret,' aad if
need beis it is positivelie offered to be proves
that the persona mentioned in the libel were not
repute notorious rebeHs in the country whera
they lived, at least at Edinburgh where the de«
fender had his residence, which is sufficient -to
pur^ any cryme in the defender by his re-
cepUng, aiding or conversing with the said per-
sons, which is clear from the lawyers upon the
common law and lawyers upon that subject, aa
appeans, by Andreas Gaill, num. 1, et 24. As
also frpm our law, quon. attach, cap. ft^, num«
5, et cap. 75, num. 4. ' si autem rexappellet de
* aliqna injuria ap))e11atus purgavit se versus
< regem per sacramentnm duodecem legaliuro
' hominum ;' which is sufficient ttf take off pre-
sumption of his knowlege, that he did converse
with known not our reMIs^ and the Lords of
Justiciary's Interlocutor is humblie craved upon
all these poynts separatim.
His Maje$tie^s Advocate oppons the several ^
indytments, being all a tract ^ofrecepting, cor^
responding and converse, and which is as fe-
cial! as the nature of the thing will allow ; for
as to his own tennents, it is lybeHed that tliey
remaned upon the land, and as to those that
he corresponded with, it is lybeUed that at se-
verall tvmes he employed tliem to sell his
goods, Sec, and as to the conversing with those
who took away the cannon and cannoneir, the
fact was so open and notour, that it being ddne
in the verie town where he had the alwolute
power himself and ordinai'ilie resided, and the
fact bein^ so remarkable, it was impossible
that any bodie could nut know it. Bat as to
all these, the former interloquitor sustaining
the lybell is opponed, and though something
may be said why a particular day and hour
should be condescendei on, where the doing of
what the pannall is accused for is lawfuU at
some ^mes or hours, yet wher it is all tynies
unlawful! /as to this case, the lybell neyther
neids nor can be more speciall.
As to Blackwood's diligence in putting them
off his ground, it is answered, that whemer he
put them off hb ground for accession to the
rebellion or not; if he did put them off for ac-
cession to the rebellion, instruments is taken
upon his alleadgence, and the Act pf Parlia-
ment is expressUe opponedi 144 Act, 13 Par.
Ja. 6, whereby all persones are ordained to
apprehend rebells and brii^g them to justice^
Lvke as in tliis particular case, all heritors and
others his majestie's good subjects were com-
manded to do so by open ]>rociamation, and if
they were put off the ground for that cause, it
cannot found a defence ; and it would be a veria
strange thing, if a man sliould know a rebdl
upon his ground find should not acquaint tha
government ofnt, the acts of parliament and
interest of the nation being so clear as to thia
poynt, and it were ane easie thing to make up
pnvale dUigenoe in that case where men may
procure private instruments and make up ejec •
tions in ibeir own court| but tha iuUtrloqiiittjr
3X
1045] STATE TRIALS, 35 Cuablbs IL iSHS.-^Trialqf Imark #r Rtr, [lOii
of tke enmn^ m oppone^, hearing ht tlMwld'
have dene diligence lo approhcad or adfortise
the govornmenli thai they ^^igbt be appre-
hend, and hia nn^lealie'a advocate takes in-
atruineuts upon their founding upon this^ in*
terloqiiitor, and craves it may be admitted and
wpeated * in toto et non in parte.*
Aa to their being habite apd repute persona,
innocent and ottiers having conrersed with
them. It is answered* that the ieterloctttor
having' aireadie found that it is treason to oob-
worse with pectons denunccd fugitive foe trea-
<on, or (upaa and notorious rebelfe» the opinion
of some of their nsighboiics, especially in a
shyre so guiltie, whick was of itself the heat
and fomenter of the warr, their opinion is pot
to be considered, for it sbewes theu* guilt, bnt
not Blackivood'a innocence ; anda^rperadns
are actualhe denunced iusilives, nothing can be
rdevant but actusU apprehending of them con-
form to the act' of parliament, that beinflc by
the act of parliament declared to be the oTutie
of everie subfecft. The connivance of the king^s
officers or servants, or their net doetn|[ diDi*
gence cannot excuse a master keeping hie own
tenants on his own ground, for tney being out
transiiftitly in the coimtcey, and strangers are
not obliged to know; and there is a great dif-
ference betwixt them and masters and people
eonstaotlie living upon the place, espeeialty
when ther were evil principled asen enough in
the country to teU the sojors thev were honest
mrn, and to hyde them fress the sojoss as is
here lybeUed against Blackwood. As to the
case of comnuigation, it is new obsolet with
ufif, and they oebooved to be die oomputgation
of honest men who had done dilllgenoe. But
all that ean be said therefor eorapurgation or
habit, and repute, is only in duhwy hot not
where ther is either denunciation which is
prohalio pix)btUaj and against which no pro-
nation can be led, or vrheve a nrobation of the
notorietie founded upon sncix extraordinary
/ circumstance as are lybeUed, is positivelie
offered' to be pn^ven.
Sir George Lockkari duplys, That the pan-
nd's pi-oearators adheres to these poynts of
the defence relating to the iuformalttie of the
lybdl as being in genetal terms, and to the tex
of law^and aothocities cited for that effect, and
as to the distinctioik noade betwixt cr^es that
are onkwed at all times, and to which ther is
no neoessitie of any special oondescendton tp
be made. It is without all ground, and con-
trair to the express words of the law, cited
where cry mi* stated is the cr3rme of adultrie;
and where the fiirm of the lyhcH is set down,
thsA it behooved to be committ'^i ' doroo illius
* mense illo,' and the rest of the special cir-
cttiiistances lybelUt upon that importent mle
in law, that < non licet vagare hi crim2nal9>us,'
«nd that the pannel may not be pr^dged of
tboir jnst and relevant dmnoos.
As to tbatpoynt, that the paaoel'ideeiiig dr*
Vigence forfemomg the pewons condescended
«pei|aaTebeUB.offbia'hMlk It is nest jtist^
net at all elided hy the reply, and it is not
indeed intelligabie to what ngbt this ahil
ninne, if the qualificatioas of recept lybellit
shell be so for sustained, as that oeitiier beritsr
nor much less tutor, shall be exonered ii]mmi
doeing of diligence to remove persones i^
are suapea «f aocessioo te the rd^eUion, sr
bruited to be such of their Isads, pmat hentnv
not being in a capacilie toaeaae and mskeniai
prisoners* whieh is the duty of pnfaliet jodga
and magistrates iwon the place, and of hisiBS*
jestie's officers ana seuldiers in the frst phea
Lyke as the interie^uitor of the lords of privy
coiUMill U expresshe opponed, and as ts dnft
nretenee that it was the doty of the paaasl ta*
nave made intimation and discoverie of wtA
persones to the govemmeDt. It is answered,
nrimOf That if the qualifications of the Ivbdl
be true, thateither the persones were decani
fugitives or notoriousbe knowen to be rehdh^
th^ qualifications, both were and on^ ts
have been knowep to the judges and pvUiot
magistrates, as much as to private persoan, m
as there was na neoossdty of intimatioa sr dik
OQverie.
9. The pannatt's intenting of a persnte b^
fore the judge ordinar for removing the suih
persones wa^ a snfiicient intimation, and the
pannall's neids not forder insist upop this poysl,
out oppons his dilk^enoe founded upon aww-
rand and decreet of removing^, and ane ^ediia
against att whom he susoeoted to be gaiky if
any accession, and whtc» is feood rslevsnl ky
the locds ef privy 'oouacilL
S. As to that poynt of the lybell, at A»
least that they were commonly holdeo sad re-
pute to be notorious rebdb, the fonnid dcftetf
IS repeated and opponed, by whidi it iaofcni
to be proven, mat the persons eondcsceaM
upon in the lybdi were so far from b^sagu^
torious rebells, that they did for severaBycsif
converse puUidie and openlie at kirk nd
market vridi hia majestie's officers and sokKcn^
and otliere, and were never qoestioneU or tna-
bled, and in the opinion of all lawyeis that ever
were extant, or did write'upen ' Crimins Ns-
torie,' it roost be such^ and the nottoricty of il
so apparent, as *• null tergevevsatiooe ediii
* potest,' as being oemmitt^ ' coram pofMb^'
and which firom the notorietie of the net itnlf
requires no probation ; and as to that esodksl
criminalist, Jul. Chur^ Has it, quest 9. ItisMt
sufficient, that the foot whereupon the txjwt
was subsumed, was * Nottor nisi etiani art
* notorij qoalitates ipsuit factiy vi2. Qood adh
' defensio vel excusatio,' compel,' wbieh isiS' '
possible to be applyed to the case of tbe^ pv*
sons condescended upon in the lybdl, ia le-
gard of the foresaid defeocey which is offssi
to be proven. And also Miatb. in bis tide 9*
Pft)bs^nibu8i be furder requires that to nikt
out any notorious cryme, it shoold be A
reccn/t, and committedf in the plaee whcr iso-
ther Uves, and had his residence upon the luM
of Blaokweod, where some of the persons If-
belUt are condescended upon« to be teossti:
bntiiad his dM^eUing tM^ roadenoQ- at £^
1 W53 SrftlTE 11ttALS» 55 Ch Alttfcs 11. r6te.**ybf fl%* trtiRA;h. [ 1 046
Iwuvb, ttnd to ti%oni it eotild not be voioHous
tnd erident ^i!^ the peiMtis lybelM wete
Mlty or ttsoessorie 0f the rebfelnon, and far
Ttm ftoLt ther wbm * NaiU dieftnftiif nulla &x-
««iilpatfo,' contiHfteiit {n regard of his ma-
Jertie*s gpracious tndeifiDitie, aflowing those
who were not heritors the benefit of the bond,
which howerer it cannot defend the persons
ffnilty ; yet aopording to the opioion of the
towjera atdd, it takes off the qaatitie of the
tiolonety of the eryme, so lis the pannel
cannot oe ovenaken upon that ground, and
Hie peraones condescended on and labelled,
considered as notoriouslie guUtie so as to make
converse, and the other aualificatioos lybelled
import against the pannafl, that he is guilty of
the cry me of treasone.
Interloquitor,
The Lords having considered the wholl ad->
ditionall debates, they in respect of the iybell
and reply, r^lls the defence anent the gene^
ithlity of the Iybell ; as also the defence founded
upon the paonall's doing diligence and non*
irendence upon the lands of Blackwood, and
repelki the defence anent the notcHriede, and
aoneves to their former interloquitor, and re*
mits the lybells to the knowledge of ane in-
Farder Debate.
Sir Patrick Hume, tor the pannel^ alleadges,
Tint he cannot pass to the knowledge of ane
assysse in sua far as it is lybellit that the pan-
nan aided, assisted, &c. the persons mentioned
in the lybeH ; first as to John Rae, elder, it is
cflWd to be proven, that be being prisoner in
the Tofbohh of the Cacnongate, he was discast
upon taking of the bond. As to John Rae,
^roimger, he is not a tenent, and the defender
never conversed with him, and also he being
«|lprebended and brought to Edinbnrgh, he
and Thomas AHim, another of the pehsones.
mentioned in the lybeH being consious to them-
selves of their own znnooenoe of being at Both-
well bridge, or having any accession to the
vebeUhm, basgiven in a petition to his majestie's
pinrt oonnci^^ craviiuf that he may be put to
tryan, as appeirs by the .jjethion ]>iOduced, and
m finder testmionie of their loyaltie and affec-
tion to the king and government, that they
, never eniertained an^ rebefiions principles.
They ore not only witling to take the bond, but
if thgr should be reqnyro), they are lykewayes
to take the jtest. And as to tiie said Thomas
Allan, he keeped a pnblid[ taveme wher all
pBHwnes resorted ; as also it is ofiieTed to' be
pnovett, that he was at home thetyme of Both-
WlA biic^. And «s to the finst additional! I;^-
bdt bearmg that the defender did commis-
nfooat, anthorite, impower and give orders to
Jnmet defiknd lybdlit and .Htmes WOsone
who are aJso diedged to be known r^lls, and
to have taken away the two cannons and seve-
imll horses bdonging to the marqnis of Douff-
las, and ane hone belonging to the defen£r
«nd whieh ate aBeadged to be employed in,
«nd flttdcrnw of in tro rebdlkNiy aiWayes de-
nying the same in sna fiir as ft Is lybellit thdt the
defender did continne with the saids persones,
it is not relevant, seeing to conniie, ' uoraen
est nomen juriSj'unless the defender ha<l actaailie
given command or warrand to thera for thai
effect, and to show how groundless this pre-
tence is, it is offered to be proven that the de-
fender came from his son's house of Blackwood,
and upon the 3d of June, 1G79, came to the
castle of Douglas, and waited upon the mari]iu$
to Edinburgh upouthedd of June, and carried
alongstvnth him ail his horses except a young
black gelding thkt was going, in the park,
which the marquis had bought fi*om the defen-
der at Martinmas before, and so fer was be (Vom
conniving with the rebells that least they
should have gotten his sone'^ horses who waft
then lying sick, he did bring them likeways
along with them to Edidbuigh, and lent one
of them to the earl of Eglinton to goealongst
with hjs majestie's forces ; and the defender
did stay himself with the marquis at Edinburgh
all the time until! the r^>ells were defate at
Botbwellbridge, neither did the defender ever
see or converse with the said James Wil^n
tin October 1681, that he was invited to his
father's burial], wher he did see him witli a
number of other persons who were at the bu-
riall performing that act of charitie, ^so that
the defender was no more guiltie of conversing,
with him than all the other persons that were
present at the buriall ; and albeit it could be
made appear that the cannon wer carry cd away
from the castle of Douglas, yet it cannot be
made appear that it was done by the said Cleil-
land or Wilson, at least they had no order nor
warrand from the defender for that effect, and
as to James Cleilland the defender could not
converse with him, because it is positivetie ot%
fered to be proven that he waskilled four days
before Botnweltbridge, and the black horse
that was taken out of the park of Douglas was
•ahorse belonffinfftbthemarouis, and not to the
defender, ana aner he was brougiU back by a
partieof the rebells to Lessmahago, be was
taken in custodieby some of the mar<]uis's ser-
vants, and being snot in the counter he died^
but the defender nevermeddled with the horse
^ce December 1678, that he sold him to the
(narquis. And as to James Wilson, It is offered
Ho be proven that he was a conunon drover and
M buy and sell since that time in miblict iUirs
and mercats, at the west port of Edinburgh,
House of Muir and other fiurs and mercats,
and at no tyme the defender or his .servants
bought or sold with him, and he is not in a Por-
teous Roll nor declared fogitire. As also as a
fkrder evidence that the said James Wilson waa
not guiltie of, nor had accession to the said
rebellion, he bein^ apprehended here at Edin-
burgh, and examined be his inajestie*s advo-
cate, be was discust as not beinff guiltie, and
which was done since the defender was impri-
8on«l; and whereas it is alledged that the'
saids peivons who are alledged to have been
rebells after die defeat at Botlhwellbriilge, did
repair bade to &e town ^ Dongfas, the d€lie|[«
1047] STATE TRIALS, 35 Charles IL le^S.-^Trial •/ Lowrit m- Weir, \ 1041
der being bailzie, chainherlaiie, or trustee to
the niarr|tils» did so far countenance and con-
▼ei'se with the saide pereons, that they being
challenged by soin&of the town of Douglas as
dislovall persons, he was so far from appre-
hending or punishing of them that he threat-
ened to puiiisn the pei*sons who challenged them .
It is answered that the alledgeance is both
groundless and irrelerant, because, as to James
Cleiliand, he could not come back, being killed
before B(»t(iwellbrid^e, and w% to James Wil-
son, he never sawe nim till October 1681, at
his father's bunall ; and the defender had no
power to apprehend any person, for^it is offered
to be proven that the towi^ of Douglas has two
bailzies elected by themselves, and David Weir
is the marauis barren bailzie, and Samuel
Douglas is hischamberlane; and all the trust
the defender had in the marquis affairs since
the year 1679, was only to receive and take in
the chamherlane's accoropts, so that he not
having any char^, nor ofl[ice,.nor jurisdiction
under the marquis, it was not in his power nor
incumbent to him to apprehend or present any
cf the persons to justice that were suspeCt to
be accessorte to the rebellion. As to the 2d
additional lybell, whereas it is alledged that the
defender diq receipt and mnintaine James Wil •
sone within the house of Blackwood, that he
gave him commission to sell his nolt and sheep.
The former answer is opponed ; and whereas
it is alledged that he sold him goods in Octo-
ber last in Skirline fair; itjs offered to be
proven the defender at that time was in Eng-
land both the months of August and Septeml]|er,
and the defender could not recept him in the
house of Blackwood, since he had no interest
in the house nor residence there.
And as to Alexander Gilkerson the same, de-
fence is repetcd, that he publictlie went to kirk
and mercat and publictlie conversed with all
the countrey people, and is n6t in the Porteous
Roll, but lias been the marquis tenant above
thir 12 years, by paste, and seeing it is known
and most justlie acknowledged l>y the lybell
that the marquis is a person of untamted
iionour and loyaltie, and if his roajestie's most
honourable privy councill'did not only converse
with the said Alexander' Gilkerson but set him
a tack of his lands, it could be no cryme in the
defender lykewayes to converse withiiim. And
as to Adam Thomson, he is lykewayes a
publict merchant who ordinarly goes to pubUct
fairs and mcrcats, and wheresu it is alledged
that when Claver house and captain Inglis
t roups w'ere io the countrey to search for re-
hells, tlie defender did secure the said Adam
Thomson in the castle of Douglas untill they
were away, it is most groundless, for the de-
fender dwelliuo;- at Edinburgh, it is offered to
be proven that ne was at Edinburgh the tyme
these troups were at Douglas.
And as to Matthew lueyming, th/e former
answera are lykewaya opponed^ that he went
publielie to kirk and marcat, and it is deneyed
thai be bad any pension from the marques,
aiooa the jcar 1670', and whatever persones
the marqoes is plcasad to eutcrtaioe in hik ser-
vice or on bb ground, that can never infi»roe a
cryme against the defender. And as to James
Lawrie, whereas it is alleadged, that the de*
fender did not only oorrespond and interoomen
with him, but caused bim aitt as clerk in tba
Qiarques^s court, and did so larr impose opon
the marques as to procure him his iriendsbip ;
It is answered, that it is strange tbe marmtei,
being a person of so great honor and undoabced
loyaltie, that it should be so much as imagined
tluLt he could be so farr influenced or imposed
upon as that be could be induced lo entertain
any persone, or make him clerk of bis coart,
that was knowen to have accession to the re-
bellion ; so that if it were no more but this
alone, that it consisted with the marqoes know-
ledge, that the said Adam Thomson or any
other of tbe persones before mentioiied, did
publictlie converse with the people and coun-
trey of Douglas round about, or that the mar-
oues did inoploy them in his service, is a stif-
ncient vindication to tbe defender, that it coaM
be no cryme in him to converse with the said
persones, and the defender is not opooerBed
whom the marquis imploy to be derk of bis
court, seeing he had no charge nor jurisdiction
under tlie marqoes, since the year 1^77; Da-
vid Weir being barren bailzie since that dme.
As also it is ottered to be proven, that the said
James Lowrie since the rebellion at BotfaweD-
bridge, did publictlie execute the office of pro-
curator fisoedl before the sheriff court of La-
nerk ; and thei^for seeing the sbenff did take
no notice nor apprehend nim as having aoces-
sipn to the rebellion: If they did sufl^ bim
publictlie to converse and appear belbr their
courts, it can never be imputed as a cryme to
tlie defender to converse with biro ; and if socb
pretences were sustained, no man would be se-
cure. And as to John Cochran it is offered to
be proven that he did take the bond and is in*
sert in tlie counciUs roll of those who took tbe
same. As also he did obtane a certificate under
the hands of generall major Monro, wbo was
then generall of bis majesty's forces, allowing
him to rettirn home. And as to Robert Fley-
ning, he is not a tenent: As also be is not in
the Porteous Roll of those wbo are declared fu-
gitives.
His majestie's advocat takes instruments
upon production of the tutorie in favours of the
paanail, dated 9 July, 1681. .
His MajestieU Advocate replyes. That as Is
John Rae elder, and BUckwood's other tea-
nents, ther having given in petitions to tbe privy
counoell, no respect can be bad to them, since
there is no dely verance upon tbe bills ; and tho
tbe councell had acceptra of ^eir bills afler
Blaokwood's intertaining of them, their accept-
ance cannot be drawn back so as to defend
Blackwood as to what he did before the ooun-
cell's allowance.
As to all the defences, founded on the seve-
rall persones their beingf at kirk and merest,
and keeping a public cEaoge and conversing
.iOi9] STATE TRIALS, 35 Chablbs IL i685.— /or H%k Tre^idn* [1050
with the foms* il is aaswwed, that iD tins IB ftl-
readie propooed and repelled, and it is rather
iane aggravatioii of' Blackwood's goilt* for thejr
seeing Blackwood cntertaine them upon his
land conslantljr and openly, and imployinff them
AS bis factoi' ; did encourage extreamUe the
rest of the oountrey who were less judidus,
,and no such reasone to be informed, and if this
were albwed, the worst countreys should be in
the befd condition ; and the bemg debauched
universdlie in their principles should make
^bem kbgs, and put them in a condition to give
remissions. As to WiWon's being let pass, by
his n);*jesity's advocate and solicitor, it is an-
swered, that they could not t&ke notice of hi&
being in the rHiellion, but only of his being a
witness, for which they took a bond for bis ap-
pearance with a cautioner, nor is hLs majestie's
advocate of any e!se lyable, except fk had re-
ee|>t him, which is the cryme here lybellit.
And as to the other defences proponed tliey are
•contrare to the lybell, and to the interloquitor
•Iready g^ven ; and so ought to be repelled. As
to Cochrane*s taking the bond, the same is re-
levant, and his mi^esty's advocate passes from
that part of the lybell.
•* Interloquitor.
The lords having considered the debate,
finds the dittay relevant as to John Rae elder,
sn being upon Blackwood's lands, and convers-
ing with Dim prior to the taking of the bond
and certificate produced, dated the third Novem-
her, 1680, and sustains the defence, since the
taking of the bond, to elid the dittay. As to
John Cochran, the lords sustaine tbe defence to
did the dittay.
As to James Willson, repells the defence pro-
poned for him in respect of the other circum-
stances I vbelled. As to Alexander Gilkerson,
Adam Tnomson, Mahhew Fleyming, James
liowrie, and Robert Fleyming, repells tlie haill
defences proponed for them m respect of the
lybell, and repells the haill other defences pro-
poned for the pan nail.
Intran. William Lowrie of Blackwood, in-
dyted and accused for harbouring, recepting,
and corresponding with rebells, in manner men •
tinned in his dittay.
William Lowrie of Blackwood, being re-
quyred before probation, to declare whether or
«ot he was guiltie of they crymes lybellit, de*
•Clares, that as to the probation, he comes in the
Jting's will. Sic suiscribitur.
Will. Lawrie.
The Probation,
' His majesty's advocate for probadon, con-
forme to the iords interloquitor, adduced the
Porteous Roll and books of adjournal], bearing
that John Rae elder, in Blackwood, John Rae
his sone, James Wiisone in Town head of
JDoufflas, Adam Thomson in Marrigill and
Matthew Fleyming in Douglas, were dechired
Itigitives, denunceil rebell^ and put to the
liortte for rebellion ; and that James Lowrie
was in the robeilion, prodoned the books ol ad«
joumall bearing, that upon the 31st of March,
1680, he was persewed befor the justices, for ■
rebdlion, found guiltie by ane assyse, and for*
fauH and ordained to be execute to the death
For the same.'
Thomas Pott in Woodhead, aged twenty- four
yearf, or thereby, unmarriM, puived and
sworn; depona. That he knows John Rae,
elder and younger, Thomas Allan and Robert
Fleyming, were tennants and residenteis in
and upon the lands of Blackwood, before and
after Botbweilbridge, and ay and whill they
were brought prisoners to Edinburgh in MarcB
last. And that John Rae younger, stayed io
house with his father and VVillam Lowrie oi*
Blackwood, came severell tymes to the saids
lands, and had a family there : And that bis
servants and daughters dwelt there ; and that
he saw John Rae elder with the rebells at Ha^
roilton. And this is the truth as he shall an-
swev to God. Depons, That he never knew
Blackwood to stay one night on his lands of
Blackwood since the rebellion.
Sic subacribitur^ Thomas Pott.
»
George Mair in Lesmahago, aged 34 years,
married, purged, and swome; depons. That by
jeport of the conntrey, John Rae elder and
younger, James Wiisone and Clelland war in
the rd>ellion, and the two Raes li\ed on tlis
lands of Blackwood, and Blackwood bad
daughters and servants there, and heard that
courts were keept, and that Blackwood came
some tymes to these lands and stayed all, night
with his daughter-in-law and servants. And
this is the truth as he shall answer to God.
Sic subKribitur^ , George Maib.
Thouuu Tayfferm Rogerfaill,'aged 63 yeara,
married, purged, and swome ; depons, 'llaat be
report of^ the conntrey, John Rae elder and
younger wer in the rebellion^ and that thc^
were tennants and residenters on tbe lands of
Blackwood till Mertimass last or thereby, and
that Thomas Allan and Robert Fleyming wevt
tennaats there, and repute to have been in the
rebelUon. And this is the truth, as he shall
answier to God.
^ Sic subicribitur Perth I. P. D.
John Rae^ smith, in Blackwood, aged sixtie
yeairs, purged, swome; depones, he has lived
constantlie on the binds or Blackwood, since
Botbweilbridge, and pays ane hundred pounds
of rent, and payed ane nundreth pounds before
Mertinmass last, and that his sone John Rae
younger stayed in the house wKh him since
the rniellion, depones, Thomas Allan, Robert
Fleming, Uvea allwayes on the lands of
BhJckwood since the rebellion, till this tyme,
and that he saw them in company with the
rebells at Hamiltoune; depones, Blackwood's
daughters and servants lived on the lands of
Woodhead and Blackwood, and that Black-
wood came aemetymes there to hold courts,
and that he sawe Thomas Allan, and Robert
Fleming at the courts, when Blackwood
1051] STATE imiAlM, S5 CflARtiEs'U. l6kS.r-7fYirf tfLowrie or ^ar. [mt
I
kpcpin^ couVto there, ttiA lUs is ^b^ tratk at m
rfiail «ii0wer to God*
Sic tubterihitur, ' Sfmn Rab.
Jama SomeroaiU^ Httith in Dougla*. aged
86 years, married, purged and swume, aeponsi
be sawe James Cledlaod, Matthew Fle^raing,
James Whyte, and Adam Thomson with the
^rtie, tiiat took away the cannon from Dmig-
}», and they look away a black her^e, per*
Gaining to' Blackwood, and heard Cleiliand
when be got upon the horse say, that Black-
wood knew wdf enough how to oe paid of the
liorse ; and that the report of the country was,
that Blackwood havmg got a piece of land
Irom James Cleilland's iaSier, &6pryce of the
horse was to he allowed in the first end of the
iryce of the land. Further depones, that be
jeard Adam Thomson say. That when Clater-
house and captain Inghs tronps, or commandit
parties went, that the panneH gairc him war-
rand, to goe into Douglas Castle, and hare
his dyet tbere the while lie stayed, for his se-
curity till the parties were gone, and that he
.heard him bragging of it when he was drink-
ing. But being interrogate if he was drunk,
be said no, and this is uie truth, as he shall
answer to God.— iSic. Suh.
James Somervaiix.
John Af»i/0r,8errantto the marauis of Doug-
las, depones. That be report of the countrey,
James Wilsoiie was in the rebellion, and, that
more nor a twelTe naontli aflerhesawe the
panoel, and James Wilsone conversing to-
gether, beside the Castle of Douglas: And
this is the truth, as he diall answer to God.—
Sic, Sub. JOHM MnJLES.
Archibald M'Lellan; cook in Douglas,
aged 50 years, married, mirged and awome,
depons. That be report or \ht comitry, Jamas
Wilsone, Adam Thomson, and Matthew Flem-
ing we\e in the- RebeHion, and that Wilsone
and Thomson were eertainhe there, depons,
that sinoe the Rebelhon within thir two yean,
Ke saw James CleiUand and the pannd waUc-
iag and spoddng tegelher, in the town of
Doughs, and severall tymcs he has aeen
Matthew Fleming and Blackwood spyak to-
gether in Dongisa, and this is the Imilh, as he
shall SASWor to €U>d. — Sie, Sub,
ARCHIBALD M'LeLLAN.
If astsr Mn Anienotif servant to tbe mar-
^ttia oi' Douglas, i^ed twenty eight years» un-
Bsarryed* purged and sorome^ depones, he
knows James Wilsone, and of late he has
hflsird he was in the Bebellion» and that he saw
bim converse with Blafikwood two severall
^aies,.once in the castk of Dousdas,. about
jlartiaiMS last, ddiateine anent rengeon^ and
another tyma in Hbe Tolbaitb of Eiinhorgh,.
where ha saw'hin^ gpe into Blackwood's loome
since i^hMk wood was in prison, and did not hear
whattheywakO) andthia is tiie troth, aahe shall!
answer to Giod.— iSis. Suk J. Ajidbbsom.
SamneiDougkLt^fBt^Mft^ aged thrdlie
years, manyed , pnigad ana swoma^ d^nnoy
tbat amoe DOtnwdnyntfge ua MS sesB the sm-
nd si the house of iBhtckwood, whte fail
daognteia and servants were mere, nepoacs, 06
sawe the pannri and James WUsone twice con*
verse together sinoe the RebdHoa,' once at ths
fKte of Douglas, and anotiier tvme in the
Mbuiih of Edinburg, since BlacKwood's im*
prisonment. Depones, he has seen Alemukr
Oilkersone converse with Bladkwood« both is
Douglas and Edinburgh, depones he has sees
him severall tymes speaking with Hatdieir
Fleyming, as he did with other persons of hb
ranke. Depones, be has seen Blackwood cm*
verse with Jhmes Lowrie a year andaqutrter
since or thereby, but cannot be possttiTe of the
tyme, and this is the truth, as be shall answer
to God.-^^c. Sub. Sa. Dougus.
Daaoii*^ Weir^ Bailly in Dougfaw, agedfj^Ait
six, married, punned and sworae, depoMi,
James Cleiliand, Ai&a Thomsone and Matthca
Fleyming were in company widi the rekeUs
that took away the cannon from Douelsi, and
hes seen Blackwood converse with Asaodff
Gilkereone in the towne of Douglas, and lyhh
wayes with Matthew Fleyming and Jamet
Wilson since the Kebellion, and sawe him
lykewy es converse with James Lowrie, derk of
Doogias, severtdi tymes since tboRebcHioot
since which tyme be hes lykewayes aets4 H
clerk, uDtil\ he was dedared rebell. And that
be knew no other write any tacks or ths If hs
since the rdiellion till lno was declared reseB,
and this is the troth, as he aball answer to Ged.
^Sic. Sub. Da. Web.
James Tkomionj servant to the manposof
Douglas, agedk twenty four years, nnmanyd*
purged and sworae, depones, ho hasseeo Jsoms
Wilsone severall tymes, con versing with Bhdse*
wood at Douglas since the Rebellion, sod hli
lykev^ys seen Alexander Gitkeisone, Adas
Thomson, and Matthew Fleyming eonfenn
with Blackwood sevfrall tymes since the B6-
bellipo. Dmons, he has seen Blackwood sftn
converse with JamesXiOWii& derk of JDoughSi
and that he employed him to rwritetackSitf-
Sedatians and otner writes^ and that be onhied
Matthew Fleynung ordinar allowance of mh
to be given Imu in summer last, and wwe has
receive it; and this is the truth, as he shall ta-
swer to 6od.— Sic. Smb. Jabcs Tbomsor.
^Htioa I»j[/w» officer in Douglas^agc' 4S
years, marryed, purged and swornt. Depost,
that at the talcing of the cannon, there was JssiQi
CleiUand, James Wilsone, Adam Thomson, and
Matthew with the rebdls that were then in arms,
and Blackwood and James Lowrie have fie-
quentlie conversed together since the lebeOioD,
and that Blackwood imployed ban. to 1*^
tadui^and dischar|^ a year and a half anv
the Rebellion, aa he had done befive, and dtfi
he ooDtiniied dark as be had done beAtfs ; ^
this is tho truth, as he shall answer to God.-
Sic Sub. Nwuii IiiflW.
JiAn (MMn ia Rochetds^ aged HMtf^
year , marryed, pwged anl twfa»» *••
8
Ibd» tiM pwMl WiDiMi Lomw
htrUwiBg, ttid CMveniiMr with
RdMb Md fngilhrM proveitly tiftdepoHli<
•f tiM witneMes,and also findi hj hia judieMQ
safawMMiD aa to the probaliao, that ha eosMa
in tha kiag's will.— iSic. SuL Jju MuRBav.
Dacwi.
Miar opaning and raadjag' of tbawfailkf«r«>
dial of aaaysa, the knrd8')i]iio& gaoerall, jtm^
tice cMca and commiaBoaeni of jaatici|»ii^
in iwpaei thereof, be Um BMutb ef ~
Jahnatonn^ daaiMlar of teurt, dammed aad
XC^] STAT& TRIALS, 36 CHA&LBi IL 1684.— TridI of Mm. Hampim. [1004
Y^am, kawM attba Hwhal1ia«, kiltQakete
iMnid tymeouatie, and that the deponent biaif
self and the two Rayes lired on Blackwood's
laiHla aiiiee the ReheHion, ainee they were
brought in praanem m Btach kat^and thai
Bohert Fleywdng Kred that lykewiyea» and
tfaia ia the tratii aa he shaft anawer to God^ de*
Pumi,J. P.'D.
The Lords ordaines the assyse to incloae, and
teturne their Tenfict to-raonow at twelre
o^ckick^
CuBU Ju8ncuaii» S. D. N. B«;k tenta in pie-
torio .burn de Edinborgh, septimo (fie
mensiSy February 1683, per nobilem et
potentem Comitem Jacc4»uni Comitem de
PerthJnsdciArium Generalem, Ridiardum
dominum de Makland, Clericum et honora-
bilea Tiros Robertam dominum de Nairn,
dominos Jaoobum FooHs de Collingtoun,
Davideaii Balfoiir, Rogerum Hog de Har-
earss, et Alezandrum Sexton de Pitmed-
- den, Commissionariea Justiciani» diet. S.
D. N. Refria,
Chiria legitirae affinwati>
VerdUt.
The as^ae all in one vcn^ hy mou^ of
JaaMS JMomyof Skvline, tliar CTfaBBwettoar,
a4|iidged the aaid WiUtaaa^Lowria, To be tahett
tothefliareatcraaa of EdiidMirgh^ open Wed-
nesday the bat of Fehroary 0Mtant» hetwiit
two and fiiur oHdaok in the afleroaoBy md
there ta hnYe hb head ntycvad ftem Ua body,
and h k nanae, meaarie and haMra to be eitinef^
and hia arma ta be nvm forth and datale out
of the hooka ef aamea, sua that hia paMsfitie
may na^ar baive pbce, nor be heveAer bmik or
joyae any honota, ofiicea or dignitias wiihia thia
reahn in tymeeaaaing, and to bare ierfinilt
oraittad and tent all aaid snndrie hia laad^
heritaj(aa, tenementa aad renta^ ofieea^ titles^
dignities, tadv, staadkigs, raomea, paawssHNV
goodsand gear whatsomerar p^rtaimBg te-him,
to our soveraigae load ta ranatne perpetoalie
with bis hig^hnaaa m prepertie -^Wfaidi ww
prowmnced te Doom.
•w^
^pafBonofs wieke4 Mid, and of an iaiai—iL
«iiD^aic4, andtniMantdHpoaitioo, and
* ttinngv praatisiBg, and fatrir, uniawfaMy,
* justly, mahdaUslfy, twhuMDtly, aad aedl-
* ditiounly indcndiag the paaoe of eur sovereign
*' lord- hing Gharleatbat Bowis> and the eom-
502. The Trial* of John Hamfdew,! esq. at the KingVBfench, for
a High Misdemeanor: S6 CaA.RL£s IL ^.i>. 1684.
John Hanbden, esi}. being branglit tip by
Writ of Habeaa Corpus, fronr the Tower of
liOnden, en the 98th of Norember 1683, and
there being an Indiotment preferred againat
him for AfSdem^nor, hia majesty's Attorney-
Genend prayed, that he misfht be arraigned
npon it, which wtis done in this manner.
€/. of Cr. <John ]^mbdeo, You stand
* here indicted by the nane of Jehn Hambden,
*late of the parish of St. Oileain the (Idds, in
* the coimty of Middlesex, ^f&oi. ibr that yew
^ bemg a peniieieus and seditious man, and a
* Fmm a pamphlet entitled, << The Trial
aad Conviction et John IJambden, ese. npen
an Indiotment of High Misdemeanor, lor coi^
tnviog^md practiaioff to disturb the peace of
eur sorereign lord the king, and stirring up
fladition in this kingdoos. Before the right
honouFable> sir George Jeffireya, knight and
baronet, lord chief justice of his migeaty'a
Court of King'a-benon, and the rest of the
MVerend jndgea of that Court, balden at
Weftmmster, the Gth day of February, 1683.'*
* I do appoint Bemammp Tooke ta print -the
* Tryal of John« Haasbden, ea^, and order,
^Tiwt no other person pieaumata prist the
f ** Hambden was now the only man of tlw
six that ym» left. Yet there waa nothing but
Howusd^a evidanoe agaiaat him> without ao
much aa any circumstanee to support it. So
sincetwo witnesses were nccessvy to traaaon,
wfaereaa one waa enou^ for a misdemeanor,
he waa indicted of a miademeanor, though thw
crime waa either treaaan or ndHbine. Jeroiea,
u[K»n Howard's erid^ce, charged the jury to-
bring him in^lty: otherwiae, he tela them,
they would diseredit aO diat had been dune
berore. So they brought him in ^nillT. And'
the Court act 40,000^ fine on him, the moat
cKtramgant fine that had erer been aet for a
miadenxanor in that Court. It amounted in-^
deed to ah iroprisomnent for life.'* Bumefs-
Systaryof hi8 0wnT!ane8,Tol. I.p.5y6. See'
in this CeUectiaQ his Trial fbr IVeason, Des.
aoth, 1685. See, too, what Burnet si^s of
him aa it is inaarted in the Introdoetian to tbv
THala fbr thoRye^Rousa Plotv p. 408, of this'
1055] STAT£> IHIALS SS Cbablbs II. ib%l.^Trial tfMm Hampien, [1056
mon traaqinUitv-ef tint Idngdom of England
to (fiBqiiiet, iDOleity^and lUiliirb, and, as mueh
ai ioyoa lay, sedition within thir kingdom
of England to incite, stir up, and procnre,
and the a^overnmoot of our said lord the king
in this kin^oni of England into danger to
bring : and that you the said John Hambden,
your most impious, wicked, and seditious in-
tentions aforesaid to fulfil and perfect, and
faring to effect, the last day of June, in the
,35th year of the reign of our said sovereign
lord the king that now is ; and divers other
days and times as well before as after, with
force, and arms, &c at the parish of* St
Giles in the Fields, in the county of Middle-
sex, nnl^iwlnlly, unjustly, maliciously, and
seditiously did asseihUe yourself, meet, con-
sult, conspire, and confederate with .divers
.evil*dispoaed suljects of our said lord. the
king to the jurors unknown, and with the said
persons did treat concerning your said most
wicked and seditious compassings, imagina-
tions, and purposes aforesaid, to be executed,
fulfilled, and brought to efl^ ; and further
that you the said John Hambden, your meet
wicked, impious, and seditious contrivances,
practices and intentions aforesaid to fulfil,
perfect, and reduce to effect, then and there,
vi2. the last day of June in the 36tb year
.aforesaid, and divers other days and times, as
well before as af\er, at the parish aforesaid,
in the county aforesaid, with force and arms,
&c falsly, unlawfully, unjustly, maliciously,
and seditiously did consult, consent, conspire
and confederate of an insurrection within this
kingdom of England to be made, and of
procuring and providinff arms and armed
men to be prepared in divers places within
this kin^om of England, your same most
wicked, impious and seditious intentions and
compassings aforesaid to fulfil and perfect,
and that you the said John Hamblen, your
most wicked, impious, and seditious inten-
tions aforesaid to f ulfiland perfect, and bring to
effect afterwards, viz. the last day of June,
in' the 35th year aforesaid, at the parish
aforesaid, in the county aforesaid, with force
and arms, ^c. faisly, unlawfully, unjustly,
•wickedly, maliciously, and seditiously, Jid
.consult, agree, and consent that a certain
person to the jurors aforesaid unknown,
4^ should be sent into Scotland to invite and
incite divers evil -disposed subjects of our said
lord tlie king, of his king^m of Scotland, to
come into this kingdom of Enerland to advise
and consult with you the said John Hambden,
and others the aforesaid evil-disposed subjects
of our said lord the kin^ in this kicgdom of
England, concerning aid and assistance to be
expected aud supplied out of the said king-
dom of Scotland, your said most wicked, im-
^ pious, and seditious intentions and compass-
' logs aforesaid to fulfil, effect, and {promote, in
mautfes{ contempt of the laws of this kingdom
of England, to tlie evil and most pernicious
* example of all others in the like case offead-
' ing, and against the peace of our said so-
\
' ir#reiint'kMid the king, his crown and
* nity.*'
CL ofCr, How^aayest thou, art thou guilty
of this high misdeoieanor whereof thou staadest
indicted, and hast been now arraigned,, or not
Guilty ?— Mr. Hampden: Not Gmlly.
* The Indictment in Latin is given in Tre-
maine's Pleas of the Crown,- p. S7, thus :
Rex versus Hamfden.
<* Midd. t$. Quod Johannes Hampden nop*
de jparoch', &c. gen' existe^' homo petnitiosus
sedStiosus ac p'son' ifrave mentis necnon impie
inquiet' et turbulen' disposition' ac machinans
practicans etfalso illicite et injuste malitiose
turbulent! et seditiose intenden' pacem diet'
Dom' Regis nunc et communem traiH|nim-
tatem hujus Regni Angl' inquietare molestare
et p'turbare et quantum in ipso fuit seditionem
infra hoc Regn' Anel' suscitare movere et peri-
culo p'curareet gub'nationem diet' Dom' Regis
in hbc Reg| AngP an inferre Quodq; p'd' J. H.
ad nequissimas nefandissimas et seditiosas in-
tention' suas p'd' p'implend et |>'ficiend' et ad
effectum redjgend' ult' die Junii Anno Regni,
&c. 35 etdiversis al' diebus et vicibus tarn
antea quam nostea Vi et Armis, &c. apud
paroch', &c. nlidte injuste malitioae et seditiese
so assemblavit conveniebat consultabat copspi-
rabat et confederabat cum diversis male diqpo-
sit' subdit' diet' Dom' R^s jur' pred' kfuoi*
etcum eisdem tractabat de eisdem suis netaudb
et seditiosis conipassation' imagination' et pro-
posit' pred' exequend' p'implend' etad efleotum
redigend. Et ulterius pred' J. H. ad oequia-
simas nefiindissimaa et seditiosas machination*
practication' et intention' suas p'implend ^ ad
effectum redigend' adtunc et ibidem scilt' nlt^
die Junii Anno Regni, &c. 35 suprad' et di -
versis al' diebus et vicibus tarn antea Quam
postea apud paroch' pred' in Com' pred' Vi ei
Armis, &c, false illicite injuste malitiose et se-
ditiose consultabat consiuebat couspirabat ec
confederabat de insurrection* infra hoc Regn'
Angl' babend' et de procuration' et pr<>visMm'
armor' et Hominum armator' preiiarandor' in
diversis locis infra hoc Regn' Angi' ad easdem
nefandissimas nequissimas et seditioeas inten-
tion' compassation' imagination' et proposita
sua pred' perimplend' .et p'fidend' Quodq;
p'd' J. H. ad ueqnissimas nefandissimas et se-
ditiosas intention' suas p'd' p'implend et p'fici<-
end' etad effectum redigend' poUea scilt' dicto
ult' die Junii Anno, &c. 35 suprad' apud parodi*
pred' m Com' pred' Vi et Armis, &c. fols*
lUicite injust^ nequissime malitiose ei seditios*
consultabat agreabat et consentiebat Quod que*
dam persona J ur' p'd' i^ot' mitteretur in Sco«
tiam ad invitand' et iacitand' diversos male dis-
posif subdif dicti I>om' R^is de Rcs^' sua
seotie ad veniend' in hoc Regn' Angl' ad advi-
sand' et coneultand' cu' prefat' J. H. et prefat'
al' male dispesit' subdit' dicli Dom' Regis tjt
hoc Reg' Ang' de aiudlio et assistanc' eipec-
tand' et suppfend' e dieto Regno Scotie ad
«W] mVitTftULS, ^ Cai|aLE5 \U iSSi^^or aJICidfmemr. ' [1068
llpoa wliiofa Pka ii^ue was joined between books, and yon havethem aU toffetber m RoU's
}^ ^^y'ti J^^^ Ge^eni, OD behalf of, Abridgment, title Cballenge, where he sets
toe kiDfif and detendanLand hail u a« tK«»n taL-on <Un..« «*».,. i.^^i.„ ^ a.— r-i^t.„ ^i.^^ i^ :
the king and defendaotyand bail was then taken
f«r the defendant's appearance the next term.
Hillavy term 35 and 30 Car. 2di Reg. Tn'
^o- beginning of the term, sir Thomas Jenner,
nRgKt, his majesty's serjeant at law, and Re-
dwdet of (he city of London, movert for a «ria1
•t the bar, in the ease between the kiog and
MpI Hkmpden, t^hicb was by the Court ap-
pointed to he on Wednesday the 6th of Febni •
«ry in the same term, when the Court pro^
c«mM t6 the trial as foHows.
CL cfCr. Callthedefendant John Hampden.
Hit. TKff/.* u . *^
down four books one after another* that it is no
cause of cfaalicnge, even to be the king's tenant,
and there is a great deal of reason for it. For
if that were a good cause of challenge, mark
the consequence, then all persons That hold
lands in Enfi^lancL hold them mediately or im-
mediately of the king, and so the kbg could
hare no nreeholder» to bejurymeninhis cause.'
Mrt Wiliiams, This is a more spe^^Sial causa
of cballense than that.
X. C, J, What can be greater than that of
being the king's tenant ?
Alt. Gen. (ISir Robert Sawyer.) Especially
^r, Williamt, He appears. —-.'.-•/»». ^^«« m«.#./«i»*j»-tj*.*.; «i>P«^i»>.^
CL of Cr, Gantez rotres Challenires Call ^^^^ *^^ '**® '*°^ ^^ England was held of the
if Charles Geranl. * crown as originally it was.
•ft
Crier, You shall well and truly try the issue
bletweett our sovereign k)rd thejcing and John
l^mpden, gent, and' a true verd^t give ac-
cMing to your evidence. So help you God.
CL afCri Su- Charles Gerard, jur'
Roger Jennings, esq. jnr'
Henry Hodges, esq.jnr'
Joshua Galliard, esq.
Mr. William, We challenge him for the
defendant.*
i* C. /. (Sir George Jcfferics.) What is
your cause of Challenge ?
Mr. WilUamn, If your lordship please to
Jet 1dm go through Ihepannel, we will shew
cause if there be not enough left without him.
i. C /. No, shew your caase now, it beinfif
against the king.
Mr. WiUukmt.- He has an employment under
the king, he has an oflSce in the forest, and that
we
say is our cause of challenge.
B. C. /. What then if he have f
^ Mr. William$, My lord, we suppose then he
IS not an indifferent person to try this cause.
J^. C, J, Ay, let me hear that now proved
Mr. Trevor. My lord, in 3d Rolls.646. Tit.
Trials, there is the express opinion of my
lord lElolls, that to be of the livery, or a menial
servant of the crown, is a good cause of chal-
lenge.
X. C. J. And look you but in the fiist case
in the first part of the Abridgment, title Chal-
lenges, where he mentions uiree or four hooks '
to .me same purpose, and it is quite otherwise.
Mr. Wiliiams, My lord, in that of first Rolls,
he only cites some Ibooks, but the other is bis
owndpinion.
L. C. J, Well, make out your fact if you
have a mind to it ; but it Js well known, that
neit!)er Afr. serjeant RoUs^nor my lord Coke,
when he delivered that opinion, are to be reck-
oned such authorities in crown matters.
Mr. Wiliiams, We will ask him, my lord»
if you please, I suppose he will not deny it.
L. C. J, No, maiceout your fact if you will
have any benefit by it, it is only a challenge to
the ftvour which ought not to ne in the king's
case. I am very glad that we are now to de-
bate this matter with men of the robe, because
aTvd*^ defended by any gentleman of the lonff ^®^*^^e had a strange sort of notions and re-
robe,.that that is a giml cause of challenge ^^^ ^P*"®^ abroad of late, as though the
Shew me what law there is for it judges now-a-days gave strange sort of opi-
Mr. WiiUams, To be of the king's robe, or "~" ''"'* '" '"^ ^'^ ^^'^ '""'' *
paj, or salary, is an exception in any case
woerdn the king is concerned.
L, C, J. Shew me any law for that if you
can, Mr. Williams, I know you are a lawyer.
Mr. Wallop, It is the opinion of my lord
Coke in his Institutes, that it la a good cause
oT challenge.
^ X. C. J. But there is the opinion of all the
jtt^es in Henry the ath's time against it.
Jar. Wallop. It is, my lord, fol. 1S6,
X. C. /. But I can cite yon three or Ibur
^^"ftfteqwsimas neflitxdissimos et seditiosas in-
-tentioues' et compassation' snas pred' perim-
niend' faciend' et promovend' in contempt'
l^gum hnjus Regti' AngP manifest' in malmn
etpemiciosum exemplum omnium al' in tali
cm di^nquen' Ac contra pacem diet* Dom'
Regis nunc coron'etdignitat'suaa, &c."
^Aato4«!»«eeHawkinsf8 Pleas of th? Crown,
book % ch. 43, sect 33, and also sect 38.
iroL. IX.
nions^ and as thoui^ persons that had been
blemishes at the bar, were preferred to do
sirange things when they came i:^n the
bench ;^ but truly I wonder to hear that it
should be a doubt, when at the same time thitt
which we gave as our opinion about one par*
ticular challenge, that is as to freeholders, it
was the judgment of all the judges, that tfiai
was no challenge, and aU the counsel that
were eonoemed in that case know it was the
opinion of all the judges, fiut now if we meet
with lawyers, I shall be glad to have the matter
fairly argued and debated, and pray shew me
what law or reasonis lor itk
Mr. Wallop. Certamly, my k)rd, there iis a
great difference betwijEt the general allegianoe
of allmea, and so of a genml tenure, and the
depoadenee of any particular person who ia n
menial servant and receives wages of the king,
X. C. /. I would deuiie t/k know of you, B&« '
Wallop, which is greater challenge, to say
such a one is a tenant, or such a one isimnie*
diate servant to J«&
3Y
105»]^ STATE TIIIALS. 36 Chablbs IL leBl-r-Trialp/J^ Bmnpim, [I06a
leDge at oommoii law, that ever I read of ia
any of our books, nor n it any chaUeagieby
the best anthoritiefi extant
Mr. Janet. 1 desine them to shew me taay
such precedent, that any man was ehaUeiipd
by one that was tried at the suit of the kinff,
for a challenge to the favour, but we must i^
unprecedentMl things, or else there will be no
satisfying of some men.
Att. Sen, I would fiiin know; what one opi-
nion in a strag^iiug book is against the curreot
of all our law ?
lUr. Wallop. There is a great diflerence, my
lord, ithhik, between an immediate tenant,
"md the general tenure of all subjects.
L. C. /. But certainly the law is thus, if be
were an immediate or a mediate tenant to any
bttt the king, if his lord were party to the snit,
it would be a go&d challenge, but the being
tenant to the king is no good challenge, in
the kind's case.
3fr. Wiillams. My lord, I take it, the act of
pariir.nient that takes away the Court of Wards
and liveries hath altered*^ the law as to that
matter of tenure ; for now we hold in socage,
and that other tenure is destroyed that was
between the king and his subjects.
£. C J. But pray^how cooies it to be a chal-
lenge iiow that was not one before.^ Dtoesthat
act of parliament make it a good cause of
cfaallenn^e ? If it does, shew it I tell you tlie
old books are against it.
' Mr. Wiiliams. I speak, my lord, to the
tenure, that that is nothing at all now to be
objected, because all is now in socage.
. L, C. /. I would not hare Mr. Attorney
insist upon a juryman, but yet withal I would
not have it gone away with as law, that it is a
good cause of challenge.
Mr. Walhp, My lord, we finding in some cases
that are in our books, that it is held to be a
good cause of challenge, lay it before the Court.
Att. Gen. Ho^v many hundred errors do
vpu find in my lord Coke, notwithstanding idl
tuM leaminff?
X. C J. I say, if 1 was Mr. Attorney, I would
not contest for any ptcrticultr man to be jary-
man, T speak that as u?y advice, but I would
not have it taken for laiv ^^^ would I have
it broached abroad, thatthou;^'h the judges now
were of one opinion, yet the Jtfw truly was of
iiiiotber.
3Ir. Jones. If all that rcceirc salary or wages
from the king, are not to be jury meet in the
king's cause?, then all the deputy lieul^enants
aiid iDilhia oiHoers, which generally are the
most substantially freeholders, are exclu(?«l
from beiug jurymen.
Just. Withens. Who will say so, Mr. Jones ?
No lawyer in England surely will say so.
Mr. William^, Offices where there is no
profit, will not be the same exception.
Att. Gen. But he is no menial servant of
the king's.
Mr. Wiliutms. What is he then ?
Mr. Waiiop. We hear that he is keeper of
one of the king's Forests, and iias a fee for it
Mr. Williams. Well, M'e will ask him upon a
9^er dire.
Att. Gen. My lord, the fact is quite olher-
V^se, and I desire they may make it out.
X. C. J. Truly, I tbidc it is not tanti to
insist upon any particular msm, but I find we
•re in an age that is so fuU of cavils, that if we
act but according to the precedents that went
before us, we are thought to act as originals,
and to make new laws, when ' we only follow
the rules that we have receired from our prede-
tfBfgors. And I say there was no «uch filMii-
Mr. WiUiain$. Which do yoa call a stnig*
gling book, Mr. Attorney ? My lord Cokra
iBtitutes, or my lord Roll's Abridgement .'
X. C. J, I say the better opinion of tht
books is on the other side, and the greater
number too,
Att. Gen. First of all, I do know of my owa
knowledge, he is no menial servant.
X. C.J. Mr. Attorney, I de debate it for
learning sake, truly I know not the man, nor
>^hether he be the icing's aerrant, or not, bat I
speak against allowing the challenge, that if
he be set aside, it may not be taken as a preoe-
dear, and so pass for ;aw that the king's ser-
vants cannot be jurymen. I would have yw
quit the man by consent, bat not as a force pot,
as though the law were so, for the law, I thi&ki.
is otherwise.
Att. Gen, He is none, my lord, they mis-
take.
X. C J. Nay, I know nothing of the nun,
I tell you oiily what I think.
Mr. Wallop. He receives wages, or a fet
from the king for his office.
Just Withins. I would never, for my part,
while I live, nor never did, while I was a pnc-
liser, stand npon any particular juryman.
Att. Gen. He may be.a jilryman by law
sure.
X. C. J. There is no doubt of it, Mr. At-
torney.
Att, Gen. My lord, if your lordships have
given your opinion, 1' desire he may stood bv.
X. C. J Well, Mr. Attorney waves him, le^
him stand by.
Att. Gen. But for no reason that hasbeea
ofl>reJ. J
X. C J. No np, I do not hear any thing cf
reason 5>ficred for it.
CI. of Cr. Mr. GalUard, you may go down,
— Thomas Harriot, esa.jur' — ^Thomas Ears^i
esq. jur' — William Avery, esa. joir*— JonB
Sharp, esq. jur* — Richard *Shoreaitdi.
Mr. Williams. We challenge him fiv the de-
fendant.
L.C.J. What is your cause of challcnjrel
Mr. Williams. There is the same exoqi&n
to him. . .
X. C. /. If Mr. Attorney wiU consent^ with
aH my heart.
Att. Gen, No, wo humom:ed you in ««»
we will not humour yoa any more.
Mr. William. Nay, here Is spmethingmort
clear ibr us, he k a Serjeant al anM itkamB^.
his majesty.
i
ibil] ' STATE tRIALS. 5« CHARLES 11. l684.—/or a Misdmeandf. i'f0«2
times, at tl)e iiarish of St Giles in ih^ Fields,
in *yonr Countv, di<l unlawfully assemble, and
confederate lumself with divers eyil-dispose<r
persons, sniijects of our lohl ihe king, alid
then and there, with those other persons did
falsly, malidttusly, and seditiously consult attd
conspire to make ah insurrection in the king* -
dom of England, and to provide nnns and
armed men ra divers places of the said king-
dom. And the better to complete his evil in-
tentions^ the said last day of June, did consult
and agree; to send certain persons, to the iurors
unkqown, into Scotland, to invite fievtsral evil«
disposednersons there to join in this conspi-
racy. This isthe substance of the chaige, and
to this he says, he is not guilty ; if we prove
him so, we do not question but you will find it.
Att. Gen. May it [ilease your lordship, and
you gentlemen m this jury, Mr. Hampden
stanus indictetl of an high misdemeanour, for
conspiring, with several others, to raise rebel-
lion withm the kingdom, and to crave the as-
sistance of the brotherhood of Scotland. Upon
the face of the indictment, gentlemen, i( 9p«
pears to be a very high crime, and the matter
of this indeed has been formerly in ezuminatioa
u\ other tiials, and yet the party, you may ob*
serve, do not acquiesce in those trials, but think
the persons^ accused lay under very great hard-
shi]is, and that to a very great degfee, as not
having the advantage ot counsel, nor to hava
their witnesses examined upon oath ; and
therefore, gentlemen, the king is pleased to go
less in this case than in the others. That this
gentleman, who is now before the court, may
clear his innocence, if he has any witne^es to
do it. And if there be any advantage that thtt
having of counsel can contribute to his cause,
he has that allowed him too.
Jost Withitii. You know our opinions al-
mdy, Mr. WiHiams^unless Mr. Attorney con-
tent, we cannot do it. «
Mr. WiUiams, We only acquaint Mr. At-
torney with it, we roust submit to your rule, he
is certainly serjeant at arms, he came in the
place of Dereham that let my lord Grey es-
cape.
Att, Gen, Pray prove it, I do not know it
lor my share. ■
Mr. Williams. Will yon ask him the ques-
tion? ^
Att, Gen, Pray prove it. Are we to gra-
tify your, client ? pray let him better instruct
his counsel.
X. C. /. if Mr. Attorney coiisent not, then
he must be sworn.
Att. Gen. If there be enough without him
that do appear, let him stand by.
Cl.qfCr. Stand down, Mr. Shoreditch.—
Charl^ Good, esq. jnr'*^
Ait. Gen. That it may appear how fair
things were carried, they would not strike out
oiie of these men when they came before the
Prothonotary, as th^ might have done.
Just. Wilhins, Truly that was not well
done, to trouble the court when you might
make your exceptions there.
Mr. Williams, We did not know it then,
now we do, we offer ii to the court.
CL of Cr. Samuel Rouse, esq. jur'— Hugh
Squire, esq. fut* — Nehemiah Arnold, esq. jnr'
—John Bifeildi esq. jur'. Then tlie Jury were
numbered, and the twelve swocn were these :
"Sir .Charles Gerard, hart. Ro^er JeniifQgs,
Henry Hodges, Thomas Harnott, Thomas
£arsby, Wimani Avery, John Sharp, Charles
Good, Samuel Rouse, Hugh Squire, Nehemiah
Arnold, John Bifeild, esquires.
CI. qfCr, Gentlemen of the jury. You that
are sworn, hearken to your charge. The de-
fendant John Hampden stands indicted by the
name.of John Hampden, of the parish of St.
Gifes in the Fields, in the county of Middlesex,
gent. (Prout in the Indictment, mutatis
mutandis) — To this indictment he has pleaded
Not Guilty, and fbr his trial puts himself upon
. the country, and the king's attorney general
likewise, which countir you arc ; your charge
19 to enquire whether the defendant be guilty of
the great misdemeanour whereof he stands in-
dicted, or not guilty ; if yoi| find him guilty,
yon are to say so ; and if you find him not
ifuiltyy ^ou are to say so, and no more ; and hear
ycur evidence.
Then ProclamatioD was made for evidence
in usual form.
Mr. HoUoway. May it please your lordship,
and gentlemen, you tha^ are sworn, I am of
counsel fbr the king upon this indictment
Gentlemen, the indictment sets forth, that the
defendant being a seditious, malidous, evil-dls-
posed jiefBon, and seditiously and maliciously
intendmg to distuih the peace of the kingdom,
Ihe kst day of June, in the 35th year of his
now majjesiy 's reign, and divan o4ier days and
The course of our evidence, gentlemen, will
be this.
AYe shall prove to you thatMr..Hamnden^
with five other persons, (I shall name them)
the duke of Monmouth, my lord Russell, Mr.
Sidney^ my lord of Essex, and my lont How •
ard« they met several times, (the particulars wa
shall give you an account of) one was at Mr.
Hampden's house, another was at my lord
Russell's, where they did contrive together,
and took upon tliem to be a juncto, or a coun^l
of six, collected out of the wisest men of the
kingdom, to consider how they might better
the afiaus of the nation, and how tiiey .might
make a stir : for they thoujjrht there was n»
way possible otherwise of dom^ it, but by their
joint councils to carry on a rismg. And that
thc^ might do' it the better, they resolved %m
crave the assistance of Scotland^ Gentlemen,
we shall give you an account of their consnUt
and debates, and shall shew you, that at length
they came to a resolution, that the rising was
to be carrietl on jointly in London, and ihe se-
veral parts of the kingdom, in several countries
at once. Then they cam^ .to think, and con«
sidcT %^ hethor it were not best to send into Scot*
land} to draw them in too. And th^rtupon it
was agreed by this juncto^ that they would send
toSi] STATE TMALS>^GnAitLyslL l6%4.^7^udff Mm Bmrim, {l^
tKidl«r,'iuad HM^Tommjgemeniof ii was oom-
noitted to Mr. SidiMy, to send some fit person
into Scotland, to treat with the male-€0ntc;pt8
there ; and the better to carry ou this joint de-
sign, some of them were to come up, to Lop-
dlin. And they were to hare. a pretence to
treat about gtnog to Carolina, and the purchas-
ing' some shares in the plai^ation tb^e, cf
which mv lord Shaftesbury was a chief go-
vernor. .We shall prove to you, gentlemen,
besides all that I have opened,, that the person
to whom that trust was committed, Mr. Sid-
ney, according: to the duty that he bad taken
\ipon him, does employ one Aaron Smith,
which all that know him, do ^now him to be a
fit engine lor such counselors, and a fit instru-
ment for such a conspiracy. We shall prove
he actually was in Scotland, and that he. went
into Scotland upon this errand. And then we
•hall prove that those gentlemen that were
sent to, and were the persons named in their
Xionsulu to be treated with, came here soon
after to town, and as soon as ever this plot was
discovered, they fled and absconded themselves.
Gentlemen, if we shall prove all this matter to
you, I think ,it will be without any question
clear, that this gentleman is notoriously guilty
. of tliis high misdemeanour. And indeed, if
you observe it, one of the persons has given
ju<)orQ;eat a(?ainst himself, the earl of Essex.
But tiie pMty have been so diligent and offi-
fnous as to fnng that upon the government;
but that matter we shall nave before the court
in judgment to-morrow. For two of the
others they have received the judgment of the
law ; for two more of them the king has been
pleased to take them into his mercy ; the one is
niy lord Howard, who is summoned to appear
here to day ; the other is the duke of Mon-
mouth, who has confessed all this matter, and
iias taken his pardon, and wo have summoned
him alia to be here this day ; that the world,
if they will have their eyes opened (I mean the
discontented world) may see there is nothing
sought, but the peace and quieting of the
kingdom. Gentlemen, if we pfove ail this
matter to you, I shall be glad to hear the de-
fence of the counsel, and the defence made by
/ witnesses upon oath.
Solicitor General. (Mr. Finch.) My lord,
^e wiH call our witnesses, and first we b^in
' %vith the duke of Monmouth.
Ait. Gen. Call James duke of Monmouth.
Crier. James duke of Monmouth.
Att. Gen. CaU him agaui.
Crier. James duke of Monmouth.
L. C. X Was be served with a subpoena ?
Att, Gen. My lord, we will prove we have
served him in all plaees where ne was like to
* to be met with ; that we left subpcenas with
' his servants, who promised to ddUver them to
L. C. J. P^ve it.
^ Att. Gen. Where is Mr. Atterbury ? Swear
Wm. t Which was done 1 Pray will you give
the court an account, whether you did serve
the duke of MonmoUdi with any snbpieim ? )n
what pkwes^du were loMrre hi% amlwbi
you left it with ?
Atterbury. My lord, on Friday hit iqh
•even-night, I wm oopvumded hy Mr. Attor-
ney-General, to caiqf a subpffiua to serve
upon the duke of Moupouthj. and to go to lit
house fit Moor-pailE, where it was geoenHy
discoursed be was. I did go and take a sd)-
poBua from Mr. Burtod, bv Mr. Attomey'i
order, and went to the dukev house, at Hflsr-
park. When I caiM there, the outivardgate
was locked, and I went to an house where tbe
keys are kept, and havhtf ^t the kejs; I
went down to the house, and I saw there mt
of his servants fothering of cattle ; and covmg
up to him, I asked him if the duke of tfoo-
mouth was in die house. He told me, he
could not well tell, whether.be was or not,
but he thought he was gone to London, fo jte
saw the calash, and five or six horsemeD with
it, and they said in the house, that it was the
duke that was gone to London. I asked if
there were any servants that were nearer to his
grace in iba nouse, that J mi^^ht speak wiA ;
they said. Yes, there was the nouse-kecp&sr
steward, one Mr. Hawkins, that attendea uimni
the duke. I desired to sneak with bin, and he
came out to me ; I askea him if tbe duke vu
there ? He seemed to be unwilling to give ae
an answer. I asked him the second time ; hA
he did not say he was, or be was not I
told him then, I had a subpoena, which I
brought with me by Mr. Attome v GenenP*
order to serve upon his grace, which wu to
require him to attend here this day, to te^
his knowledge, in a case between the kiDgiHd
Mr. Hampden. He told me, Sir, said he,
SVe me your subpoina, and I willukecife
e duke shall have it. He took it of me, isA
1 came back to London presently. As soon at
I ca^ie to town, I had a second subpoena given
me to serve upon bis grace, witli wbich I wept
to the duke's house at the Cockpit. When 1
came there, I spake with the porter, I tbisk
his name is Johnson (but the porter he i8> u»
1 remember him a servant there roanv J^);
I asked him, if the duke were there? Betpld
me he did not lodge there. I told him I had ft
subpoena to serve upon his grace to appear ••
this day, the same as I said at Moor-pan-
Says he, BIr. Atterbury, I will take care Ibe
duke have it t07uight, or to-morrow naioioiitf
early.
L. C. J. When was this?
Atterbury. It was of the same day, FruOT
was seven- night last. I was told »^^*'YT:
by one that 1 met with, that tbe 4l«ke did lo^
at Mr. Rows house, who is a scrvaDtto die
duke, one of his gentlemen. He lives is ue
Pallmall, it is either his house or bis lodgitfi
but they call it his house. I bad a third a»-
foena given me to the same effect. And w»b
came there, I asked for the dc^ V^ I
woman came to the door, Hcs. Maidy (I ibiw
they call her\ she seemed to m«ke little ,s&-
swier to what I said. Said I, .Pray will ff^
give this fiuhp<Ena to the dm, « to W*
%%66] BTJUTE TRiAIS, S6 Chmlbs II. 1^84^-^^ « MiMAmmm$i\ {l^.
Rowlogiue it thefllilpB» .^le^aokiiofioe,
and said, she would siTe it Mr. jHow oertainly
Id fftye to ,tli€ duke. And yesterday, or
'the &y hefore, I met Mr. Bow at Whitefaail,
and says he to roe, Mr. Atterbivy, you brought
a sabpcena to ipofy bouse a iiuie while ago.
Yes, »ir, said I, I did, had tou it? Tes, I
had the subpoena, says he. Tbto iteys I, I
hope you gave the. duke it ? To that he made
me no answer, but nodded bis head, and smiled,
and went away.
L. C.J. Now call his grace again.
^ Crier. James duke of Slonmouth. [But he
did not appear.]
Att. ben. Call William lord Howard.
{Who was in the court.] Pray swear my
ord Howard. [Which was done.]
Ad. Gpi. My lord Howard, pray will yon
be pleased to give the court and the jury an
account wbat you know of any meetin|^ by the
gentleman that is now accused, and Uie duke
of Monmouth, my lord RusseQ, yourself and
others, and when ; tell what you know.
Lord Howard. My lord, in January last was
twelfemonth, about Ae midst of January, I
«ras called ont by oobnel Sidney, being then
in my lodgings m Southampton-street, and
carried by iiim to Mr. Hampden'^ house, I do
not kobw what they call tne street, but the
same side of the way with the fine house that is
In Bloomsbm'y —
Mr. Jones. By my lord Montague's house
that now is, you mean ?
Lord Howard. Yes, of the same side of the
way; When I came there, there was my lord
Russell, and the duke of Monmouth, colonel
Sidney and I went together, Mr. Hampden
was tiken m the room where they were. Af-
terwards came in my lord of Essex, this made
up six. When they were there, we fell into
discourses . —
Aii. Gen. Pray, my lord, before you come
to tell the particular discourses, give an account
how, and upon what grounds you came to have
this juneto of six ?
X. C. J. If vou please, my lord, pray gi?e
mn account of tne preliminary passages.
.Lord HoKurd. My lord, after the disappoint-
ment given to ;^n undertaking that was begun
by mv lord ^haftsbury, wh^cn was in October
or ^vember before, in November he died,
^fterthat, truly I cannot say, bnt that colonel
Sidqev and.mj^self might be, and were the two
first that did give the rise to it. For being in
fe:ourBe, we said it was absolutely necessary
t there should be some council erected to
^ve^Kune steadioess to the motions ■ ■
.X..C. J. My .lord, I would not willingly
jntcfnii^t you. But you seem to speak of a
.llisappOKntroent given to an undertaking by
. my Jord Shaftsbury . Pray what was that un-
^lertakingP
Lord Howard, Vour lordship has heard of
that befoi^, and know it very well.
£. C.J^ Though we laiowjt, the jury do
jiot fVbey hate no^t bearjl it judicially at
Lord Hamard. Becanseift has bfto in tiie
printed books, every body I suppose knows it*
t. C. J. But tluit they cannot judicially
take notice of.
Iiord Howard, That b something % kmg
history, my lord.
L. C. J. Though it be, we most hear it. *
Att. Gen, Pray make it as shmrtas you cud^
my lord.
Lord , Howard, So much as I can me ac-
count of is thii. It was. aboujl tbeoawaAer
Michael's day that I came to my own houaey
having been .before m Easex, and that I ibk^
was ^orday . The Monday £blk>wiQg capt^
Walcbt came to me and dined wjth me, fid
after dinner told me, my lord^f Shaftswury
had left his house, and had betaken JiiiqMell' $o
a private lod^g, and had bid himself ivspi
the rest of his friends ; but had a great kinjl-
ness for me, (which kindness truly I vrish (e
had spared) and desired to see me. I ^oik
time to consider of it ; but I hid bim go. badk.to
my lord Shaftesbury, and tell him, if he k^A
any thing of an extraordinary nature to i^c-
quaint me with, I would come and assist him
all I could. He came |he next day agaip, and
shewed me to my lord Shalksbory's lo()giog:
He lodged then at one Watson's house, a oifi*
2en, I know not what street theycall it; byt
it was in a little street down by Vood-ntre^.
And when I came to him, I found my lord
Shaftesbury very much differing from wnat he
ua^ to be, which was more cautious ; and we-
sently he fell to tell me, that, he was forced to
withdraw himself from his own house, for fear
of being attacked again by shamrcharg^s and
plots, and false evidence, as be had before : • F#r
now he said, he saw they had die possession of
all juries, by having those sheriife w})ich were
imposed upon the city, as be said, and he oould
not think his own lite or any man's life safe ;
for to be accused was sufficient to bring his life
into very greatdanffer, and tor that reason h^ had
withdrawn himself to Uiat private retirement ;
and being there he was resolved to make some
speedy push, for recovering of the liberties of
England ; that there was preparation made in
the city of several thousands of men, that were
all in readiness to rise, and that for his part, he
was resolved to be set on horseback ; for gist
on horseback he could not; and that mve
were great numbers that w^re reMy, when he
did bnt bold up his finger, to be drawn together
at any time: That divershad been drawn ont
of the country to Join with them by insepsiMe
parties of home, I tiiink be named about foir-
score ,w an hundred. Which since X fouftd
were to be heeded by eolonel J[tumsey, upon
the day of msJdng and de<)Ia^ng the ^sheriffs ;
but finding there was npdiing done, bC'Siith*
di-ew himself and his man thither ;. Imtlheie
was such a general preparatiop ^.ibe.'eiliy, Ibit
if some lords did not unhandsom^ deserl them
they slmuld be in readinsserfor M^tiOD .^MkMir-
I awed him who he meant ? Be ;PM .ine, ^me
duke ef MoftmenAi urn) JHy.levd BuMell bud
v^vy imfayidgomely rtewatql Jika; )6r thegr
n
1t)67] STATE tlilALS, 36 Charles IL iGBi.-^Trkl of John Bmpitn, [io6S
' tiad promised and undertaken to be in readinesi
- with men out of several countries in which tbej
had an interest* he named Somei'setshire, De-
vonshire, and Cheshire, I think, and that my
lord Orey should he disposed of into Essex to do
the same there, and if they had held on this
resolution, it had been snch a sure game, th^t
it could not have fsuled : But says he, they are
started, and. say they cannot be in a readiness
to do it. My ford, 1 Very much wonder that
those persons you nanieQ should engage in any
design, and iail of performing what they pro-
mised! Says he, I will assure yen it is-so.
And 80 he proceeded to speak several sharp
things of the duke of Monmouth, upon the ac«
eount of his ambition, that he thought to have
all under his command : Wiiich was a secret
Inilnng ambition in hira, that he said, he al-
ways suspected the duke to be guilty of. And
' now be foui^d his suspicions true. That unless
he might command all, he would do nothing.
But for his part, since lie found the matter so,
be was resolTed to ^ on alone, rather thap fail
in his design. Said I, my lord, I should be
Tery forward to concur with you in any thing ;
but I wonder your lordship snould step into an
- action of such danger, thus divided from those,
that are most likely to assist you in it. I can*
not help it, said he, I have left my house, and
tnu^ go on. My lord, said I, pray give me
leave to go to the duke ofMonmoutn, and ex-
postulate the matfer with him, and I will come
and give you an account again. Says he, it
' is to no purpose, I dare say. Said I^ my lord,
pray let me eo and try, for f would not have
you divided, out I will promise you this, I will
not tell him I came from you, but as from my«
self discourse it with the duke. WeO, said he,
if you will you may. Th is was upon Tuesday ,
' 1 think the 3d of October, the Sd or 4th. So I
went to the duke of Monmouth the next day,
which was Wednesday, and finding^ him not at
home at his bouse in Sobo, and bemg told he
was ct Moor-park, I took an occasion to go to
Moor-park, and 1 came there a little after din-
ner, and took him aside, and told him ail this
that I now have spoken about my lord Sbafles-
bury. Says he, I think the man is mad, what
does he mean ? We did undertake to do this,
it is true ; bnt not by that time he speaks of,
and things ^ve not ready, I know not what his
' -own fears make him do, but he does act so pre-
' postcrously that he will undo us all. Said I,
my lord, all that I shall desire is, that there
may be an interview betwixt you, and dis-
eoarse the thing with one another, or else it
nay be a thing of very fatal consequence for
him to step into an action of this dan^^er and
concern While yon are thus divided. With all
my heart, says the duke, T would have nothing
more, 1 desire to speak with him. This made
^«ae recoil back again to my lord of Shaftesbury
-the next day, ai^ I told him all this, and de-
•sired he would give a meeting"; says he, I see
' they are false then to say they^did not engage ;
4hey were engaged, and that against ^is time
Moo, the confirmation and swearing of the she
rifik ; and now for me to meet with them, I
know I shall run out into passion and anger,
and therefore it is better omitted. Said I, my
lord, I must positively insist upon it. 1 most
have an interview between you, for it is t mad-
ness for you to go on thus aivided in so great a
business. I could not prevail, be woiOd not;
but he told me if I would I might go to them
from him, and let them know I had been with
him ; (for before 1 pretended to have it from a
third hand, and not from my lord himself,) and
if they would be in a readiness with what they
promised from the country, he would ask no-
thing from the city, he would take that pbee
upon himself, if they would perform their en-
gagement i'c: other parts; butheresolredtB
go on. So I went to the duke of MoDmosth
again, and told him, what he said, That 1 coold
not by any means get him to an interriev.
Says the duke, he is a strange man, I ^know
not what to do with him, we will all bo in a
readiness as soon as we can ; but it is imoot-
sible to do it so soon. I went to my lora of
Shaftesbury again on the Saturday,, and did
then positively engage him that he would give
a meeting to me, ann the duke of Moomootb,
and some others : And we appointed dme aod
Klace ; he appointed to come out in a parson's
abit, and a black perriwig^tb his own hoasoi
which he thought the safest place, because be
would not discover \\*n lodging to any of them,
for fear it should come to te known. WA
these instructions I came to the dnke of Moo-
mouth to prepare about it, and proffered biro to
be ready the next day at evening_with rayloid
Russell to go to him . All this while I had not
spoken to my lord Russell, but only to the
duke of Monmouth . And the next day ^ hen I
came from church to my own house, there met
me a message from colonel Rumsey, who I oi-
derstood by my servants had been there, aod
left bis name, with this message, that he came
to tell me, the gentleman that was to meet
couFd not meet This was so confused a mat-
ter, that I was impatient till I knew the mean-
ing of it. I took my coach Imd went d*'^
to the duke of Monmouth's agam, and he Urn
me, colonel Rumsey had been with biro, and
told him, my lord of Shaftesbury was appw-
licnsive there were a greait many Tories abocj
his house, and he fearad being discovered, and
therefore had removed his kMlging, and •
could not meet ; but we should hear from bin
in two or three days. So that was the tat
time that I saw my lord of Shaftesbury, or in-
deed, in a direct line, did hear from him; «*•
laterally by Walcot I did afterwards bear; m
bv this means we were at a loss. After m
tfie duke of Monmouth did tell me (for he*J
not own to me that he saw him, bat indeed
swore to me that he did not see him ; hot *
find since he did.) That he wouW do what be
could to prevent an untimely, dangerous un-
dertaking. Bnt after this it seems they had a
meeting at Mr. Sheppard's house, where ig
lord Shaftesbury sent a message to hm "J
my lord Rusadf; bat the duke pf Mown***
10^] tfTATE TRIALS, S6 Ch ABLls IL 1084.-^ « MUdemeiuufr. [ i Q7#
be treated as tbe dtilce of Montnontb^ beeatim •
he does not expect you ; 1>ut take him as a phi- '
losopber, and dine with him as he uses to dii(«
at bis own table. Says the duke of Monmouth^
I care not for entertainment ; I will gx> with
vou : And there at that time did the duke of
Moomoyth undertake to brin^ in my lord Rus-
sell and my lord of Salisbury. This was tbe
only discourse preparatory to it that erer I
knew of. VVitlim a fortoifl^ht or three weeks
after, nay, I think it was less than ten days
after, colonel Sidney came to me, and told me,
my lord of Essex was rery forward in it. The
iluke of Monmouth would prepare my lord
Russell, and my lord Salisbury ; and he him*
self did not doubt, but Mr. Hampden was very
willing to be in it too ; and they had appointed
a meeting at Mr. Hampden's house, and h#
would carry me thither to the house ; and ihiv
was the first meeting that I knew of; and thaw
we met all six.
Att, Gen. About what time was that ?
Lord Howard. It was about the middle of
January ; and truly I think 1 couM reduce it
to a certain day or two by the penons where I
lodged.
Att, Gen. What was debate there?
Lord Howard. When we came there erery
one discoursed what he would. There was &
discourse of the time and places where to rise ; •
but among other things it was resolred as m
{Mrincipal point, that there should lie a prepara- .
tion made for the design, by a treaty with thos»
of Scotland, and an understanding setded with
Argyle, and a messenger sent to my lord Ar* •
gyle, and others. And before this was done,
we oould not be ripe for any resolution : But
this must be speedily done.
L. C. J. Pray, iny lord, gire me your Ik-*
Tour, 1 would not interrupt you; but to make,
things clear as we go, I desire to ask you^
when y Ou came first to Mr. Hampden's home^
who spake first, when you were all met togs- ' '
thcr?
Lord Howard. Erery body discoursed what
thev pleased.
' t. C. J. But who gave an account of the
reason of the meeting ? Will you please to re-
collect, and tell what yon know, who began the >
discourse?
Lonl Howard. Something iotroductive to it;
was said by Mr. Hampden, we being at his
house, as it'ts natural to conoeLve for any gen-
tleman at whose house people are met, to say^
Pray let us sit down and talk of our business.
Somethmg leading and introductiTe was said^
by him.
X. C. J. Pray, m^ lord, as near asvoa can
remember, will you give an account what was -
the thing he began to disoeorse of? l>id he
seem to take any notice, or hare any know-
lec^ of your meeting, and odier thinp before ?
Lord boward. It was a general hint and iiK#
timalton to us of the ends of our meeting, that
we were there come to consult aiid adnse one*
with aoollicr, how.t^i put. things into a bettw
method end posture thiui formerly 4 and ht»
eoly told me, that mj lord Russell had met
with him, aiiid seen him ; but he never owned
that he had met him himself or seen him.
About four or five days after, captam Walcot
came to nse, and toM me, sninh a day was set
for the rising. Upon which being startled, I
had nothing to do, W recoil bock to the duke
ef Monmoqth, end endeavour to stop any rash
proceedings ; and it was stopped as I thought,
end so it continueil for two or diree days, and
et that time, which was in October, there was
a rumour up and down whispered, as if some-
thing woale be attempted ; but what it was we
did not know, but ttius it went on for two or
^ree days, and then it meeting with a disap-
pointment upon the consultation at Mr. Shep-
perd's,mylord Shaftesbury took up his resolu-
tion to be gone, and went away to Holland,
end died in Holland. This is the substance of
that account which I can give of those former
transactions.
Att. Gen. Now give an account of what was
sabseguent to this.
Lonl Homtrd, This was in November.
After this there b^ing frequent conferences be*
tween colonel Sidney and me ; for colonel Sid-
ney by the way knew nothing of all this, and
I was cautioned by my lord Shaftesbury, that
I should not tell my fnend Sidney any thing of
it ; and asking him the reason why I should
Bol, Says he, I can't well tell ; but you will
wonder when I tell you, that his own friend
major Wildman has barred him and would not
let him know it. The gentleman is now dead ;
but I will assure you he did know nothing of
this for a mpnth after : for he was gone into
the country ; but afier my lord Sbaflesbnry
was deed, I told him the history of all these
lnuisactions, which he was hefore^a stranger to.
Afyer lliis, when 1 had acouainted him with
svhat had beo» intended in London, and what
peparationshad heea made, and bow what was
ittteeded had been suppressed, and in what pos-
ture affairs then stood ; we then took up a re-
eoletion to form a council, that might for the
time to come give such directions as might re-
gulate the uMrtMos of this afiair. Thereupon
we began to thikik of the persons who they
■hoeld be. He undertook to speak to my lord
ef Essex, and Mr. Hampden, and I was to
bring the duke of Monmouth to a right under*
•laliding with him in it So I went to the duke
of Monmouth, and told him colonel Sidney did
peaeet his service to him, and would willingly
wait en kim, but that he thought it would <m
llim hurt, because he was a person of sndi
aoto, and thereupon so obnoxious that it might
mjodice him to have him seen to codm to
mm; and therefore if his grace would please
to appoint any third place, he should be very
fled to kiss his hand. Says the duke, I do not
SlMiw eny where truly to appoint. Why then,
said I;. I will tell you a place : Let us e'en go
to his house (having before prepared ookmel
IWdney for it) and take him 1^ surprise and
dine with him, and then there will be the less
But, said I» you must not ^i^pect to
107i) STAT&nUAL8»4fri;iiJ(«C»i U* iC^^^rcM^Aili
[m
dcdveA Ibslw^votld ait dalrii and dbecNMM
oCdieietliiDg*. My lord« I wouM 110I dnffg«
myself with pafdoolsr* positively;
At4. G^n. Upoii wbsft qoestioM did yoiMk-
bate and oQliMilt, roylordf
Lord Hcmatd: liiose were started m/ftnlW*
Some would spedk of tbe tiode wben it alMiiid
be, whether it were not ooavenieiit now, or
when. Ochen offered eomething ooBcdnin^
the places, whether it ahoidd be begun in the
city or in tbe country, or both together. Others^
took it into conftideretion, what persons Were to'
be ptBpared in the several countries to be as-
siBiing in it, that were probable to carry it on.
Aud then some disoonnted concerning the rais-
in|f of money^ and then what snm should be
raised, and I think that was started by tbe4uke
of iVf onmouth ; btft I am snre the sum that he
named was 30 or 30,000/. The last thing that
was talked of, but whieh was concluded to be
the thing principally to be taken care of, was
the settUDg sudi a concurrence and corres-
pandenee with Scotland, that they miffht chime
in at tbe same time, that so we miffnt give as
iquiy diversions both from home and abroad as
could be at one and the same time.
Att. Gtn, My laid Howard, DidMr. Hamp-
doA discourse of this matter ?
liord B/ward, I cannot speak to the dis*
oawse of ai»y one in particubr ; for I cannot
si^ it was put to the vote as we tbrmerly ex-
pranked it, but it may be said we were all con-
s^tii^ and ooncnmng.
. X* C. J. Did any. of you dcuent from the
lisi^?
Lord Heward. No, no, my lord.
Ait, Gen, Did any of you oppose it at all ?
Lord Howard. No, no, that was discoursed
4>f as a thing reaolTed.
Xk Ct J. I ask yon this question, my lord
Howard, Was there any sort of complaint made
of the govenwient, that it was uneasv and that
nocaswmad you to enter into these debates ?
Lord Howard. There was, I cannot say. a
dMUplaint, because there was no person to com-
plain to ; but it was spoken of as a matter of
prsattfiievaiioe, that such a force and violence
should be put upon the city in their election of
ojficers, and the tendency of that as to all ju-
ries, though I cannot distinctly remember the
particHlar things.
. X. C. J. You Say you weie talking of a mes-
senger to be sent into Scotland to my lord of
Argyle, aad^othcrs touhime in with you in this
matter, as -you say, pray did you come to any
ilMalutilOB about that, ami what did you resolve
upon?
. Lord Howard. That there should be one
only^t^ that timei An4 aAerwards it was the
mttlr of the dabata at'the nest meeting, which
waatfaat neetiiig'at- mT lord Busaeli's, which
" MfaaahoiUlthistkBartwelTB-month, in Febmaty
sQate>tiHMi.
AttG^n. How hiagaftet the: first msfltiay
tkMr. HhwHrffitfarwas that?
Uie Smatii My lord^ Ithiikkifw abMI
»lbr6nffhk
A4t.'4S^ WhttifwtiBwar
IdKAH^mard. The asme pcrflOM tb#l M
Mk». But then there im litOe spftea 4
but the busiiras of Sottlaod.
X. C. J. Was Hr. aawH»^ thsw at tka
sacdlid meeting?
Im^Homard. He wus there.
X.C.X At mylaid HossaU*« j^MMQrit
wasP
Lord Howard, Tea.
Att. Gen; What leaekitioft M you cmaU
then?
Lord Howard, Then we came te a raok^
tion tl^t aomebedy shoufaf be sent, and we be-
gan to discourse who^was fit, and cotentl Sid-
ney he propounded Aaron Smith, (0 sovettT
tbe company he was known, to others not;
but those that did know him did approve of bioi
as a fit person. .
Alt, Gen, To whose provinee was that com-
mitted of sending this person into Soodand?
Lord Howard, Coiaoel fekdoey undertook it
himself.
Att. Gen. Did the rest consent to it?
Lord Howard, Yes, nobody did oppoBs it|
but left it to him.
X. C. J. Did Veu Boiae the person tbeathit
was to go ?
Jjor^ Howard, He was not so nawed as to
be with any solemnity approved or diipmed;
but it was left to colonel ^nejf to msMUfe it,
and he naming Sfmith as a fit person, (be M
us that by the by not to put it to tbe qpestivi
for our approbation) and some of us knew the
person., others did not. I was one tbst did
know him^ and did'think him a veiy fit maats
send.
X. C. J. Pray, my lord, who was the per-
son ? Be please to tdl the jury so as tbey nay
know it. '
Lord ifoa^arii,^ Aaron Smith;.
Jnst WUhins. Had you any disooorM with
col. Sidney, my lord afterwasds that be wtt
sent ?.
Lord Howard, Yes, my lord.
X. C. J. Pray give an account of fii&t.
Lord Howard. About three or fottr days
after this meeting at my lord Rosseirf , 1 west
to visit od. Sld&iey at ht» house, and wfaile 1
was there in the room, he went to his ^^^^
and out of drawers wIms« there were ^ <*"^|^
in gold aa I could' guess, he took a (TMd
many pieees, T ^ not know direotiy b^
many ; bujt he took out so many as he flvd
•were threescore guineas thathe wasgMDg^
carxy to Aaron Smith ; I went mot in VJ^
ootu^ and therefore w&H away with bim «
Uis ooedi, and hosat me down at SoathsAp-
toB^street at my oum Ufd/pog* ^^^^ ?
furthev, bathe did, and hetcdd me aibnrania
it was clmvey ed to hisQ^ and that he did gs-
JLCJ. How bag WM that after your matt-
iilg at my lord Rustfdl^ whe<e you s^fj^
iMnMtfld ool. Sidaey to sendonein Seodand*
Lord Howard. I think it may bp lf«*^
wedc, tour or five djwrs, tibatfsaw k««2
the mamy. After thw, be Mid^ ha bai#M»
^4
»0f »)• VWti ^ItlAtS, 36 Ch Afcl;ES II. leUr^ffr a MUitftkemkor. ' ( I»7*
Min fiiH moneri afel^ vf^pAie; knii iv^n he
was dispatched, in a week after I was making;
ih^HiH^^ afler him, and col. Sidney said, be
had wA, heard of* htm since he went away ; but
abont a fortnight or three weeks col. Sidney
said he had heard of him, that he was at New-
€»st]e and staid there ; bat he wondered he
ooakl hear no more of' him. I then went into
£ssex,' and when i came back from thence, he
toM me he was come, but I had never seen
him, not to this' day ; indeed T had once ap-
pointed a meeting with him at Mr. West's
chamber; but something^ or other happened,
we did not meet.
Ait, Gen, Wc hare dope with my lord
Howard ; if they will atsk him any questions,
Ihey m^y.
i, Ci J. Tliey know their time, when the
king's attorney has done with any witness,
then they may examine him if they please.
If they will not, call your other witnesses. -
Att. Oen. Will you ask hitn any questiotis ?
Mr. Jones. No, no, by advice they are to ask
Urn nothing.
' Att, Oen, We shall gite your lordship and
the jury an account in the next place, that
inre have traced Aaron Smith- into Scolland.
And for that we shall call some witnesses whk;h
indeed we did not produce before at any trial,
heeause we had nof thcii discovered so nnibh.
We shall bfiag yon the |)erson at whose house
he lay at Newcastle, and tii^e very messenger
that was sent with him to conduci him a hy^
iHtr iMo Scotland. Call^herifTe and Bell.
X. C. J. Look ye, gentlemen, You that are
at the bar there, you must let the jury stand
by themselves. I see there are a great many
others Intenttingled^^ith them, and ^ou, gentle-
men of lAie jtiry,' if any whi<tperer talk to you,
we expect thatyon sfioufd tell us who they are ;
Ihr we will suflfer no remarks to be made but
what are opeiTly made to the court, and the
jury, by the counsel of both sides.
Att, Gen, Swear Sheriffe and Bell. [Which
was done.
Mr. WUthms. What is this man's name, Mr.
Attorney ? Friend, What is jour name P
Witness. My name is Sheriife.
Att, Oen. Pray give my lord and the jury
an account what you know of any person that
lay at voor house some time since, and whether
y<Ni nave seen him since ? My lord, this
gentleman did not kn6w Aaron Smith before,
sad therefore I desire Mr. Atferbnry may be
call^ and e^^amined again. — Mr Atterbury, do
you know Aaron Smith ?
Atterbury. Yes, I know him very well.
AH. Gen. Had this gentiemaR a view of
Aaron Smith ?
Atterbury. Yes, he had. He was brought
yfhere Aaron Smith was, and this other person
was b^ before him too, and I was by when they
Irada view of him.
Att. Gen. Now, pray give an aecovint what
ytm Imaw of the man yon saw.
Soi. Gen. Where is Aaron Smith ?
Atterbury, 0e it in th« Kjiig'fl''beiich
VOV IX.
prison, and he was brought "by Hj^eas Coipus
to Whitehall before the king, where these two
persons were brought likewise, arid there this
man, Sheriffe, did own that Aaron Smith wa^
the man that was at his house ; and the other
Beli; owned that he travelled tOM*ards Scotland
with him^ and that he was hired to shew hint
the way into Scotland.
Alt. Gen. Did Aaron Smith say any thing ?
Atterbury, He would not answer any thing '
at' all, nor say a woixl.
Att. Gen, Pray give an account, Mr.
Sheriffe, who it was that lay at your house, and
when it was, and what he said ^aB his busi-
ness, and by what name he went.
Sheriffe, l^ndeed his business I did not know •
but he was at our house -about tlie middle of
February, it was thereabouts.
L. C. J. When was it ? Wliat February ?
Sheriffe. The last Febniary.
Att. tren. You say he was at your house last
Pebroaiy, pray tell the court where that is ?
, Sheriffe. At Newcastle.
Att. Gen. Do yon keep any inn there ?
Sheriffe. Yes.
Att. Gen. What sign?
Sheriffe. The sign of the Blaek-Spread-
Att. Gen. And what did he do there ?
Sheriffe. He staid there one night and w^
away, and returned agaia in twelve daysdr
thereabouts, and came to my house again.
Att, Gen. Whither did tie go from you ?
Sheriffe. He went aoiithwfffd as I supppsey
I know no farther. '
Att. Gen. But nhen he first came to your
house, which way went he ?
Shetiffe, He went northward towards Scdl^
land, as be himself said, and desired to have
one to ishew him the way : and I sent for th)s
man, ahd when he came to him he hired him
to ^ivith him, and I was by.
L. C. J. When hte first came ta your htnab
about the middle of Fehmary was twelvd^
month, whither was he bound tnen, northward
or southward?
Sheriffe. He was gomg to Scotland, that ia
northward.
L. C. J. And you say, af^er he came bade
again, and lay another night at your house.
Sheriffe. Yes, ten or twelve days after ha
did.
L. C. J, And which way went he the© ?
Sheriffe. Then he came southwards towarda
London.
L. C. J. Did you take exact notice of tire
man?
Sheriffe. Yes, I saw him before his mejMly
andthe council.
L, C. J. And upon your oath, that saute
man you saw there, was the same man that
lodged at your house in February was twelvd-
month ^— ^Sheriffe, Yes, it is.
Att, Oen, What name did he go by at your
house?'
Sheriffe, He went under the name of MK
Clerk, but what his surname was I cannot telk
3Z
107i^] STATE TRIALS^ 36CflAfti.B8lL t6^4,^Trial of Mn Btmpdm, [1076
X. C J. Had he a aerraot widLliimP
Sher^e* He bad a man widi him that staid
at our boose during the time of his going
n(Nrthward.
Att. Gen. What did he caH his name?
Sher^e, WiUiani Lan^on.
AU, Gen, Did he deaare yon to furnish him
witba^ideP
Shertffe. He told me bis senrant did not
know the way, and his horse was a little
lamish, and desired me to get a guide for him.
For after he bad dined at our house, it hap-
pened to be a rainy day, and he could not go
farther that night, and therefore desired m^ to
get him a man that knew that country, and 1
sent tor this same man, and he hired him ;' and
he went along with him next morning, my
lord.
Alt. Gen, Whither was he to go?
SKeriffe, Truly I did not know; but be told
me be dul not know the way into Scotland, and
I directed him to a gentleman's house at J ad-
brough in the way.
L,C.J. Is that the road to Scotland?
Sheriffei Yes, the high road to one part of
ISeotbmd.
L. C. J. Did he tell you to what part or
place of Scotland be was to go ?
Sherige. He named the west of ScotUmd, I
thbk he named Dcoglas, but I do not know
what place be certainly designed for.
Att, Gen, Then where is Bell?
Bell, Here.
Att, Gen, Had yon a riew of this man they
can Aaron Smith ?
BeU. Yes, I bail.
Att, Gen, Give an account, wbetlier you
saw him in the north, and when, and where?
BelL This man, Mr. Sherifie sent for me,
\ lire at Newcastle, and there 1 keep hackney-
.horsf's to fltrre any gentlemen, or be a guide to
them as there is occasion ; and Mr.- oheriffe
sent for me, and when I came, he told me the
jpentleman wanted a guide into Scotland. We
imi^ediately agreed, it was upon Thursday
night before that we call Easter-eve.
' X. C /. When was it, say yon ?
BelL It was the Thursday before Eaater-
sren, so they call it with ns, that is, ShroTC-
tnesday.
L, C, j. Ay, they call it so in tbose places,
because it is the even of the fast of Ash- Wednes-
day, the beginning of Lent. — ^Well, goon.
BelL We went away on Friday the next
moraipg on our jonmev towards Jadbrougfa,
9&d the second day, which was Saturday, in
the afternoon, my borse tired, whereupon he
left me with my horse, and took the man's man
aftke house where he left me, to guide him,
for my hone would not ride up with him,
being tired, and he resolving to go on, and he
bid me follow himou the Sunday morning to
Jadbrongh town, wbidi I did, and we staid
there all Sunday. And on Monday morning 1
saw him take horse, and another man that was
his guide, and away they went,, as I think, he
Mid (awaitis Dougus he was goingi And.he
Kdd me, and I returned again from bin ts
ewcastle, and left him.
jL C. /. Phiy, how far was this? yoo ny
you went with him to Jadbronghy bow 6r dii-
tant is that ftom Newcastle ?
Bell. ToJadbrougb,mylord?
L.C.J, Yes.
BelL It is forty miles, my lord.
X. C, J, How near Scotland is it ?
BeU. It is within some six miles of tks
English boixler.
ju C /. Did you see him at any tisie
after that?
Bell, I saw bun at bis coming back agab^
being at Sheriflb's house, his wife asked me, if
I would go up and see the gentleman that I
went with towards Scotland : so I went op, asd
he made me eat and drink at the table whh
him.
Att. Gen, What name did he go by ?
BelL He went by the name of Cleik.
Att. Gen. Was there any senrant with bim?
Be//. There was a man that came with him
as a servant there, and was all that time at
Newcastle, that he was gone towards Soothad,
'till be came back again.
X. C. J. Mr. Attorney, Did this man lei
Smith at the time the other saw him ?
BelL Yes, I did.
X. C. J. And is that the man that weat by
the name of Clerk at Newcairtle, and that ;«■
went with towards Scotland ?
BelL Yes, it is.
Atterbufyf And when they cbaiged bia
with it, Aaron Smith did not deny it
' Att, Gen. IKd you go any by-road to get
into Scotland?
BelL No, it is the road sentlemea ussalif
go to Jadbrougfa, and so on ;Decan8e it is some-
thing the nearer way to that part of Soodanl,
as we judge it to be, there^nne gentlemen fM it
Att. Gen- Is it an high open read ?
Bell. Yes, it is the high open way to that
part of tiie country.
Att, Gen. My lord Howard, P^y, weretba
namea of any or the Scotchmen mentioDed tf
your meeting that were to bo sent for?
Lord Howard, Yes ; there was my M
Melvin, sir John €k>ckram, and one CsmpbdL
Att. Gen. Now, my lord, we will give job
an account, that as Smith went into SoouDdy
so these persons soon after came into Engfani
Juryman* My lord, we desire that my M
Howard wonkl name thooe Scotchmen out
were to come.
Lord Hothard. There was my lord Mehis,
sir John Gocknuui and one Can^ibell, one that
was of my lord Argyle*s name and hunily ; un
there was another name, but I cannot reniaDktf
what that name was.
AtL Gen. We shall |;ive yon an a»^
my lord, that they came immediately *^^
to town ; and at the breaking out of the jsot
they absconded.
L, C, J. Mr. Attorney, Has wq kdB^^
ard his pardon ?
Ait. Gen.. Yes» my loid, be baf.
Ixffd Howard. I caoMt tell but they ma j
•sk me some questums.
Att, Gen, ^rhea you may be uncovered
vfheo they ask them, in the mean time your
rordship may be covered. Swear sir Andrew
iFoater. (Which was done.} Pray, $Hr, will you
tell my lord and the jury wnat you know about
the Campbells, and sir John Cockram's being
in toWn. Or any other Scotchman that you
know of.
Sir A. Foiter. Hjr lord, I did seetbose gen*
tlemen in the beginning of last summer. Sir
John Coekram, and Mr. Monroe and Campbell
tbe son, I did see, but the lather I did not, but
I do know he was in town, though I saw bkn
not.
AtL Oen* How do you know it?
Sir A. Fatter. I had messa^ from them.
L. C. /. Sir Andrew, you say, you saw si
John Coekram and Monroe?
Sir A, Foeter. Yes.
L.C.J. Didyouseeany body else?
Kr A. Foitet. 1 saw sir George Campbell the
snr
Att. Oen. What became of them upon the
discovery of the plot ?
Sir J. Fottcr. Sir John Coekram did ab-
floond, and Mr. Monroe was taken into custody.
Att, Gen. What became of the others ?
Sir A. Foiter. The Campbells were both in
eustody.
Att. Gen* Did you see any commission
Ihey had?
Sir A. Fotter. I did see a oommissuHi that
air John Coekram had.
Aft. Gen. What was it Air ?
^ A. Fotter. To make a nurchase of some
plantations beyond sea, I think it was Carolina.
L. C. J. Ay, where my lord Shaftesbury
liad an interest.
8irA.Foiter. It was some of the West In*
dies.
Idxd ^owar{L• I did omit that passage, my
lord
a077] 'iSTATE TRIALS, 36 Cll ahlbs \l l6H.--fir a MUianeanor. t H>7k
X. C. J. Then your lordsMp may be co- Serjeant having notice of diem, had beat vkf
▼ered. their quarters, and tht^ were endeavouring to
escape by water ; . but they were catclied.
There was sir Hugh CampMl, and Bayley
and sir George Campbdl, and some others, 1
know not the names of them all ; tmlv 1 can-
not tell wbetiier Monroe was not another, but
sir Hugh Campbdl I had in my custody, «n4
Bayley was immediately committed to the
Gatehouse ; and the rest of the gentlemen |
afterwards took in a canning hSa by Moor-
Fields, in a bade house. And when I cama
there, I found diem lymg on the bed. m tbe
middle of the day ; and had thMi prisoners in
my custody two or three months ; and then
they were all sent out of my hands into Soot-
hmd, prisoners. Six of them there were, my
lord, that i saw. ■
Att, Gen. We have done, my lofd, only we
desire that a word of record may be read.
Mr. WUliame. What record is it. Sir?
AH. Gen. Of cokmel Sidney's attainder.
Mr. WitUmnt, My kml, we shall desire your
judgment, whether that reioord ougMto be read
agamst Mr. Hampden ; I perceive by Mr. At-
torney, that is a record of the conviction of Mr.
Sidney^ which ought not to be*|[iven in evidenoa
against Mr. Hampden upon this indictment.
Att, Gen. We make use of it to shew how
upon former trials upon this evidence, verdicts
have gone.
Mr. Williamt, We are in ywaar judgmentp
my lord, jf by law it may be given in evidence
against Mr. Hampden, who is neither part|r
nor privy to it, nor' indicted for the same of«
fcyoe.
Att. Gon. Let it atone then.
L. C. J. Well, Mr. Altoniey does not pr^is
it. What say you to it, gentlemen, for the
defendant?
Mr. Williatnt. May it please ywu lordship,
and you gentlemen of the jurv, I am of coun-
sel for Mr. Hampden, the demdant, upon this
indictment here before yon. Tbiainoictment
is a severe indictment: it is a very high crime
of which my client is accused, now far the
evidence tends to reach it, you have heard ; and
I shall, with the patienoe of the court, paiticu-
larly observe it to you. ^ But 1 sliall first speak
to the indictment itidf: It saya that Air.
Hampden, being a person of a turbulent di^«
sifbn, and seditiously intending to disturb and
diranietthe king's peace, and to stir sedition,
and to bring the government into dang^, did
conspire, &c. As to this matter, gentlemen,
there is no manner of proof of what%e indict*
ment charges, as to the disposition of the per-
son aocnsM; nor that he had any other design, ,
than what my brd Howard hath now sworn*
Thenitsavs further, that BIr. Hampden did
consult anooonspire with divers perMms to eie-
ente these puiposea ; and particutorly for th«
making ana raising an insurrection in the king*-
dom. Thia is laid as the particular foct; and
forthis purpose he dkl ftuther conspire with
several pcnons to provide arms and armed mm :
and for their fulfiDing of thii, ha did ^wtheK
Att. Gen, Pray, was it discoursed then,
what should be the blind for these gentlemen
that were notorious dissenters, that they should
come to town from Scotland about ?
ld»4 Uaaford. It was to carry on a plantation
in Carolina. The Scotch gentlemen were
peisonally known to my lord Russell only ; and
my lord RnsseU was to write theletter to them,
and, I suppose, did.
Att.' Gen. Mr. Atteihnry, What do you
know ofthese Scotchmen coming to town: and
what became of them afterwards ?
Atterbury. My lord, about the beginning of
July, 4th, 5th or 6th, or thereabouts, I had
some information. That there were some Scotch
gentlemen that had been shifting up and down,
and at that time were about BlacL>Ffiam, lodged
there seeretly. I immediatdy went with the
king's proclamation, and some warrants that I
kad to apprehend some traitorB that were fled :
amlwhaii I canaey I fond that Mr. Common
1079] STAT£ TBJfcOJS, ^Cuas|.E8 IL l6^4.'^Trud ^Mm Bmfieii, {tOlO
cQiisiiIt wiA ^i^eml peraons, tli«t some persons
«hottkl be seat kilo^Soothuid to stir up the )dng\
subjects ia Scotlaod, to a c<mcuireDce ajid ocm-
Jfioctiqa with aotne people ia Eo^land, about
this his evil design. How far this iodictment
is proved upon the defrndant, ffeotlemen, is the
^peslioa be^N» you. He aas pleaded not
ifuilW, and hopes to satisfy you he is not.
<>eDUeniea,as to wliat evidenoe has been givea
yon 80 fiur as it is positive and affirmative, 1
mean tht testimony of niy lord Howard; iu
that part, if is imix>9tiUe for us tliat.are of
cowwel for the defeiidant 4ireedy totxiotradict
liim with prool^ or lo give a direct^ positive
J|roof in answer to it; I say, it is impossible
or us to contradict him, who gives such a po-
aitive evidence of lact. .hy the evidence of
my lord Howard he tells us, there were six
yersons-in this council, as be is pleased tp call
them. By this evidence, three of the six are
dead, mv lord Ru>seII,. coL Sidney, aud the
earl of Essex; he himself is the hNirtb. the
defendant the fiilh, wh<> cantaptgive eviuenee
lor himself; and the duke of Monmouth, who
is the iiixth, being away, there is nut any per-
mn in beio^, that should ountradict my lord
Howard's afiurmatire in this part of bis endenoe
but the «luke of Mi)umouth« whom we cannot
Imvo hesa, since by the evidence, Bir. Attor-
ney ^iyeneral oould not prevail to have him at
this trial ; thereiure proof of that nature can-
^^ be reasooablv expected iiom my client to
acquit biuiseir oy a pasitive contradiction dt
ivhat my lord Hotrard has sworn. Then, in
this case we must, as in all cases where a per-
son i\>!^s swear (lirectly against a defendant,
eatieavQur to satisfy and persuade yom- lord-
abipaiid tliejury, upon circumstances arisiLg
out o1 rhis tW't, sud further circumstances at-
tending* the fdct, 'I lid by probable arguments
and reasonabk inductions out of thfe evidence,
that this gentleman, the deteadan^ is not guilty
of what be is charged with.
In the (irfit place^ we shall observe upon the
testimony of my lord Howard, that as to some
things be is very, positive and particular: he
has an incomparable memory, and speaks par-
tionlnriv lo persons, partacubirly to places and
pnrticubrly to times. But, gentlemen, as to that
which is tiie principal part of his evidence, and
which most affects the delendant, and wherein
itcQn«%rns us to contradict or disprove him, be
is wanting as to th^ circumstance of time.
Ue that is so exact in his memory as to other
cii:Quiiistanci.>s, is not positive, nor any thing
like positive, as to tlie timea of the meeting.
For they would imagine, that the first meeting
the detbnd&nt was couccnied in, was at his own
lu>iifi& He. describes the house and the place
very exactly, but as for the time, lie only says
it was about the middle of January : he carries
other thitlgb in his menioiy positively; and<
wheiher it might not be expected in a case so-
remarkable as this, and which. so nearly and
iughly concerned himself, that he should be
aa paitioulsjr in the time, aa he is in other
,joa may. rationally judge. HisioEd«-
^p sometimaa ia veiy narticabr as to litaiei
he telhi you in his relation about my M
Sbaflesbury, that his aoing ta him was ea the
Saturday- ailer Michadmaa day ; and then be
pursues it to the second and third of Qelsber.
He is positiie to many.. aeveral' days; apsn
which I would observe, that he beiBg partica.
lar to a day, as to other thinga, may weH he
expected to be ready (if it be true) to be aspsr-
ticular as to the tmae of this meetin^f :• bit
tberejua he ia to saeJr ; he ia iloubttui at tetbn
And you must give us Icav^, {pntlemtn, to
owke this obamratieB, that since be viil
not be particular to that time, we do ap-
prehend that he gives himself a lilie loaw;
that we may not meet with him to ma^
tradict him in that circumstaaca: Far if be
should be positive therein, as he is in the olbtr
ii.atters that aoncem not the defeadaal^ we
might perbapi by ohmr pn^DantcinximiisiKei
contradict^ if not disnrove his tosdahip, that it is
not probable (if posBible|) it shonht be true ifhet
he affirms. But, gentleiQen, we must insver
it as well as we can ; and aince he is so cad-
tiQus, we must meet him hy aignmentain unk
ther way. Another things we should obeent
MPeu my ferd's evidence, is thin; that aiy M,
iiio\igh he be particular as to many Ms lid
things relating to my ferd SbafiesbaJT, irbne
he names other particular penons, I duakeoL
liiiinsey and Wak:ot, and names thepavticuhr
discourses, paiticularly instanoingi la tbsn,
between him and mv lonl of Shaftesbury, be-
tween him and Waloot, and between bin and
other persons ; yet he has not made use of any
one circumstance of fact in this case of tbeie-
fendaut's now belbre you, that does joitify
what he hath said^ aavo only that of Asroa
Smith ; not any one circmaatance of iact So
that there is no more tliaii the bare sabring of
what my lord Howaid.is pleaaed to debser,iM
more than his oath, nay, no more thsa bis ob-
servation and inference of. nmch oC vbat
passed in the company of several persoss,
without any concunmi^ circumstance in fM|
lo justify or oonfiim his testimony. It ongbl
have been an easy matter, if aH that aiy m
Howard says was true, .that there waasiMba
meeting at Mr. Hampden's house by seek aotf
such persons, to prove, thatauch persons or some
of them, met ttiere. But that there shoold
he no person to prove, that these geadooieO)
or any one of them, met there ; .nor any otbei
fact or circumstanee ui the world, to g^^'f'^
with my lord Howard to justify biasasef**^
is very wandovlul, and may u^ make itdosbt-
fhl that it should not be true: and therslbeiP,
gentlemen, (if it be tiue, aa my lord ^^^^^"^
would have, il^) beeauae there wes a socond
meeting, of aU these pereona at my lord Bos-
sell's^ which was'SopublicandopeDapbee, SB*
Jietnoman- to oenonr oc ^ aldDg- aeth iQf
ord Howand in any one thmgv; no particw
iact assignsdito justify .fan testimopy'Sa-to ivo
meeting, is sirarge, if it be tme. ^^^
ISO. theut gentleaaen, then ia oe MC. ^^
what my knL UiMriidihaa sfmniy witbett^^
Itm] STATE TRIALS^ 3&C9 AfttBB II. ]fia4^*^ a StliietiwnM. [um
.^atoiniunilAQitetalMick it) t» prove t|M&de-
feadtnt goilty. >Iy Ion), t»liiDf thb upon the
. fiHiiii of my lord Howard's e?idenee, it will be
.jpEeHTbara too upon tbe «»t|ire of the fact,
thftt lie 18 pleaaed to prove against this gentle-
naa, to make an aoswer to it: And trul^^, I
Ihiok as hard ior you to believe it. Seotlomen,
lie would imagine, that there should be lAeu
mined, weii armed, a discourse of laoney, and
.Ibia done as he would h&ve it, about tbe middle
4if January ; and yet notjbing at all done,
tlMM^ there appears no manner of discovery
-of this very coiitri^'auee, till about J uly . Nei-
ther is there any thing done in order to tlie
misiDg of men, tbe arming of men, or the
ieryiag of money all this while. 80 that
there is uo one tact of any kind wbaChoever,
that goes along with what my lord Howard
has said.
:. My Jovd, and gondemeu, another Ihiog we'
would desire to observe, is this, and here we
.shall begin with what we have to say, as to
•ur owja arff umeuts and cireiimstauoes, that we
have to take olf koiA the testimony cimy lord
H<Qwax4 in this caae : In the first place, it ap-
:jfgtLT% by -the evidence of my lord Uowaro,
iliat he waa very deep in a conspuucy against
the govemnMDt, and to make a dbturbance in
thelungdom^ long before this that he now
■peolrw of against the defendant, that is pkin
«MHigfa,for hcrteUa y«u, thaa my lovdof Shaftes-
bury and he, at Michaelmas, were contrcving
lalprpjacts to overturn the government, and raise
a rebellion. It appears plainly by his endeoce,
Jthat my hard. Shaftesbury, when he kfi his
hause was reaolved dpon it, and my lord
Howard was very aoiicttous to carry on the
same design ; nay,, he was so active in it, that
he tetis-you, thM be did create messages be-
tween my lord of Shaitesbury and tbe duke
oi' Monmouth, and would needs go by a false
Insito nation oB his own, to doaw in the duke of
Monmouth, by tsellinghis grace,- bis infbrnsa-
tioB he had from Walcot, and not saying he
came from my loi'd-ShaAeabury, with whom he
aays he had been discoursing ; but he would
put it under some sort of disguise, the better to
prevail. Ho that it appears my lord was very
faiminal and -guilty, in thiircase. Why then,
gentlemen, py lord being so highly criminal,
and them being a discovery of this conspiracy
hj Keeling lukd Rumsey, and West baTing
Made a-more manifest disoovery, and this bap-
neninff in July : Then it was lugk time my
R»rd Howavd roiglu conceive for hini to secure
himseM-^ aid*, save one, h^ being thus guilty,
as he declares : It is but reasonable to conjec-
ture, ha then began to place his security In a
pankM ; and that there were no other means
t^ save his life, and that the way to it must be
by !jone farther discovery of a conspiracy
against bia ini^esty and'the government; And
Iwving sinMahlained a pardon, it is agreeable,
l|jat wlMlBoevier my lord Moward baa done in
^iacase^ he baa dona for bis own sake, to
puncbase his ovm pardon, fbr a traasoii he was
9g» dMjp'i^ y aad4a<out-do all th» witnoaca that
w»nt beive him, bv iMh teatimalnr w^timt
the ddendant and others : This might iadine
him to go an inch or two, or more, beyand
tbe dtscorery of Keeling, Weat, wad Rumsey;
to have but said the same thing Uiat vna proVed
by three or four witnesses before Um, migfat
not perhaps have availed him : May not the
indifferent believe it in this case, to be tbe in-
terest and aeourity of my kird Howard, by
these means to merit his pardon ? May it not
be believable, that what he halh said, he hath
said only for his own sake, and that he has by
exposing this gentleman, and tbe blood of
others, procured himself a pardon ?
X. C, J. What do yon meaa by that, Mr^
Williams ?
Mr. Williams, By- being a witness against
tbe defendant and others, he has pracund hia
own pardon.
X. C. /. Thatisalittle hardi eaqNtsaian-^
Mr. Williams. My lord, I explain myself
thus—
L. C. J, It is an harsh word and (00 raundly
expressed ; you had need to explain yom'saU^
it is a iitUe too rank, as thoucfh the king^
pardon were to be procured by blood.
Mr. Wiilifimu My lord, I intend Boilhing «f
hardship «r amiss, but to sneak accor^gia
my instrucdons, and to naaae tbe best ahoap
vationsi can, out of tbe evidetioe of my dicnt:
I will eirpvess^myself as well as I can, that'my
lord Howard being a witueas against men in a
case of this high nature ; aad there being othet-
witnesses before, and besides himself to tha
diaoovery of tlia late conspkraoy against the
government, it concerned bmi to give an hoaie
evidence in tbe case, or else be could not have
any nrpectation of bis pafdon : For if he had
done no more thaa what othera had done beibve
him, when there were three witneases besides^
and they bad got tbe start in the discovery, hia
discovery hadheen in vain; andtherelbrelie
was concerned borhaps to strain, that he might
make such a discovery as might answerliia
end' ; and this will arise naturally, I suppose,
out of what has happened in this case: For it
seems, though it was something long before
he got his pardon, now he baa it. My lord,
anottier thing is this. How fiur my lord How*
ard will be credited in this matter ; we shall
kMive his credit to you, geodenen, upon what
we shall prove. For we shall Aiake it out by
persona or n^eat honour, and perM>na of great
integrity, mat vpon discoume concerning thni
conspiracy, my lord Howard did declare, that
be knew of no persons that wera guilty of
having any hand in it ; he declared it upon hia
honour, he declared it upon hia nebgioUf and
he used all the aaseverations that were possible
fbr a man to oflerto malm himself beberedl
My lord, it may be objected, aa it baa been
sometimes, that that was t» out^-liEuie the oon«
spiracy, and so stop tbe pnaeaution of what he
knew himself to be guiky of: Biit? however,
thqs ibr we may make use' oil it for the de-
fendant^ that if my lord Howard u«hild in th»
of tteamu, pawn* hia hapajiy hj^lniai^
i079] STATEIUAIS, 3€CilU[.saU. l6&i.~Triai^Mm
tronsuil with serei'a) persoan, tliiit some persons
«bould besent inlo tM-olkOil tosiir upthc kii:);'*
■ulijek'ts in tjcollauil, to a coDcuireiicc and cun-
junctioo with boiih- pF<>|i)e ia En'^aotl, alwut
lliis hia evil daiiKii. Uuw lar tins iuilicuiicnt
is (irOTRtl utmn the ilefrodnTit, ^nllejuen, is the
question bcti>ie yuu. H<; hits pleuiled uM
fTuiltv, and hopoa to sillily yuu he is net.
Vunuemen, aa to what evidcace has ^eea given
yca» so for as it ia positive and aitirmative, I
ueau tlw testimony of luy lord Howard; in
that part, it ia iin|iotwi|itf for us that. are of
coansel for the detbo^I directly tocootFodict
bim with pruof, or to f()ve a uirpct pontive
proof ia answer to it; 1 say, it ia impomblc
ibr us to criDtruiiot hiiu, who t^ves such a po-
sitive evidence of fiui, .By the evideoce r
my lord Hoiruil he telh ui, ihorc were
peraouH in this council, a« be ia pleased V
them. By tiiia etMeuce, (brae of iJie
dca^ my lord ltu'-«-ll, coL ^dney, ,
earl ol Kasex ; he hiituelf is the f - .or if
detmbat the fiftii, wh > cannot i^'r ^\ waa
tiir hiuiaclf } Mid the duke 1^ Hi' ^dnJiand
is tlie htxtli, Wmg aiv&y, liiare ., Wiall have
son in livinsf, tlut shuiiid
Huward'diillirnialiveiailiia ,'"
hm tha dulie ot Mu.xuoa-y''^''
kave hue, since t.y tli* ;. '■^Jlari, it did not
ne^-Uuiend could do' ./i^ofcolanel Sidney,
'■•■- *-■-' ; iherotijrt v^^^Jw*! •*•■* *"/ '""^
-- li'lv ■ '-'J^Tc^ottel Sitoey Ind
:.^ia. ||' fi .i* ^ji be proved by wit-
lurU ' ^r to be presumed, he
ui' J- .,•1'" tiis o™" lestinMDjr,
»' , tnoir'n? of, thaa of any
f . , ,, (i I triai. Now, how tbu
!' ^ ■„,, ; [r can solve tilia, and how
■^' '■ ; ^. oaih, and his honour; I
.--; •'" i.i.r. ..■entlenten, to judge of it
' ' ' : (her matter to say, that
have very great weight:
cm
.^p fcometimaa ii very pailrv^ Al it liO At
he tells you iji hia i^'/ f Tnhr,bk
Kbalteabury, that bi« ^'i, ^ jbooU tail ikl
Saturday after Michf.'// ' To teiti^ At
purmiesidollietr/'// Af of evay UoBt
lie ia poeitiie >".'>- itcn have died ftr the
Ur Id a day, ' /// fftfortbetnitb. N«w,
ipected ir '', , ■/ / «■ that any n
ticttlara''.
.'./ .wi.7chi7V
Iheroo ,,
''- true teatimony
And ■
^d suppon the
»•>
/^inuJid
>iir!icirilhav«Ty great in-
' ''" man being sp^tking of
t' ^^^,D(vii7ii:, &|«akiiwof etcrni^, spcait-
^'^ginuoartalit^of tfiesoul, speekintrof
^'^^^[tbaod ptmishmeDts of anotho' life;
^^pj Howard should tay to him, • How
*^ iriit thou persist in this folly f How limg
'■j, ihou be BO foolishly prevailed npon, ae
,'((1 bflievo the world was ever made, or will
,'«!«■ I""'* ^*''*'^ ^"i iord^ifapemonbeof
f(„t opinion, (and a pian'ajadgment inaucb
,],iiigsivilldiscDver ilsdf in bis words) how hx
tbe testimony of a man of that persuasioD shall
joaucQce a jury when he stands sin^, when
there is no tact to justify him, in point of pro-
[oble circumstance, wiU be easily oboervabte,
and I must leave it to tbe gentlemen of the
jury to consider.
My lord, we have another saying of my
bird Howard's, whidi we shall give you an
account of in tbe pioofs, and that naa in rela-
tion to bis pardon. Being free in discourse,
aa my lord ia a man very liboral tliaf way, and
h>* fiiend enqtiiting whether be had hia pudm :
.alhertobe taken m thiiBnK,ail»
, that be did strain a little to ntlke ^
ety the more profitable to him; nJM
jsay more (so far I may safely go) Ihu uy
je else did say. And, my lord, this b Iktf
that 1 nonld observe ujiou tbe first part of tk
As for that part that oottoems Aaron SmjA,
the evidence given hy SberiSe and Bdl, 1 wit-
mit that to your lordship, bow ftr that eaa u^
way affect Mr. Hampden the defendant III
introduced to fort^ tlie testiinoDy af tn; M
Howsrd, and it is introduced by bknself tbai:
That at their meeting al Hr. Hampden's boiM^
badftoi
meeting at my lord RusselT'a
farther di
dertaketc
xi»k
Sidnndidn-
send thitlier; imI
a person was named ; he does not ny Kr.
Hampden was ooooemed in it, or tbai Vr,
Hampden named the man, tv any thing paiti-
cular as to Mr. Hampden, mi>re than taatbe
was in the company. Mr. Hamjidenbadss
hand In the uodertsking, or aettdu^ kin >*■*
Scotland; that wasshi^^etbertbeMrtor Ur.
Sidney, save this, thai he says mv WBbnJ
writ the letter that was Itt go by bim. Itdow
not appmr Hr. Hampden was at all noccnM
in it, but oidy was there.
L. C. J. And oonsenled to it. -
Mr. WiUiamM. I vrouU not stiain aoy tbisg,
my Iwd, liirther than the evidence is.
X C.J, NordonotDiisrepealitMithcr.
Mr, WHluata. I design not any sack Hang,
my lord.
£. C. 3, But you do tbougb \ for he »w«r»
it, every one of them consented.
Mr. Wiiliamt. By silence it most kett*
For he does not say, that he said any tmif-
He aweais only colonel Sidney undoW »
manage it, to send a person; andmylordBi*
sell lo writa the letter.
L.C3. And all the rest cwsMiledUrt-
Mr. ffi/iianu. What is mcwit by coos*
when nothing was said, I must leave to ttj
jury. I must agree,. the Iwd Howard 4*
a wear, that my client waa in thar company, W
how farhedi'd, or did not consait, *>« *" "
^pear, and how fer this will (:i>"^ "'
nl, 1 must leave 10 y«o, gentlemai. B*
the proof, as to this matter, stands d»»l »|
^ STATE TRIALS, SS Cbaeibs
^^be went ptiblidy^ Now, my lord
'^^ ys, that he went to agitate a confe-
^^ ^ the malecoDtents of Scotland,
^^t^ ^land. .Now it is strange, that
^ ^^ to agitate snch a oonoern,
^%' ^t, **h a genrant to Newcastle;
►^^^^ ^IL^ -^wn again; and of his
^ ^ was going to such a
** it so in fact, will
'*ig was done be-
^ about a con-
HI any man
ad of rate,
ud tell whither
^ ^ % \ ^^^^ '^^^ ^^^ ^ point
u ->^ ' ^ -^ ^^"^^z **^®^ J®*» ^* Aaron
% .. ^< \ \^ . That he came within
V^^. ^ ♦ ..TS of Scotland, is proved ;
. ^ ^ ^ jd he was in ScoUana, or did
^ \J^ aspiracy there ; or did any thing
r ^ go within six miles of the borders of
^ .(1. But then they would press it fur-
., and they saj, that there were some Scotch
^"jntlemeD, that m the summer came hex« into
Sngland, and that they hid themselves when
the plot was discovered. It does not appear
my client had any conversation with tnese
Scotch gentlemen, or any of them, or was ever
io their company. It is a very remote infe-
icDce to bring any thing of this to affect my
dient in this liigfa charge.
My lord, we shall add one thing more to dis-
prove that part of the Indictment, that lays ibs
imputation of turbulency and sedition to the
charge of Mr. Hampden ; and whidi also wOl
«hew the improbability of his being concerned
in any thing of this nature. We Ishall prove
him to be a person of a sober conversation, of a
retired life, and studious disposition ; and as an
evidence for the defendant, we shall prove, that
he in October 1680, left England for his
health's sake, and went into France for the re-
covery of his health. He continued there till
about Michaelmas was twelve-month, then he
retamed. It is true, he continued in England,
fiom Michaelmas to the time they speak of;
but we shall make it plain, that in February,
my client, and my lord illontagut' had adjusted
matters between themselves, to go the begin-
ning of summer again into France, there to
continue and abide some time for their healths.
Here is a strange kind of imagination, that this
contrivance between my lord Howard and my
lord Shaftesbury, that was going on before this
time, and that was disappomted, and my lord
flbaftesbnry went away, and afterwards £ed in
Holfa^, was taken up by my client, and tiios^
olhi^' persons, when my client, as we shall
Mve^ never intended to stay in Engtand. My
lird, he was a parliament man in both the last
Morliahnenti, hnt appeared in neither of theni^
mmf all the while m France for the recovery
of his health. We shall prove him to he one
fUdiottsly incVned, that he lived a retired life,
' and kept very little or no company ; and you
will hear mm persons of very great honour
and. quality, thai be is, as to his person^ a^d at
II. i€%4f^fot a Misdemeanor. [I08ff
■
to his opinion ; and then we sh^ submit it to
you, gentlemen of the juryt whether you can
believe him guil^ of this ne is charged with,
which is your issue. You are to try, whetlier
he be Guilty, or Not Guilty, of the crima
charged, in tfie Indictment.
Mr. Wallop, My lord, and gentiemenof tha
jury, I desire to make one observation before
we call our witnessies. • ^
L. C. J. Pray do not take Up our time alto-
gether in speeches, but go on to your evidence.
Mr. Wallop. I desire to observe hoi' on«-
thing, my lord.
X. C. J. Make your observations at hutt, but
spend not our time in speeches. I know you
will expect to be heard at last, and so you
shall, whatever you will say.
Mr. Williams, Call the earl of Angles^, tha
lord of Clare, and lord Paget, Mr. Docas.
{Who appearing was sw<Nm.^ Now we hav»
iim here we must begin with him, my l<n^.
Mr. Duces, pray what did yon hear my lord
Hoi»ard say at any tirocconoemin^ this con-
spiracy, and who were concerned m it, and
who were not ?
Mr. Duau^ My lord Howard came once to
the house of colonel Sidney, I believe it waa
about eight days after the imprisonment of co-
lonel Sidney; and when he was in the house,
I asked him, What is the matter, my lord ? He .
did answer me, he was told there was a plot
against the king and tiie duke, and one general
inaurrection to be made, and that colonel Sid-
ney seiit a man into Scotland, to which thing
my lord Howard sware, l^iying his hand on his
breast, saying, * God knows all things, and
* God knows 1 know jiothing of that; and I am
* sure il* colonel Sidney had known any things-
< he would tell me ;' and 1 said, what is the
matter, my lord? Are you afraid? And he
made answer to me, ' No honest man is safe in
* his own house, I pray you lend me a bed to
* lie in.' And he asked me about the goods
of colonel Sidney, because of the plot and such
things, and he desired to have them removed to^
his house ; and he said,- rather than go to tho.
Tower be would do any tiling.
Mr. Williams. Speak a^m to the jury thai
did not hear you, what said my lord Howard
to you?
Vucat. He said, rather than to be a prisoner,
again he would do any thing.
Mr. Williams, Whp to be a prisoner again ?
Ducai» My lord Howard.
Att, Gen. What things were spoken of?
Ducat. He said he would do any thing.
Mr. Williami. Were you speakmg of the^
conspiracy? Of the plot?
ifucas. He speka of the plot, and seid ho>
knew nothing or it.
Mr. WiUimmi, What did he say, l%r ?
Ducoi. He said to me and swore, he Joww
nothing of it, and called God to witness.
Mr. WUliams. Pray, did he tiien aay ha
would do any thing rather than go to the.
Tower, when yon wert talluog of th^ plot ii|4}
conspiia^?
1083] STATE TRIALS. 5$<:haele$ II. IjSS^Lr^THal ^ Jokn Hmfim, [im
liis oonsaenoe* tod his religiaD, to assert diat
which was not true, and uwler all those tows
and eoflmements affirm an untruth ; ftmao that
would deal so, and speak an untruth with that
solemnity, I think, is not a person of the same
credit, as a person of certain known truth and
▼eracity. For if a roan ViH say one thing one
time, and that with solemn vows add assevera-
tions, and swear another thing quite the con-
trary another time, he does not stand so fair
Ibr credit, I think, as he that always main-
tains, and avows the truth. So tar we may
make use of it very safely, 1 think, as to my
lord's credit.
My lord, another matter that we have to
urffe^ is, that since the trial of my lord Russdl,
and since the trial of colonel Sidney, my lord
Howard has in discourse owned, that my lord
Russell died innocent. If that be true, it will
have a great weight suoe with yon, genUemen,
to discredit my lord's testimony : For then he
hath contradicted what he hath sworn. For if
my lord swor^, that my h>rd Russell was
gwlty, as all the world knows he did; and
afterwards soberly, and oublicly, shall have
said he died innocent, he has contradicted his
own evidence, and his own oath ; and sure is
not to be believed as to what he swears now
•gainst the defendant. Mv lord, it did not
Mt there ; but since the trial of colonel Sidney,
it will be proved by witnesses ; that my lord
Howard did declare that colonel Sidney had
hard measure. This will be proved by wit-
nesses ; and it is rather to be presumed, he
meant hard measure as to his own testimony,
which' he was best knowing of, thsA of any
thing else as to his trid. Now, how thu
person of great honour can solve this, and how
It can stand with his oath, and his honour ; I
vHll leave it to you, gentlemen, to judge of it
My k)rd, I have another matter to say, that
with me seems to have very great weight:
Mj lord Howard, upon some occasions has
said, beinff in discourse with a very great in*
timate of nis, and the man being spring of
the world to come, speaking of eternity, speak-
ing of the immortaii^ of the soul, speaking of
the rewards and punishments of another Kfe ;
my lord Howard should say to him, * How
* long wilt thou persist in this folly P How long
* wilt thou be so foolishly prevaded upon, as
* to believe the world was ever made, or will
< ever have an end?< My lord^ if a penion be of
that opinion, (and a paan's judgment in such
things will discover itedf in his words) how hr
the testimony of a man of that nersuasion shall
Influence a jury when he stanas sin^, when
there is no fact to justify him, in point of pro*
bahle circumstance, vriU be easily observable,
and I must leave it to the gentlemen of the
jury to consider.
My lord, we have another saying of my '
lord uowanl's, which we shall give yon an
account of in the proofs, and that was m rela-
tion to his pardon. Being free in discourse,
as my lord is a man very liberal tlia£ way, and
^ friedd enquiriiig whether he had his pardon :
'^o,' says he« < nor I camiot have it till Ae
* drudgery of swearing beover.* Tndy, hh
a very odd thing, that a man should call tbit
drudgery, that is his duty. To testify the
the truth, is as much the duty of every booest
man, as any thmg dse. Men havedied ibr the
troth, and welouc upon those as martyn, aad
thebestof martyrs that di&ibr tbetruth. Nov,
that this nobie'lord, or that any maa should
call this a drudgery, which is so maoiibta
duty, by giving a true testimony to preimt
the king^s life, and. support the govemment
againit the oontnvance and oonspirades «f
evil men, is but an odd insinuation, and trolj
I think IS rather to be taken in this sense, as to
iny lord, that he did strain a little to make fail
discovety the more profitaUe to him; and ss
did say more (so far t may safely go) Uian soy
one cue did sav. And, my lord, this is that
that I would observe upon the first part of tht
evidence.
As for that part that ooooems Aaron Smith,
the evidence given by Sherifiie and Bell, I tab>
mit that to your lordship, how far that cm «o^
way afiect Mr. Hampden the defendant It n
introduced to fortify the testimony of my hxi
Howard, and it is introduced by bimsetfthsi :
That at their meeting at Mr. Ham^en's hooR^
there was a discourse ofsomeaasutanoe to be
had from Sootbnd ; but savs be, at the second
meeting at my lord Rusoelrs, then it came to a
further discourse, and colonel Sidney did un-
dertake to name a person to send tbitiier; aad
a person was nAmed ; he does not say Mr.
Hampden was concerned in it, or that Mr.
Hampden named the man, or any thing parti-
cular as to Mr. Hampden^ more than that bo
was in the company. Mr. Hampden had do
hand in the undertaking, or sending him into
Scotland ; that was altogether the wt of Mr.
Sidney, save this, that he says mv lord BoaMll
writ the letter that was to go by nim. It docs
not appear Mr. Hampden was at all coDoened
in it, out only was there.
L. C. X And consented to it. -
Mr. WilUami, I would not strain any tbingi
my lord, further than the evvlence is.
L. C. J. Nor do not misrepeat it neitbor.
Mr. Williams. I design not any such thiogf,
my lord.
L. C. J. But you do though ; for he swaan
it, every one of tnem consented.
Mr. William, Py silence it must be then.
For he does not say, Uiat he said any Ihinf •
He swears only colonel Sidney undertook to
manage it, to send a person ; andmy lord Rua-
sell to write the letter.
X. C. J. And all the rest consented to it
Mr. William, What is meant by conoot,
when nothii^ was said, I must leave to w
jury. I must agree,, the lord Howsid Ad
swear, that my cli^t was in their oompaDyybat
how far he diil, or dkl not consent, doe> not at
all appear, and how fkr this will ^^'^''^^
client, I must leave to yon, gentlemen. Bw
the proof, as to this matter, stands thus; that
Aaron Smith was at Newoastle, ia Fchi«i7
dient in this liigfa eharffe.
My lord, we shall ada one thing more to dis-
jpro?e that part of the Indictment, that lays the
imputation of turbulency and sedition to the
charge of Mr. Hainpden ; and which also wOl
^ew the improbability of his being concerned
in any thing of this nature.. We tehall prove
him to be a person of a sober conversation, of a
retired life, and studious disposition ; and as an
evidence for the defendant, we shall prove, that
he in October 1680, left England for his
health's sake, and went into France for the re-
covery of his health. He continued there till
about Michaelmas was twelve-month, then he
returned. It is true, he continued in En^and,
from Michaelmas to the time they speak of;
buf we shall make it plain, tiiat in February,
my client, and my lord Montague had adjusted
matters between themselves, to go the begin ^
lUDg of summer again into France, there to
continue and abide some time for their healths.
Here is a strange kind of imaginauon, that this
contrivance between my lord If oward and ray
lord Shaftesbury, that was ^ine on before this
time, and that was disappomted, and my lord
fimfteslHuy went away, and afterwards med in
Holfa^, was taken up by my client, and Uios^
otbii^' persons, when my client, as we shall
jifive, never intended to stay in England. My
lavd, he was a parliament man in both the last
pttrlttinents, but appeared in neither of them^
Min^ all the while in France for the recovery
cf his health. We shall prove him to he one
•tildiottsly incUned, that he lived a retired life,
and kept very little or no company ; and you
w9l hear mm persons of very great honour
pod, quality, that he is, at to his fenOD, w^ at
I065] STATE TIUUkLS, SS CBiEtBS 11. 1684^1^^ 0 itfi>ifeiR€tfii^. [108ff
last, that he went publicly^ Now, my lord to his opinion f and then we sh^ submit it to
Howard says, that he went to agitate a confe-
derainr between the maiecontents of Scotland,
and those in England. . Now it is strange, that
a man that was to agitate such a concern,
ahould fo publicly with a servant to Newcastle ;
80 pubhcly as to be known agab ; and of his
own accord tell them he was going to such a
place in ScoUafid. And be it so in fact, will
any man apply this to any thing was done be-
fore ? (as my lord Howard says about a con-
sultation to jom in rebellion.) Will any man
think, that he shoirid*talk at that kind of rate,
if tliat were his employment, and tell whither
he were going P But I rdy upon this, in point
of evidence. It is not proved yet, that Aaron
Smith was in Scotland. That ne came within
six miles of the borders of Scotland, is proved ;
but it is not proved he was in Scotlana, or did
agitate any conspiracy there ; or did any thing
more than go within six miles of the borders of
Scotland. But then they would press it fur-
ther, and they say, that there were some Scotch
Smtlemen, that ra the summer came hex« into
ngland, and that they hid themselves when
the plot was discovered. It does not appear
my client had any conversation with these
Sa)tch gentlemen, or any of them, or was ever
io their company. It is a very remote infe-
rence to bring any thing of tins to affect my
you, gentlenaen of the jury, whether you can
believe him guilfy of this ne is charged with,
which is your issue. You are to try, whether
be be Guilty, or Not Guilty, of the crima
charged, in t£e Indictment.
Mr. Wallop. My lord, and gentlemen of tha
jury, I desire to make one observation belbra
we call our witnessies. -
X. C. J. Pray do not take Up our time alto-
gether in speeches, but go on to your evidence.
Mr. Wallop. I desire to observe bni'ona-
thing, my loid.
X. C. J. Make your observations at last, but
spend not our time in speeches. I know you
will expect to be heard at last, and so yon
shall, whatever you will say.
Mr. Williami. Call the earl of Angles^, tha
lord of Clare, and lord Paget, m, Ducas.
{Who appearing was swom.^ Now we hav»
iim here we must begin with bun, my lord.
Mr. Ducas, pray what did yon hear my lord
Hoi»ard say at any tiroe.concerning this con-
spiracy, and who were concerned in it, and
who were not?
Mr. Ducas* My lord Howard came once to
the house of colonel Sidney, I believe it waa
about eight days after the imprisonment of co-
lonel Sidney ; and when he was in the house,
I asked him, What is the matter, my lord ? He
did answer me, he was told there was a plot
against the king and the duke, and one general
iuwrrection to be made, and that colonel Sid-
ney seiit a man into Scotland, to which thing
my lord Howard sware, laying his hand on his
breast, saying, * God knows all things, and
* God knows I know jiothing of that; and I am
< sure if colonel Sdney had known any thing, •
< he would tell me ;' and 1 said, what iswa
matter, my lordP Are you afraid? And he
made answer to me, ' No honest man is safe Id
* his own house, I pray you lend me a bed to
* lie in.' And he asked me about the goods
of colonel Sidney, because of the plot and such
things, and he desired to have them removed tu^
his bouse ; and he said, rather than gO to tha
Tower be would do any thin^.
Mr. Williams. Speak a^m to the jury thai
did not hear you, what said my lord Howard
to you?
Vucas. He said, rather than to be a prisoner-
agam he would do any thing.
Mr. Williams. Whp to be a prisoner again f
Ducas. My lord Howard.
Att. Gen. What things were spoken of?
Ducas. He siud he would do any thing.
Mr. Williams. Were you speanng of the^
conspiracy? Of the plot?
Ihtcas. He spoko of the plot, and said h(a
knew nothing or it.
Mr. WiUmm^ What did he say, Bk ?
Ducas. He said to ma and swore, he Jmcw
nothing of it, and called God to witness.
Mr. Williams. Pray, did he then say ha
would do any thing radier than go to tha
Tower, when yon wert talkifig of tbs plot ii|4}
ooaspiia^?
lOen STATE Til ALS, 36 Cif AttLtee II. 1 6%4f^TiM tf JAk Omipim, [icM
taoxb itmr hvt%, shato fAot, tioee Ihljr hint
aeiaad Qpon iii5r lotd, «tid 1 4o«bt Im niM
mill. Aner that, I ibink, as mbm as 1 cm i^
iiieniber^TlioiittttfakigfratllM, KjmM
upon the booky jfoii will tee wlmt I mmI then.
L. C. /. We are not to look mob |he boeh,
man. You must gire your erideaoe ymmdf.
Mr. Howard, I hope you do aot tmett bf
bookP Let the truth oome out Id CMTt niiM^
wbaterer it be.
Bir. WilUami, Ay, mj lord, we Mre to
hate tmdi oome out
JL C. /. Ay, whether it be of the oae Me,
ortheoUiPr, God forbid hat irpth shoiM be
ttpoken. Mr. Howard, go on.
Mr. Hmard, Then, mv lord, colonel ttdaejf
was taken, and, says my Wd, I am extreiMly
troubled Ibr oolonei SldBey, for he is my ftrf
good friend;' said I, why are not yon eos-
cerned for my lord Russell f He is of joaf
blood, says he, he is a man without exceptuos.
There is no man of such honour as be, bol t
am concerned for cokmd 8idney, as that pv-
ticular man Chat has obhseit me abaresUdie
world, but I never heard my lord Howtri
name Mr. Hampden in all my life.
Lord Houmrd. V\\ give you reason ftr i^
my lort), if you please. Why 1 sMso.
L. C. J. My k>rd, this is evidlence for (be
defendant. If the king's counsel will csU y«B
atlerwards to raoke answer to any of these
things, then is yoar time to speak. We will
not let them interraiit you when you oome to
speak, nor must you interrupt them now. We
aiie bound to hear both sides, and tio by die
grace of God we will do.
Lord Howard, My lonl, 1 desire both be
and his brother may stay in court, tor I bive
somethinnr to say to tbom.
Mr. Williams. Pray, vrlrnt did you hear ay
lord Howard say conceraing the plot ?
!^Ir. Howard. He did deny it positively, a«*
said, thry orted nothing but what was l<^i>
and he haid it 500 times 0%c5r.
Mr. Wiliuiws. Did he deny it ?
yit. Hoiray^d. Yes, he did.
L. C. J. Bat when be said thoy acted no-
thing but legaHy, ^hat did he mean ? W*i
this plot legal ? "
Mr. Hoioard. I bad ^Drmer disoourses ww
my lord Howard at other times, and I asked
hiin, my k)rd, what tends all this to? Yo*
going op into the city autl mddnpf th<^ naeei-
u^ i* ^Says he, we iutendcil nothipg bnt wW
is legal. There is not one man in the com-
pany, that 1 know of, intends any thing else-
Mr. WiUiams. What was my lord's opision
of the plot in June or July, or August ?
Mr. Howard. He said lie knew ootbingofKt
nor codid he believe there was any such aao^
When those persons were named that were w
hill the king, * Lord Mess me,' said he, '^
* there be Bndi)« thing in nature? That aof
' men should be so wicked. But Aat there tf
Jliiost; ^ Yas, he would do any ilung raditer
ihan he a prisoaer again.
Att. Gin. Pray, what did be aay P
Duau, Ha raised up his handy on hiffa, and
said, he knew nothing of the plot, or of the in-
surrection, or that colenal Skuey bad sent any >
naa into Scotland.
Mr. Wiliiam. When was this ?
Ducas, I believe it was 8 or 9 days after the
imprisonment of odonel Sidney.
Att, Gen. What day of the month, and what
month was it?
Ducas. He was imprisoned about the end of
June.
Lord Howard. My lord, it would be neces^
aary. that I should asalce an answer to this, and
I know not whether I should make a particular
answer ta every oae ; for here is a whole set
of wttnessaa, Isee.
L. C. J. No, let them alone. Yon must not
interrupt them, they must go on with their
<fridence ; and when it is a fit time for ^ou to
anawer them, the coonsel for the king will call
yon.
Mr. Williams, Pray swear Mr. Howard.
[Whioh was done.] Inray, Sir, will you please
ta aoiiuaint my k>rd and the jury what you
lna«r or what my k)rd Howard has said ofthe
plot, and who were concerned iu it?
Mr. Honkird, My lord, what I hare said is
in the paper of Mr. Sidney's trial, <ind truly 1
can say no more than what I said there.
Mr. Wiliiams, Pray speak out, Sir, and tell
it again to this jm^.
Mr. Howard, \ wils tokl 1 spake it very
knidtban.
L, C. /. Pray, Sr, ^seak as you filease, we
don't direct yon in what key you sludl speak ;
apeak in what key you will.
Mr. Howard, f hen if you will have me
apeak it, I will speak it as loud again. My
lord, is Mr. Hatwpden here ?
L. C. /. Yes, ^h«re be is.
Mr. Howard, In the'first place I do not know
Mr. Haaa|Mien, my lord, I cannot pttMnise to
neak the very words that I spake the last
time : I cannot make them so fit as one tally
fits another.
Att, Gen, Consider, Shr, you were not sworn
then, you are sworn now, that is tlie difference,
and therefore pray consider of it.
Mr. Howard. My lord, as near as I can, i
will- repeat the same words again, I hod little
acquaintance with my lord Howard ; bat meet-
ing him often at my brother's house (and- being
he waaextraoadinaiy pleasant company, I must
aaada say that ha was so^ and a man of great
wit) and I coming from Whitehall, lie asked
M wlMt aow« of the plot? I told him there
were some people that were in the jproolama->
tion, or wauld be, and I named their names.
Sayt4e^ I knawnoMi ofthemeiioept Rumbdld,
I thmk ; and by Ohance I met him passing'
«li«ott|^liieOM£»shan9a,aDd'hesahited me
f«ay kkidfy. AUter iMi my lord fiueaell waar
tilMn, ^ when my lai^ Hciiaard hMrdthaft^
says he, then we are all nndone. hat I' jwy
one man of hononr or estate, or consnew^
« that ever had any such thoogbt, »t can nef«
* adiar Mtio my head-, I can never baHe^A
10891 ' fffktK TRIAI^» d6 CA ABLES fl. l6%4.^&r k Mfdmcdnor. fl 09b
witbal, he hoped it wonTd be but short ; and
then he began to wi^h himself beyond sea till
the troubles were over ; and in compliance
with his lordship I did wish so too. But as to
Sidney, ' he did with great assevi^rations very
much assert his innocencr. He said, he
thought he was not guilty of any of the things
laid to his charge ; and spote with large enco;
miums in his praise, as he had obligation th
do, and seemed to bemoan his roisfortanes^
which I said I had then reason to heliere he
was real in, lor I believe never any man wato
more engaged to another than he to colonel
Sidney, i told him' there was a discourse of
some Writings of Mr. Sidney 's that were taken^
he said he was confident they would mUkh wji
thihgof any writing of hig ; I told him, I sup-
posed he meant, legally they could not 'do lU
This was the most he said ; as to Mr. Hamp*
den, he mentioned nothing that I know 6f.
Mr. Wiltiunu, Did he seem to declare any
opinion abbut the plot or conspiracy in gene-
ral, that there was any such thing or not F
Earl of Giare, I do not remember it.
Att. Gen. My lord of Clare, did you never
hear my lord Howard before this complain of
the government, that it was amiss, and was t^
be rectified? ' •
Esa\ of Clare. Yes, he often did complain.
Every body knows my lord'ii way of discourse*
Lord Homard. Pray, will you ask him, if
my lord of Clare used to fall Out with roe
upon those discoorses.
Earl of Clare, My lord was always gSoA
company. ' .
Ati, Gen, You mean d propot, my kwd.^
Earl of C/are. I understand what yontnieaa
by i vropos, you are a learned man, 1 know.
Sol Gen, nHj lord of Clare, if 1 apprehend
yonr lordship aright^ my lord Howard was
discoursing of the primate of Armagh's pro«
phecy, and said he thought the persecutioH
was already begun, and would be shArp, though
he hoped it would be short, and he winied him*
self beyond sea till the troubles were over, and
your lordship wished yourself so too?
£. of Clare. No ; 1 said in compliance with
his lordship, since he wished himself bevond
sea till the troubles were over, I wished be
were there too.
L, C J. But I perceive all these ^scourset
conceniing the government are reckoned but
jests and matter of laughter, but it is a very
rank way of jesting, I assure you.
Mr. Williams, My lord, we eall our wit-
nesses seriously, they are the king's, counsel
that jest.
Att, Gen, Was this before my lord Howard
was taken?
£. of Clare. Yes, but after Mr. Sidney was
taken.
L, C, J. Well, who do you call next ?
Mr. Waiiam, Mv lord Paget, Pray tvhat
have you heard my lord Howara say concern-
ing the plot, and when?
/Lord Paget. -Ifiy lord sits there, and I be<*>
lieve he may remend^er it wv about- tfa^ Ttk
4A
Mr. WHUam. When wa^this ?
lis. Hcwardi When Rnmbold and those
iither people wefe put into theprodamation.
' Ait, Gen. Mr. Howard, Then I ifiirask
^ou your opinion, whether in your jud^ent,
•very mto teat was in the plot ooald not' have
■aid so much ?
* Mr. HnvDard, I suppose every man In the
plot would hajre defended himsefras well as he
ooold, but I cannot tell what way.
Mr. Thompton. Sir, did he Murdy afiirm it,
W with asseverations and imprecations ?
Mr. Howard* My lord was not put upon his
0l^h before me.
Alt-, Gen. Mr. Howard, don't yon beheve a
greht many that were concerned in this plot
would deny it? < '
Mr. Howard. I am to g^ve my opinion only
Ibr myself, not for other people.
jL C, J. Have you done with him ?
Mr. WilUanu. Yes, my lord.
JU C.J. Then gt> over, Sh-.
Mir. Howard. My lord, I am troubled with
fumes, and cannot well endure a crowd, there -
Ibre I desire I may have leave to be gone.
L. C. /. You may go if you plea^
Mr. William, Call Mr. Edward Howard.
I But be did not appearj Then swear my
»rd -of ClftKe And my lord Paget. [Which was
dooocj
£. C. /• Well, what do iron ask my lord of
Chu«?
Mr. WUUams. My ford of Clare, will your
lordship please to aequamt the court and the
jary, what yvu heanl my lord Howard say
eonceming the late conspiracy ?
£n1 of Ciare. My lord, some indispositkm I
liave had <^'late^ together with the great itgour
of the season, has confined me to my house
"diese six weeks, so that I should not coine here
but noon this summons of a subpcma, whidi I
thought I ought not to refuse. I suppose I
oieed not n^wat much of what was said at <^1.
Sklney's tnal.
- L, C. J. My lord, yon most give what evi-
dence you have to ffive now.
Mr. WilHanu. My lord, the gentlemen of
this jury have not heard it, thererare you must
toy It sin over again to than.
jBari of C/ore. Sometime after Mr. Sidney
was taken, my lord Howard came to see me,
jmd eomj^inmg of the tipies, said. That all
.things were very sad and dangerous, an^ if
crer be was questioned again, he would.-hot
S lead; but desire them only to count noses,' 4br
le jiuickest dispatch he thought was best-: I
replied, sure his lordship was in jest He s^,
Ma, he was in^eanest, ibr he was oonfidedt if
bB came to triai, th«y wonU have his life; let
bim appear never so innocent. I siid, I
boped!DOtso^itwiul only his lardsfai{i's fear,
SUM bedinaeDf that, I th<^ught it might be pre-
Muned he would venture much, rather than be
trsed. And discoursing of the late primate of
Armagh's, prophecy ; ne said, for *his part, he
llMWffnt tbe persecution was abeady begun,
and hedidJbemTe itwouMbeveEyamirpv bat
YOUIZ* . •
10»1] STATB TRIAt^ 9$ CUMLV Ih l6t4>~Wrf^ JWht UN**, [1<I»
of July, the Svtiurday hcftm my loi4 ««iit into
the oouDtry, to the beet of my memoiTy which
wae, I take it, the 9thof Joly : upon Setnrdmy
the Tth ftt Dt^ht my lord ceme to gee me; I
to]d him I wae gladto eee him abroad^ and Mit
eoDoened in the disorders that were then so
jpeneral ; my, lord told me he had been wished
loy by several, aad he took it ill, beeeuse it
looked as if he were guilty. It is true, my
lord was a roan of grrat finesse and teediness
in disoourse, and came easily into all com-
pany ; ray lord said that was trqe, but. he had
so earefiilly behared himself, but be' was sure
they could not touch him widi any thing, nor
did he know any thing of any body else that
be oeold charge them withal.
Mr. Wilfiamt. When was this, my lord P
Lerd Paget, This was the 7tb of July.
An, Gen. Pray, good my lord, Why did
you joy my lord Howard? Had you any
reason to mistrust my lord P
Lord Pl^e^ No other reason than because I
knew he was a man of great freedom in dis-
course, and might be concerned upon that
account.
' Att* Gen. And he would frequently dis-
course agntinst the government I suppose ?
Lord raget. No, I never heard my lord dis-
oourse against the government m my life.
Mr. Williams. Swear Dr. Burnet. [Which
was done.] Pray will you, ]>oclor, acquaint
the Court, what you have heard my lord
Howard say concerning the late Plot, and
when?
Dr. Bttrnet. My lord Howard came to see
me the day after the discourse of the plot
broke out ; Thursday I think it was, on Wednes-
day it began to be talked of. The thing was
litUe understood then, but in ^eral a plot was
discovered, and my lord, with a great many
Solestations, liftiog up his hands and eyes to
enven, protested he knew of nonci and be-
lieved, th^ was none, and spake of the whole
thing as a contrivance.
Mr. Williamt, This was the day after the
discovery broke out ?
Dr. Bumet. Yes, the day aflar that I first
heard of it.
Mr. Williams, Had you any other discourse
with my lord about it ?
Dr. Bumet, I had not seen my lord before
of some months. And then he spake a great
deal to me. He teld me he had been in Essex,
and after that he went to the Bath, and went
io earlv and came awav before the company
came, because he would avoid all danger. Ami
be expressed great apprehensions of fear of
ibam plots, and spake of false wimesses and
former designs of that nature. The truth of it
iraa, one had possessed me with a belief of
the tbiog, it being then but a secret, but he
strove to dispossess me of that beKef, and his
whole discourse ran upon that for an whole
hour, and expressed, as I sakl^ g^mat fear of
some sham-contrivance, and spake much of
&lse witneases, wishing that Jie were be-
yandaea. •»
L. C.J. What, he spakeaa if dmewm
like to be great heats and stirs, I fopposef
Dr. Bumet. No, the talk was about thsfii-
co^ery, which he said he balieved was aooa-
trivance.
Mr. WilUamM. Didmv kffdHowaidonto
come to you sometimes r
Dr. Bumet, Yes> h« used to come (it-
quently to see me.
Att. Gen. Dr. Bumet, Prn let ma tA
you one question ; you spc«k oisoleom dedip
rations and prolestapitioas made by my kol
Howard, what gave iheoecasioo to sack a »-
lemnity?
Dr. Bumet. I will tail yon the occsm
truly, though it was never asked mebdiif.
It was thus : I being possessed with the bdicf
of the thing by one that assured me it vm
true, and would soon appear to be so, I sigodl
upon that belief to oonvince nry lord Horn,
that it was true ; and he argued a mat jdeil to
dispossess me of that belief. Ana I nid. If
therebe any such thin», I pray God %ffe
them that are conoeteed, but oertaittly itii«B
ofthemonatrousest itt things that efcr «»
done ; for hereby they have done all that cssid
be done to nun the Proteatant religmn. Hewn
smoking a pipe^of tobacco, and ne kdd dovi
his pipe, and lifted up hia hands and eja to
Heaven, and protested to me, he neifiier kacv
of any such thing, nor bcVeyed it, tat it ««
all a contrivance.
Att. Gen. By hia diacowraet you pomlilj
might understand what he BMant ^ ^ BSB^m
h^ng privy to the murder of the Idag, orthi
raising of rebellton ?
Dr. Bumtt. There waa not a word toof
the assammation, but itwaa all of the pistil
general. ^
Sol. Gen. Did he make no diatinctisa?
Dr. Bumet. We talked of nothing kit phi
in general. For the particukurs were not mca
known* It waa only about the geneial notua
of a plot*
Att.Geu, Pray, what waa ihe rmsmy««
had to beheve it ? ••
Dr. JShifW. There waa a gendcman fian
Whitehall tha< came to seeme, and be of
assure me it was true, aa beiitt one that W
it from a privy coonadhir. Imawas oatte
Wednesday, wbendw.oomMal aatkagiM
it; and nothing of particnlars was tbcnhig^
but only a diaoomrsein general of sndi atuif;
and henaidit wouM be found to be a eotott
truth. ^
Att. Gen. Boi, Doetor^dHnotyona Mflt
wonder at thecarria^ of mybwa Howinr
That a man that waa not aocused, thft yw
heard of, should make such solemn pi***
tions? . ^
I^. Bumet. Hy kKd, ha said jort « jnf
anneraa I have toUyou. when I sud, <n>7
hawbe«€«i-
ba
told you,.
« God forgive them, tf any haw bem o
• cemed m such a thing}* hia ^ SEU*
pipe,, and lift up bis bands and q^es. yb*^
he thought I suspected him, ar vo, 1 crnan
tcti, hs bestJoMmv hm am thoogbti.
1Q95] STATE TRIALS^ $6 Ciias«.bs II. i6m.-^ # Mlitimmmm'. {lOM
MinOm. DJdhefwrawMNlorHr.HttM-
Dr. Biirtief. No, there #ui notuy perti-
ciilsr penMlMi mined*
Mr. li€cardS^. Dooior, he wmiU nol meie
yoa his oonfesBor.
Dr. Burned Hiswheleboiir'edisooiireewae
to diepoBMss noe of the epmioD end belief i
had coterhdned of the plot.
> Jnt flio/tooy. Thii irMmboiit July, yo«
Dr. Burnet. I omuiot remember the very
dw^ of die month, I believe it wee the letter
cua of June, but I am sure it wis before any
body was eommitted, that we heard of.
. Mr. .Secof^fer. Dr. Domet, you say you did
bdeve there was a plot then ?
Dr. Bunted Yes, I Ad so, and he hiboured
to dtspbasess me of that belief .
Mr. Recorder. Pray do yon beliere it now t
Mr. WilHam. What a qaeslioB is that, Mr.
Sa4eantr
Ut. B^meL I make no doubt of it, Sir, as
to the assassination.
•Ait. Gm. My lord Newport, Why do you
lift up your hands? You do not do well ; lorit
is a very proper question.
L.C.J. Wdl, oall your neiA witness, gen*
tiemen.
Mr. l^oi^MSii.' Swear Mr. GIsbonie. £Which
was done.!
Mr. ITitlkMM. Pray, Sir, will yon aoouaint
the€onrt and the jury, wilat 'You'have neard
■•y lord Howard say about the late eonspi*
vacyP
Mr. Gitbome. My lord only said he knew
nothing of the plot; that is all lean say.
Wh^immm. When was this f
Mr. Gi$bome. The Saturday before he was
taken ima custody; then it was that your
iMNMmr i^id say so, my lord.
Att. Gen. Ay, and 100 more, .1 bfifiefo,
would say so, tiiat micfat be coaoemed hi it for
nUthat
Mr. WUliam. Swear Mr. »ake. [Whieh
whs done.} Pray aequnuit my k»d and the
jiify, what discourse you had with my lord
Sowmd about his panlen, and what he said
ioyoa?
Mr. Biake. My lord, about the month of
Oulober hut, my lord Howard sent to me to
kmsrhewl did,and desired me tocomeand
■Bike hmi a-Tisit. The next day I went and
wailed upon my lord at his lodgings, at White*
6all,and after the oomplimenti passed, my
fotd bma a discourse of the plot, and I told
bim,That I he^rd none of the witnesses had
-their pardons, but only KeeKng, the limt dis-
«n9arw. My bill toM me no, but he had a
warrant for his pardon, and with that he
l^neheditoiitatidsheweditme, and I read it.
And then 1 told him I thought it was of no
smdl, without he hadhis pasnon actually under
bieaeal; he said no, but he had their word
and honour: but, said he, when I first reoeired
itfb wanant, tbey asld I should not meddle in
dt taL I hMsd iMMa thsm a|pda, i»hieh I hafe
not yet ; aod I asorfte It to no other reason
but only this. That I must not have it till the
drudgery of sweating is ontf.
Air. irt/iuisn. When was this P
Blake, In October test some time. So I
then took my leave «f my lord, and my lord
desired me to come and see him at night;
about six o'doek in the etening, for he had k
great many come to him, but then hcbbould be
at leisure, and had many things to say to me.
Att. Gen. At that time did my lord express
himsdf as discontented, and that it was irksome
to him to be brought as a witness?
Blake, He only said those words that I '
have told you, and looked up and turned up
his eyes towards Heaven when he said so.
Mr. WiUiofm. Plray, where is Mr. Benja- '
min Mercer? Swear him. [Who was swoni.]
L. C. J, What do youask him ?
Mr. WUUamt, We bring him to prove th$X
my lord Anglesey was served with a subpoena,
hut is so iHofihegout he cannot come.
X. C J. If that' be all, there is no question
ef it, but that he was subpmnaed.
Mr. WUlkmu. If your lordship please, we
will prove in what condition my lord Anijplesey
ia, and then we hope jrour lordship will give oa
leave to prove what my lord has said concern-
ing my lord Howard's disoontiBes with him.
Ls C. J. No, eertatnly, Mr. Williams, and I
am s^re yea ask it not as expecting it should
be granted.
Mr. WUUmii. I lay it before your lovdsh^
and the couit.
L.C. J. Ajj you lay it before us, but you
are a tewyer, do you youra^ think & it
shonldbedoneP
Mr* WUHmm. My lord, I must submit it
to you.
Xr. C. J. Come> will yon consent that what
the duke of Monmouth has said, shall be ^ven
in evidence, and then I presume the king's
oounsd will •consent to your request ?
Mr. ffUfissw. I consent.^ Here is my
dient, my levd, in court, 1 can consent to<
nqthiar.
X. C. J. But if so be therabe leave ffiven on
one side to tell what .another person has said,
why should it not be consented to on the other
side, that it be proved what a third person lliat
is absent has said for them ?
Recorder, Ay, Will you consent that wa-
prove what the duke of Monmouth has said f
Mr. Williams, We don't know what the
dake of-Monmouth has said. ^
L, C« J. Bat you do know it is not evidence,
nor fit to be granted what you ask.
Mr. Jona. You know mat it is not for your
purpose- what he has said.
Mr. William, My lord. We must go ac<
cording to our iastmctions.
X. C. J. But you know thelaw, why should
you offer any such thing? V our otTering it
will make the * lay gens,' that know not the tew,
think that the ^onrt puts hardships upon peo-
ple, in denying things which you that under*
stand the law know cant he grapted.K
Mfuk aid
1093] STATE TMMA 3g CiMtLES IL jtiM^TrialiJ JOk nrnpitu, [iqi
Ur. UTIOmm. IdaMlpraiit,aiyloid,biit
leave U witli voa.
L, C. J, ' Why do you epeiid our time io
vrgiag tbinn that are nothiiig to the porpoeey
fnd caoDOt be alk>vred P
Mr. William. Now, bit lord. We will 0»
on to another part of our defence, and that is,
to calf witoewea to the reputation of Mr.
Hampden, and his behanour, to satisfy you,
that be cannot be such a person as the indict-
nie..t say I, and as be must be if it be true what
ibis gentleman, my lord Howard, has sworn.
Mr. Thompton. AVe will first examine my
lord Pajfet. [Who stood upj
Mr. William. My lord, We ask yon to that
question. Have you known this {{(entleman
Mr. Hampden, and what sort of a num is heP
Lord jPag§t. 1 hare good reason to know
him. I have known him a great while, and
have always believed him an bimest and a pru-
dent man, a ihan of honour, and virtue, and
integrity, my lord ; and have had no reason to
have other opinion of him. I know he has been
always, ever since he came abroad into the
world, a man that hath loved his study, and
books, and a contemplative Ufe. And therefore
) should not be apt to believe, that he oouU ap-
ply himself to a thing so contrary to his own
nature, and to that way that he delighted in,
and had always hitherto applied himself unto,
1 mean to engage in a design of so much ma-
lice and wickedness.
Mr. WilUams. My lord, You have had ak>ng
conversation with the knowledge of Mr. Hamp-
den, you say. What say you as to his dispo-
sition ; because this indictment says he is a
person of a turbulent, factious, seditious spiritP
Lord Paget. I have always known him a
quiet peaceable man, not meddling in business,
very friendly, free from all turbulency, not of
much acquaintance, nor desumis to make
much.
Att Gen, Pray, mylord Paget, upon the same
oath vou have taken, have you not at any time
hcaru him express dissatisfactiim as to the
mal-udministration of the government?
Lord Paget, No, never to me in the least
Ait, Gen, Not at the time of the last West-
minstei' parliament ?
Lord Pa§^ct. No, I never heard him then,
nor at anv time else.
Mr. IftV/iams. Mr. Hampden was then in
France, and not in that pariwment, though he
was a member. Where is Mr. Pelham P
X. C, J, Here he is. He sits down here.
[Pointing to the table.] What would you ask
him ? [Ho was sworn.]
Mr. WUliofos, Sir, will jrou please to ac-
quaint the court what acquaintance you have
bad i»ith Mr. Hampden, and how long P And
what you know of him P ,
L, 'C. J, You hear the ouestMu, Sir, how
louvT have you been acquainted withMr. Hamp •
den?
dir. Pelhatn, I have been aoquainted with
Mr, Hampden about live or six years living
loar him» and all that I oould nhsare fiom
was, that he was a
his studies, kept mudi at home, ladliMr
observed that he had nawA arnii lilii; M
as to the business before yon,! kaovvd^^
of it, nor iteTcr heard Una ^eak any dui^v^
latingtoit.
Mr. WHiiams. As to
sitioo, is he a tnrbnlent
Mr. Pelham. No, 1
tfiing like it. We never talked togcikr
matters of that nature.
Ate. Gen. Were.yoa ever in his<
at any time when he diseooraed aboot
naent?
Mr. Pelham. No, I was never
any time when he disooorsed ef ssj
thmg.
sCr. WdLimR». Sir Henry Hohart.
Att, Gen. My lord, we oppose his bn^ll
witness. He is one of his bail.
Mr. WUliamt. That was upon the BAm
Corpus act, not npon this indictment
Ait, Gen. If he.be bail forthedeftadm,
my kIM, he cannot be a witness.
Mr. Williams. I appeal to the rule of the osa^
whether he was not bail upon the flaka
Corpus act only P
Att. Gen. Appeal where you will, the y
cannot be a witness.
Mr. ira^taflu. We moved for an fiaka
Corpus the beginning of last term upoo ih
late act for HaMas Corpus's: And tlum ttlh
hist day of the term upon Habeas Corpoih
wa& ^brought up thither, and was bailed npn
that writ.
Att, Gen, Ate not you one of the bsil,iir
Henry Hobart
Sir H, Hobart. I was one of his bail, Ittak
it was for his appearance.
X. C. J. If he be one of his bail tfaH la
shall appear in this court the first day of As
term, and so from day to day, till he shallk
dischaffied, and remains under that reeogv
zance, wen in any case against him heaiMt
be a witness for him.
Att. Gen. But they mistake the niattBr,k
was then chai^^ped with tliis indictment: He
theu pleaded to it, and was bailed to answer Ik
indictment ; and surely iii that case be €■
never be a witness.
L, C. J. That is certainlv very tni^ ni
you Icnow the law so weU, Mr. WiUimBi
that I wonder you will insist (tf it ; in ewy
ordini^ case, it is every day's prKelies ts iaif
the bail to be witnesses.
Att. Gen. Here is the person prindpsl, v9
thev render him in custody P
jL. C. J, Ay, what say you, will yoareaiff
him in custody P Then we will dischsige the
bail.
Mr. Williams. Mylord, I witt teD ysa wkt
we will do
L.C,J. TeU mewfaat yoawiV do! ift-
swer my question,* Will you render bisi *
custody r
Mr.Willimm. We willohai^tbekiHf b9
loid, aiMlfind so^ other sofficiai fsmn*
ifcli
1097] STATETRULS»36CHA&lBSirM684j^«ra JfZidMMfi^ [1090
■i«»
'it
vjBk,
ikm
I ipni
Mttai:
■taad in sir Hflnry H^bvfs place, rather than
losK our witnesi.
X. C.J. With all my heart.
Bfr. WUiiam. Here is Mr. JlshhurBt, my
lardy a gentleman of very good valne.
X*. C. J. But you must render him first,
•ml change the whole bail. They most enter
into new recognizances. v
Mr. WilUttms. I cannot tell whether we can
do that flo very well, because the othen, 1 am
sfiraid, are not all here. He is a mighty mate-
rial witness, I am sure.
Att. Gtn, My 1<m^, Mr. Williams says he
is a mateiial witness, let him be sworn, I am so
tair» I'll consent to it : Let' us hear what he
4mn say. [Which was done.]
Mr. Wiiiiam. We thank you, Mr. Attor-
ney^ I am afraid you won*thve long, you are
•o good natured.
£. C. J. But you are like to life for your
^pood nature, Mr. Williams.
Mr. Thompson. Sir Henry Hobart, How
long hare you been acquainted with this gentle-
man, Mr. Hampden P
%.H. HobaH, I have known him any time
-these ten years.
Mr. WtUUu^t. How has he been, Sir, as to
bis disBOsition and spirit? Did you ever find
liim to oe of a turbulent temper ?
Sir If. Hobart. Very/ar from it always.
Mr. Witliamt, Have you had any intimate
^sonversation with him f
Sir H. Hobart. I have known him all along,
I say; these 10 years, but of late I have had
more converse with him some few years in
travel.
Mr. Willianu, Had you much conversation,
Sir H. Hobart. I was with him continuaUy
at Paris, and abroad.
Mr. IViUiams. What say you as to bis loyal-
ty and principles? Was be a factious, sedi-
tious person?
Sir H. Hobart. Sir, be alfiTays eipreesed a
gseat esteem for the ffovernmtent, and great re-
spect and duty to the king.
Mr. Williams, Pray, Sir, when went Mr.
Hampden abroad to go into France?
Sir if. Hobart, He went into F^ce for his
health about November, (1680,) I think it was.
MT..Willittms. How long did he continue
abHwd, sir Henry ?
Sir H. Hobart. I found him in Paris the
May after.
Mr. Williams. Howlongdid you tany there,
•fiir, .yourself?
ISir H. Hobart. I went finom Pari^j in June,
and came back again to Paris about October or
November, tl\e same year, and I found him in
Fmnce still.
Mr. Wiliiams. And when do you take it he
retomed into England ? >
Sir H. HobaM, I was with him till he came
over, which was about September, (1682,) 1
think.
« Mr. Thompum^ What do you knowi Sir, of
bis intcatioD3 to go again beyond sea ?
Sir H. Hobart. When Sir, do yon mean ?
\ Mr. Thompson. Since that time he came
over, you aay in September (1683^
Sn* H. Hobart. He told me of it often, I
think it was about March, more particularly
once at his own house.
Mr. Thompson. What March, Sir ?
Sir H. Hobart. March 1683.
Mr. Thotr^ams. That is kst March.
Sir H Hobart. Yes, last March, he talked
of it several times, particularly once I went
about some business of my own, and then he
discoursed a great deal of his |[oinff over with
my lord Mountague that now is; for he told
me hid health was not yet established, for he
came over out of an hot country in autumn,
and had been . all the winter in this colder
country, and the air he found had impaired his
health again. And it was not only what be
told me, but I had a letter from a friend of
mine in France, to whom I had sent to desire
him to come •over; but he writ me word, no ;
Mr. Hampden was coming over again, and he
would not come back again yet.
Att. Gen. Did he tA you when he intended
to go over, sir Henry ?
Sir H. Hobart. As soon as Mr. Mountague,
my lord Mountague that now is, could get
ready, who was to carry his kdy over with
him.
Mr. Williams. Sir, do von know of any
preparation made by Mr. Hampden for it?
^H. Hobart. He had resolved to take hv
lady with him, because Mr. Mountagne's lady
went, and so I believe did prepare aooMdingly.
Att. Gen. Did Mr. Mountague go over ?
Sir H. Hobart. He did not go then, hut
since he is. gone.
Att. Gen. Were you in France then at this
time?
Sir H. Hobart. This was in England, at his
own house.
Mr. WUtiam$. Pray, Sir, what is his disp^
sition?
Sir H. Hobart, He was always incKnad to a
studious life, and kept very little company.
Att. Gen. Was this in March, 1683 ?
Sir H, Hobart, Yes, he came over in Sep-
tember before* 1 always observed him to ^ of
a retired temper.
Att, Gen. You say in 1680 he went into
France^ and 1682 he came over again F
^H Hobart. Yes.
Att. Gen. Pray, sir Henry, smce yon cob*
versed so much with him, have you hesord hia
since the last parliament at Westminster, or at
any time have you beenliy when he h«lh dia-
coursed his opinion about government P
Sir H, Hobart. Truly, Sr, I do Hot take mj«
self to be capable of discoursing with -him
about any such matters.
Att, Oen. Have you heard him at any
time comj^ainofthemal-adminiatrationoftb^
government ?
., Sir H, Hobart. No, Sir.
Att. Gen. Have jon never heard any mch
tfaing from ^--^ *
1099] STATE TRIALS, 9SCHAEirEsIL
Sir H. Habmi. N(s never.
. Mr. WiUumi. Swear Dr. Lnpee %
lord, we most deHie an interpreleri for the
doctor speaks French only.
L. C. J. Swear an interpreter.
Mr. Williamt, Dr. Burnet, orif he be peie,
cafl sir Henr^ Hbbart again. We most beg
the favour of you, air Heniy, to be an inter-
preter, yott understand the Frenoh tongue very
^rH.Hvbart. I will do it with aU my heart,
Sir, ss well as I can.
jL C. J. Swear him.
Then the Doctor was sworn, and the Oath
repeated to him by Sir Henry Hobart in
French.
Crier. You shall well and truly interpret
between the court and the witness, and the
witness and the court, acoordiaff to the best of
your skill and knowledge : So help you God^
BIr. UlamjMon. Sir Heniy, wiH yen please to
lepeat what ouesdons we shall ask, and what
answers he maJces ?
"^it H. Hobart. Yes, Sir, as well as I can, I
wUI.
Mr. William, Pray, Sir, ask the doctor this
•nestion. If he be aeqnainted with Mr. Hamp-
Sir H, Hobart, Yes, he says rery well. He
Ihred near two years with him.
Mr. Tkompum, How long is i| sinoe ?
Sir H, Hobart, Four years since, he says.
Mr. WiUiams. Pray, b that time, what was
. hit ^position P * was he a seditious and tnibji-
laitman ? Or was be a studious rethred man
•r what? .
Sir H. Hobart, He says the two years he
. lived with Mr. Hampden, heke|^ him com-
pany in bis studies, and aU that time he Ibund
fee had ne other iac^inatiaps but ibr stndy and
knowledge, and bis inclioations were very vir-
4non6. He always obsenred in his discourse a
great submission and respect that he had ibr
:2ie laws of his nation, and his prince, and to
that fieffree he was a &ithfui subject to the
king ; ^at once he told him, io disoonrsiog
with him of the late Popish plot, that he was
read ▼ to sacrifice bis life and fortune for the
king's service.
Mr. nomp$on. Ask him what disconne he
had with him of the plot sinoe it brake out
L. C J. Will that be any evidence do yon
iiink, Mr. Thompson? Will Mr. Hampden's
4eclaratien be any evidence, he being a person
accused? Do you think he would teli the
•factor, or any body else that he was guilty^
when he was like to be questieocd P Tbat would
. »■■■' ' HI' ■ ■ II. p. > II .11.^ I
* As to this Examination, see in this Col-
lection Mr. Erskine's observations in the Case
«f Hardy, ▲. n. l794,previonsly lotbe third
^eoumination of Daniel Stuait ; together with
the arguments of the other counsel; and the
opinion delivered by Lord Chief Jostme (Eyre,
iilpon the admlssibiiiity of the proposecLfSPuni-
natkm of Stuart t
have been awiaebnriaees indeed. Yeanjbi
was a very studious man, and a learasd nno,
truly if he had done that, he had heslswsdbii
lime in kamiog to very good pnrpoie.
Mr. William. My lord, That that wavssU
askhimisthis; ThMneraan, the doctor, baiq[
discounmg with Mr. Hampden upon the diies*
ver^ of the late oonsniraey, and nf tbr diiiicr
onpiessof the time, he would have advigeiMr.
Haimiden to have gone; no,heeBid,hefrsBU
notv for he was an innocent man, and we^ddaol
stir.
L. C. /. WeD, ask hhn what yon will,bst
hisdedanrtionofhisown innooenceesBaotht
taken for evidence.
Sir H. Hobart, He says, sinoe this pktsii
disooversd, he vnw going one day to visit Mr.
Hampden, and ^ng through Long- Acre, ki
met a French minister, a Savoyard mimslflr^
But, mykird, he spcfdm so ^MtandgoesM
with so much at a lune, tbat I cannot
her it all.
Mr. WiUiamw. Well, what said that
to him?
Sirif. Hoktrf. He says this ministarsdod
him if Mr. Hampden was not opncemed is lis
plot, and upon that he went and toU bim whii
the minister had said to him.^He mj^kt
told Mr. Hampden, that the dnkeof ModmA,
and my kard Grey were hid— He sajrs, spi
tbat Mr. Hampden said to him, I will sera
fly, nor conceal myself, for my camofBOM »
proachea me in nsthiar.
L. C.J. Ask him why does he tfaisklb
French minister, the Savoyard, as be eslk kin
should aak whether Mr. Hampden were ia is
1^?
Sir H, Hobart. He saya Mr. Hampdamii
he wouUI radier die innocent than tfy witbtha
imputation of guik upon him;
L. C.J. But ask him the fnestioB I pH,
why ahoold that Savoyard parson say ■•?
What reason had he to think Mr. fivvdn
was in the plot?
Sir H. SMnrt. He says the miaiilar M
ask him, but he canaotteii what reassabeb^
to think so.
Att. Gss. Pray, sir Henry, ask biai Ak
questiflo; how long ago St was since bs M>
him?
Sir H, Hobart, Poor years, he wyi.
Att. Gen. Where was it, in Eoghart «
France?
mrH. Hobart. Whilst he lived in Biota*'
bui'v he littif
Ml.Wiinam. CaUDr.Needbamaadlfae-
sienr Jii^tell. [Who •appeared. And tfooeetf
Justdl was.swom.] Pray, Sir H. Hobsrt^
you ssk Monsieur JnateU, who spesks FVcaff
too, if he know any thing of Mr. Hampdeff^
leaolote) to travH wifh Mr. Monotsgot u^
France? ' ., _m
Sir IT. Hobdri. He says. Yes. Hedidtj
him he wasgomg into Franee, and be ovvrt
to carry some books for him ahmg with hm
Ut.Williom. Whatodmp«iyin»lM^^
in, and whatline? -
1101] STATE TRIALSj 360HABLB8lt. l684«-/ar a Mkdtmeanar. [iios
Sr H, Hchart, He says^ SKr, be cuinot be
«xact 1o the month when Mr. Hampden vpike
•f ffoiif r ^er, but he savs it was a great while
were wis plot came to be diacovered.
Mr. Wiiiiamt. Was it some moatlis before?
Sir M, Hohart, It was a month before it was
known, he says.
Mr. WiUimns* la what company was he
toffo?
Sr H, Hobart. He said^ he was to go with
Mr. Motmtague.
Mr. Conyars, Pray, Sir, will yon ask him,
was he employed to get any Frendi servants
to be with him P
Sir H. Hohart, Yes, he says.
X. C. J* Ay, bat what was <he question ?
For there is such a crowd of people before the
oounseli that the €k>nrt cannot hear Mr. Con-
ycrs'squestion.
Mr. Conyert. My lord, I asked him whether
fae was emploved to get any French servants to
be with Mr. Hampden.
Sir H. Hobart. Yes, lie says.
In C. /. Well there is Dr. Needham, what
do you ask bim ?
Then Doctor Needkam was sworn.
Mr. WiUiami. We call Dr. Needham for
Ibis purpose, my lord, to pror^ that these
f^tlemen that are accused, Mr. Hampden,
and my lord of Essex, and the others, had very
little esteem, and mean opinion of my lord
Howard. And how one, they so tittle es-
teemed, should be let into so great a secret,
win be very strange to imagine. Dr. Need-
ham, pray, what can you say of any of these
sentlemen's opinions of my lord Howard?
What opinion bad my lord ot Essex of him ?
L. C. /. Is my lord of Essex now before
us ? What is that to this^ case, Mr. Williams ?
l«t my lord of Essex have what opinion he
woinld of him ; how does that concern the
^Bleadant?
' Mr. Wiliiana. I teQ yon why I offer it,
my lord
Z, C. J. But pray, ofier what is evidence,
and keep to the ousiness before yo«.
Mr. wUliam$» ' Falsusm-uao^ iaistts in dm-
' nibos.' If we can prove that what he haA
■aid of my lord of Essex is folse, he is not to
be believed against the defendant*
Att. Oen. Ay, bat upon the evidence of my
lonl Howard, all the rest wefe owmded.
Mr. WiiUams. I ofier it only upon what is
bere to day before yoo, he sa^s, my client, and
my lord of Essex were confederate with him
upon such a design. Now if my k>rdof Enex
was not there, tiKn he is folse in that, and that
be was not, we offer this as evidence.
X. C J. But it is not a proper evidenoein
tbiiicase.
Mr. Willianu.^ It is a sort of evidence—
X. C J. Ay, it is a sort of evidence, but it
is not to be allowed. If you vnll prove Mr.
Hampden's opinion, you may^ but you must
not for him bring proof of what my lord of
Essex, a third personi tbougbt or my lord
Howard.
Mr. Williams. I only offer ittfavi
X. C. X Ofier what u evidence, man ! You
are a praoliser, and know wbat is evidence,
but you have offered two or three things to
day, that I know yon do at the same tima
know is not evidence, and I spttk it that it
may not be thought we deny yon, or your
client any thing that is accordmg to the course
of law. You that know the law, ^now it ia
so as we say. Mr. Attorney has gratified yott
in waving three orfoifr things already, but no-
thing wiU satisfy, unless we break the ooursa
of otner trials.
Mr. Wiliiams. My lord, wblat I take not to
be evidence I do not offer, and where the Court
over-rules me, I have not insisted upon it.
X. C. X No ?
Mr. WilUams. No, my lord.
X. C. X But you would have insisted upon
it, if Mr. Attorney would not have been so easy
as to consent, and the Court would have lei
you. Pray keep to the business, and t1i«
methods or^law; you know the kw very welL
Mr. Williami, My lord, I humbly appre-
bend this may be evidence, and 1 lay it befoi^
J^ou. My lord Howard has proved that my
ord of Essex and five more, of which Mn
Hampden was one, met and consulted about
such matters. We may, I hope, be admittM
to ^ve, that my lord of Essex was not there;
for if we can takeoff his positive proof, as W
any one of thedroumstanoes, we take off fiiviii
the truth of the fact If all the persons were
not there; then my lord Howard is mistaken
in that, and aocordbgly must not be betierdi
in the rest; therefore, my lord, I press it no
otherwise : he hath proved these six persona
were there. I offer this as some evidence^
That it is unlikely it should be so, because my
lord of Essex had so little opinioa of my loi^
Howard, that he would never consult with him
about any matter.
X. C. X Then certainly my lord Howard im
to be believed, to all intqnts and poiposes, fop
here is a record of the conviction of^my lori
Russdl, and of ookmel Sidney, and all upon
the testimony of this gentleman, my lord How-
ard ; and is not that more to support his credit^
than a flying report of a third person's opimm
of him. And yet after all we say, it is no evi-
dence against Mr. Hampden, and has been
waved by Mr. Attorney.
Mr. William. Then I will not press it^ my.
lord.
Just. Withem. It is no evidenoe, ceitatnlTt
Mr. Williams.
X. C. X It seems my lord Esseac bad sooii^
an opinion of my lord Howard's evidence, that
bethought fit to cut his owtf throat, lathcff
than abide the triak
Mr. Wilimms. CaU Mr. Murmy.
£. C. X Suppose my lord of Essex hadeeM^
Hiat he was out of the plot, and Mr. Ham^
den was in, would that naycbeen good evi^
deuce aj^ainst Mr. Hampden, do yeU think f
Fray nHud wbat is the business before you P
Mr. WiUitmrn. Swear Nf. Iforray. XWhiA
was done.]
1103] ^TATE TRIALS, 3S Chaklks II. i6M.-^TVial of John BMpitn, [m
X. C. J, WeH, what do you ask this man f
Mr. WHiiams. My lord, we call him as to
what I opened of my lord Howaod's opinion of
the world to oom^, and rewards and punish-
ments there.
L* C. /. Mr. Williams, Pray take notice of
this: private discourses that people cannot
cometo make answer unto, because tney cannot
imagine to have them otgected, are a very odd
sort of evidence.
Mr. Willianu. Therefiftre I opened it warily
and tend^y ; my lord, the witness will tell
you the storv better than I.
L,C,J. I cannot tell what Mr. WiUiams
has said, or I have sud in heat of talk or.
vanity. God knows how often all of ps have
taken the great name of God in vain : or have
said more than becomes us, and talked of
things we should not do.
Alt* Gtn, My lord, how can my lord
Howard be prepared to give an>[ answer to this ?
L. ifoward. My lord, this presses hard
upon mv reputation, my lord. I profess before
God I 00 not know this fellow, I never saw
bim in my life before as I know : but a com-
pany of unpudent fellows take the liberty of
aaying what they please.
. L.C* J. To rake into the whole course of
a man's life is very hard.
L. Howard. I wonld fain have these fdk>ws
dare to say this any where else of me.
Mr. William. WeU, my lord, we will
irave it.
L.C.J. They do not think it a fit thing to
*]^ressit.
L.. H/ward. Bat, my lord, it concerns me
in my reputation; who is this rascal they
bring nere ? God*s life, who is he P
Z. C. /. We must be tender of men's repu-
tation, and not let every thing come as evi-
dence when it is not fit to be evidence, to put
slurs and scandals upon men. that they cannot
he pr^Hored to wipne off. Is he convicted of
any crime ? If he is, you say something, shew
^e record of it.
, Just. Withins, Mr. Williams. You know the
case adjudged lately in this Court, a person
was indicted of focgery, we would not let them
ffive evidence of any other forgeries, but that
fi>r which he was indicted, because we wonld
■ot suffer any raking into men's course of life,
to pick up evidence that they cannot be pre-
fiared to answer to.
■ Mr. Williamt. We have that respect for my
lord's honour too, as not to press it, only we
had it in our briefs, and we must go according
|o our higtnictions.
L. Howard, I desire to know who that
rascal is ? What is he P Where does he live ?
I will make him an example.
X. C. /. Pray compose yourself, my lord,
there is nothing of this pressed.
L. Howard. To say I am an atheist, my
lord 't What can be a greater reflection P
. .£. C. J. He has not UAd us any such thing
as yet. And we will take care tnat nothing
dwi| )« offerad Itut wiial is fitting. ^
L. Howard. 1 vow to God, my loid, I ii
not know the man.
L. C. /. My lord, do you think that even
thing that a man speaks at the bar ftr la
client, and his fee, is therelbre to be bdM,
because he said it P No, the jury aiett tdu
nothing here for evidence to gokle then <f
what the counsel say, but what isappnni
They are to judge < secundum slkgala «
< probata,' that is their, duty.
L. Howard, Does that fdkiw look fikii
man of that figure, that I should say any ting,
or have any conver^on with him ?
L. C. /. My lord, I don't know wbatbek
Go on, gentlemen.
Mr. Williams. My lord, we have done vilb
our evidence. If Mr. Attorney will lotrek
here, we will.
Att. Gen. My lord, we won't mistznst Ik
evidence, nor the conrt
Mr. Hampden.. My lord, I desire to tpaki
word myself, if you please.
L. C, J. A V, m God's name. You, or fn
counsel, I will hear all you will say, aod a
long as you will speak, provided yoa fpik
within the bounds of decency.
Mr. Williams. My lord, I think it bat n
leave it to the court : We hope we make it
clear that our client is innocent.
L. C. J. Would to God you were itamoaf,
that is the worst wish I wish you, but we vil
either hear him or you speak, speak as kwf a
you will.
Mr. Wallop. My lord, I desire to make M
one observation.
L. C. J. Ay, in God's name make what 4
servations you will, Mr. Wallop, I hiodenf
you from n^ing your observations at first, to-
cause I knew it woukl be desired after the tri-
dent Was over.
Att. Gen. Then, my lord, I expect to ke
heard too. If Mr. Hampden makes s speedi,
I will reply, or if his counsel do it, 1 esft^
the last word, for I will have neither the paity,
nor the counsel to speak after I have synuatA
up the evidence for the king. Mr. HamjMka
and his counsel are aM one.
Mr. Wallop. I have but one short obaon-
tion to mtke,
L. C. /. Go on dien, Mr. WaUop, and i^
what you wiD. * .
Mr. Just. Withins. I think it is very fit jw
should do it of both sides ; it is a cause of gi«>t
concernment.
Mr. Williams. My loid, we wUl kflTe it
here, I think.
L. C J. Take your own course, do liot^
we hinder you of saying what yoa wfll w
your client.
. Att. Gen. Let them do what they will.
L. C. J. 1 will sit stiU, make speeches erery
one of you as kmg as you will. .
Mr. Just. Walcat. It is fit they shouHiraetf
what they can for the advantage of tbeir disBt.
Mr. William. My lord,. we leave it to «»*
oourt.
£. C. J. Qonamep of the juiy, ^ ^'
X 1 05] STATE TRIALS, 36 Chablbs U. i684.— /or a Mi$iemeanar. [ l io6
has been something long*, nnd the conn-
both for the king, and for Mr. Hampden,
■qg^nst whom this indictment has already been
found by the grand jury, having left it to the
court to sum up all, 1 shall do it as well as I
ocui : And the question before you, gentlemen,
isy whether the defendant be guil^ of the of-
fence charged in the indictment, or not guilty,
&iid there having been so long an evidence on
the one side, ai^d on the other, it will be fit for
me, according to the best of my remembrance,
to help yonr memories, by recollecting what
Ixwks been said on both sides, which T shall do as
nettr as I can, and if my brethren will please
to supply any thing that shall be omitted by
me, nay, if the counsel for the king^ or for the
Ei-ifloner, will put ns in mind of any thing that
as been spoken, and proverl either against, or
Ibr the party indi<ited, m Gotl's name lot them
have liberty to speak it : For it is fit the ques-
tion should be left before you with all fairness ;
and according to the best of my observation
and memory, thus it stands.
The first thing. Gentlemen, thst is consider-
able to you, is, that there is such an indictment,
as has been already opened unto you, tliat is
preferred against Mr. Hampden, that does set
' forth, that Mr. Hampden is a seditious person,
and a man, acconling to the language of the
indictment Twhich were words of course and
form in an mdictment of this nature) of an evil
disposition, designing to disturb and distract the
goremment, and that he, ivith several other
persons, did conspire to bring in troubles, and
perplexities upon the government; and in
order to that, that there were some meetings
between him and several other persons, and
that there was a design to conciliate some per-
sons of another nation to go along with them in
their design, particularly some in the kingdom
of Scotland. This is the purport in the indict-
nent, to which the defendant has pleaded not
guilty.
Gentlemen, the evidence for the king has
been of this sort, they did at the beginning,
which yet 1 must tell you by the way; is not
any thing of evidence, but the king's counsel
would make some overtures to press on their
side, as the defendant, and those that are of
counsel for Mr. Hampiden, have made some
little bints to press on their side, that some wit-
nesses the one and the others would have had
here, were subpoenaed, but could not be here.
It seems by the proof, here was a meeting, as
it was between six several persons, and tbey
name them, the duke of Monmouth was one,
the lord Howard another, the lord Rassell a
tiiird, the earl of Essex a fourth, Algernon Sid-
ney a fifth, and Mr. Hampden the sixth. As
for my lord of Essex he is gone to his long
home, my lord Russell and Mr. Sidney have
received sentence, and been executed. So
there remains three surviving, and say they
that are for the king : We produce my lord
Howard, and we have taken care to summon
the duke of Monmonth, by leaving subpoenas
where it coidd be thought he was to be met
VOL. IX.
with, with promises of his servants to deliver
them to him in order to have the duke to be a
witness for the king this day. I pre.^ume the
meanintr'^ is, they would infer from that, that
they wonld give an account of the fairness of*
this proceeding, though it has beq^i a matter
that has obtained a sort of belief in the world,
as though the duke of Monmouth had doiufd
that there was any such thing as this confede-
racy and conspiracy: And that has given peo-
ple occasion to be of very difierent opinions and
persuasions about the matter ; but, say they,
to shew we are not afraid to have the truth
come out, wc hdve done as much as in us lay
to get this person hither : Therefore we ha/e
left subpoenas at his houses, at his lodging with
his servants, ^nd they have promised to take
care they should be delivered to him, and he is
not come. Against this, on the other side, say
they for the defendant, we have taken all the
care we could to bring my lord Anglesey, who
was tq hove been a ^> itness far the advantage
of the person indicted ; but my lord Anglesey
is at present afflicted with a fit of the gout, and
for that very reason we 'cannot have him here.
And so they shew, that they haf e been very
zealous to get witnesses on tiieir side to vindi-
cate their reputation, but they did not meet
with that effect that they desired. These two
things, gentlemen, are matters that are used
botli against him one way, and for him another.
But now to come home to the evidence upon
which this matter is to turn, and here yon are
to consider, that whatsoever has been said or
offered by the king's counsel on the one side,
orthe counsel fi>r the defendant on the other
side, (I call him so, for , it is but a trespass
though a great one) you must not take into
your consideration at all any further than as
their allegations are supported by the testimony
that has been given : and whatsoever the wit-
nesses have said either lor or against him, and
out of that testimony as near as 1 can remem-
ber I will give you the objections, and their
answers, with the observations that have been
made, or do naturally arise out of the iacts in
proof.
My lord Howard, in the first place, gives
an account of this matter, and, gentlemen, the
times will be wonderful material, and therefore
I beg you woald take a pen and ink, and mark
these material circumstances as you go. For
in all matters of fact positively proved, which
also have their credit supported bycircum*
stances which do accompany them, the testi-
monies given of such facts are to be valued ac-
cording as those circumstances keep touch
with, and humour, as I may so say, the fact
that they are to evidence the truth uf.
My lord Howard does therefore in the first
place acquaint you, that about Michaelmas
there was a discourse between him and my
lord of Shaftesbury, and that was concerning
a rising intended to be had, and be tells 3'ou
how that my lord Shaftesbury vrUM fully re-
solved upon it ; that things at length came to
Aat pass, that he was forocd, to go from his
ri07] STATE TRIALS, 36 Charles 1L l684.— TWa/ i^Jokn Hmpden, [lio$
own house^ as he said, being disappointed by
the duke of Monmouth and others who liud
promised to join with him, .and was retired to
the house of one Watson in or near Woodstrcct.
But he understanding uhere he was, my lord
Howard Ment to him, (I think, he says, my
lord ShafiAsbury sent to him) when he came
roy h)rd Shailesbury fold liini, that although
there had been such a disappoint'ment by those
persons he named, yet that did not takeofi' his
edge, but he was resolved to go on himself,
nay, though, his body \%as infirm, yet lie would
be set on horseback, though he was titled up,
to appear in the head of a party that he had
prepared, and were ready when be would call
them. And he began then to reflect upon the
disappointment of the duke of Monmouth, and
as though the duke of Monmouth had only a
prospect to advance himself, and had only an
eye upon his own particular interest. That he
80 managed matters, as if he designed to have
the sole dispoRitioa of all things whatsoever,
and began to be uneasy with the duke of Mon-
mouth. My lord Howard did endeavour to
have prevailed with my lord of Shaftesbary for
a reconciliation betiveen the duke of Monmouth
and him, it being a matter that required so
much safety and security, and did desire him
that be would have some intercourse with the
dake of Monmouth, in order to conciliate a
friendship between them, that they might go
hand in hand. You find he was under some
difficulties about this matter, he was not able
to bring the thine about ; for afler he had spake
with the duke ofl^Ionmouth, and prevailed with
him, my lord of Shaftesbury was peevish, and
talked at a distance, and when he had appointed
a meeting one time, it was prevented ; my
lord Shaftesbury went away into Holland, and
there died in Holland. This is tlie substance
of what my lord Howard says as to tltat
matter.
But, Gentlemen, this is material, and I will
tell you why .1 think it material ; because the
counsel for "the defendant have made it an ob-
jection particularly to my lord Howard^s testi-
mpny, that my lord Howard is particuhir as to
the Slay afler Michaelmas-day, but he is not
so particular when he eomes to speak of other
times upon which the true question before you
-depejids. For now he speaks more generally
as to the meetings at the defendant's, and my
lord Russeirs, that they were about the middle
' of January and the beginning of February, and
is not particular as to the day. I speak of this
because that has been made use or as an ob-
jection a^nst my lord Howard's testimony.
And J will tell you as near as I can, all toe
objections that have been .made against this
"testimony af^r such tune as I . have settled it,
and laid before you what the whole of it
amounts to.
Then comes my lord Howard and says,tliat
meeting with the duka of Monmouth some
time aherthis they began to talk together,
and they thought vhat though the business had
/ailed in th« managcry of my lord «f Shaftes-
bury, yet it was fit there should bea rcaasoai-
ing of the business again ; but in order to tit-
tle matters that things may not go incoQ'
siderately on, it was thought (it that Ihej
should resolve themselves into a certain natrf-
her that were conGdent one of another, in order
to steer and transact these matters the better
among themselves. And they must he persooi
fit to ^ trusted, and for whom there should be
au undertaking among them for their faithful-
ness and integx'ity ; for all persons are not fit
to be trusted, but only such as theys^pted
upon. The duke ofAlonmouth he undertook
for my lord of Essex and my lord Russell,
those were the persons for whom he would en-
gage, as likewise for my lord Salisbory. Aod
then they began to talk of some more, parti-
cularly of Mr. Sidney, but he was a cvaical
man, and a philosopher, and they were nrst to
come to him, and to treat with him in another
manner than the rest. He was not to appeu
as the duke of Monmouth, but to take bun io
his retirement and privacies, and then thef
might be the better able to break the matter to
him. And he says accordingly there ms %
time designed on purpose; and at that sans
time the duke or Monmouth and my lord
Howard did go and attack Mr. Sidney ; tb^n
found him on a private day, and dined win
him ; and upon that dinner the whole matter
was broke up, and put into some method ; tbea
^^as the whole design contrived as to the per-
sons that were to be engaged in this matter i
and he says, they agreed upon six. Tbedakt
of'Mourauuth undertook for my lord of Essex,
and my lord Russell and colonel Sidney under-
took for Mr. Hampden. He speaks of my loid
of Salisbury ; but my' lord of Salisbury wsi
never there amoag them, and so I put hiip
out of the case, I quit him from being of tbetr.
number, because there were but six in all, sir
lord of Essex, and my lord Russell, who were
undertaken for by the duke of Monmouth, }lr.
Hampden undertaken for by Mr. Sidney, and
my lord Howard ; for by that time Mr. Hamp-
den was come into the matter upon colonel
Sidney's undertaking.
Now we are got. Gentlemen, by these stepf
till we come about the middle of January ; but,
says my lord Howard, I cannot positively sajt
it was this dav, or that day of the month ; but
beingp about the middle of January, I conjec-
ture It was about the 14th, but he is not posi'
tive to the day. He says, accordingly diey
went to Mr. Hampden's house, which was the
place first designed for them to meet in-
He says, there accordingly they did all sis
meet; and that it being Mr. Hampden i
house, they thought it most proper for bun
who was master of the house, who Q^J?
bids his guests welcome, to break silence, ^
to impart the business of the design they in^
about. He says, accordingly Mr. Hamp^^B,
after the first compliments of eatertaiiinaeDt,
did give an account of the busbess tbe? wers
come about, and that it was in order to safe a
rifling. This, he says, was proposed by w
1 109] STATE TRIALS, $6 Charles lU l684.— /or a Misdemeanor. [mo
Hampden. He telli yoa, then tliey fell into
debate about the time when, couceruing men,
And arms, and rooDey ; and likewise concern -
ingp the places. He tells you the places nvli^ein
the rising was designeil to be, were Devonshire;
Cheshire, Somersetshire, and other places, that
is, as to-the circumstance of the place. Then
he tells vou cooojming' the time ; it was de*
bckted, Whether it should he all at one tim^,
or at several times ; whether they should only
begin here, and the country fall in, or all at
once : that likewise they had in consideration
the business oY* roone^, and that his grace the
duke of Monmouth did speak of 30 or 35,000/.
or some such sura at that time. But then, as
was natural tor men of deliberation and consi-
<leration to consult about, they took into debate
that the^ mi^ht not go headk>ng, to endeavour
to conciliate another party to chime in, as he
says, alon^ with them, in the business they
were goin^ about; and accordingly it was
thought tit and proposed, That there should
bo an endeavour to conciriate a friendship with
some persons in Scotland, to fall in with them ;
and then ho tells you who the persons were
that were named : some of the names he re-
members, and others he has for|p>t ; be speaks
particularly of the Campbells, sir John Cock-
ram, and my lord Melvin : and he says, other
persons were mentioned, but he cannot re-
member their names; and my lord Russell
knew some of these persons, and the duke of
Monmouth knew some others of them, because
of bis near relation to tlie earl of Argyle, the
person that you know was. proscribed for trea-
son in the kingdom of ii^ootland. Ue says,
that so far the debate pf this matter went, that
they thought (it a messenger should be pro-
vided, a trusty man to be sent into Scotland to
treat with these gentlemen about this matter ;
and my lord Ri^sdl I think he says, under-
took to write a letter to be carried by this mcs<
senger to these Scotch gentlemen.
He says, pursuant to this consultation at
Mr. Hampden's^ a fortnight after, or there-
abouts, which brings it up to the beginning of
February, then was the meeting at my lord
Russell's house, and thers they debated these
matters orer again, and the whole manageir
of sending a messenger into Scotland was left
to the discretion of colonel Sidney, and he un-
dertook that work, that was his post that he
was to manage ; and he does say, that he does
▼ery wdl remember, that Aaron Smith was the
person proposed then ; and though he was un-
KDOwn to some of the company, yet be was
well known to others ; and by reason of that
Icnowledgethat others bad of him, they looked
upon him as a person very fit, and every way
qualified for it.
So that, Gentlemen, here is proved a consul-
tation in order to the raising of men to infest
the government ; a discourse concemiag money
and arms for this end, and the places where,
and the time when ; and of oonciliating a
friendship with some discontented penons in
Scotland, to joinf and chime in with these cod-
spirators in Eogla&d.
And then there is yet another circumstance
very remarkable, because thongh my lord
spak^ it not at the snme time that he delivered
his testimony ; yet upon the question asked, he
gives you a plain account of it ; and it has a
plain aependaiice Ufion a> 'imt went before. Said
they among themselves. It (s proper for us, as
near as we can, to shut the ddor against any
exceptions about these men's c<jming lo tre«it
with us ; but how shall we get them hither
without suspicion ? We tnust have some vhntns
or cant or other, to be a pretence for these
people to come into England ; and that was
agreed to be about some plantation in Caro-
Una.
This, he says, was tlie result of that meet-
ing ; and that when the meeting was broke up,
about three or four days afterwards (mind the
circumstance of time, gentlemen, for it is v«rj
material), colonel Sidney and he met together,
they went to colonel Sidney's house, and there
be saw him take money out of a till, where
there were several hundreds of t^uineas, or
pieces of gold ; and as he believes, he says, he
took threescore guineas, or some siich sum ;
and told him it was to giro to Aaron Smith in
order to his journey into Scotland : ThAi he
went out with him in his coach, but Mr. Sidney
set him down by the way, and he himself went
into London, telling him, he went tp that pur-
(>ose, to give Aaron Smith the money. Some
time after, about a week, or a fortnight, or ten
days after that, he says he met with Mr. Sid-
ney again ; and he says, Mr. Sidney g^ve him
an account, that he had heard A. Sinith had
been at Newcastle,. but he had not heard of him
since that time, and that is another circum-
stance in point of time^ gentleman ; so that
you have here a positive oath made by my
lord Howard, that Mr. Hampden was privy,
and consenting to all these debates, as to the
ndsing of men, and the levying of money, and
about tlie conciliating a friendship with these
men of Scotland, and about sending a messen-
ger into Scotland to that purpose. And if mj
lord Howard do swear true, no man living can
doubt but that Mr- Hampden is guilty of this
indictment. The first meeting was at his
house, and there he did take notice of what
had been formerly done, and proposed the
things, breaking the silence, and entering into
the debate ; which shews that he had been dis-
coursing about it befi>re, and had it in his
thoughts before, or .else he could not hava
propounded it as the end of their meeting.
Now this, Gentlemen, here is a positive
fact; and as Mr. Williams says true, no
man living can give any answer to a positive
fact, but by some other things that may be
circumstances to oppose that fact. Now ha
says, there are no circumstances that have
been prov^, that wiU ffive any credibility to
what has been deposed, besides the positive
oath of my lord Howard. So that, says he,
your fact, though it be positively sworn, is
not supported by any circumstances of the fact,
that may giye credimlily to it. And he objectSi
1111] STAT£ TRIALS, 36 Charlbs II; i684.--7K«/ ofJiAn Uwnfim, [lin
r
▼ery materiaHy ; for if it be not supported by
c redible circuinstaDces, then indeed it would
be less material ; yet I cannot say, it would
not be at all material ; it is material, and you
are to determine, whether yoq have sufficient
evidence i^i\ en you, to induce you to believe,
that nhy lord Howard is at this time guilty of
ivithil and malicious peijiiry, for it is perjury,
ami that in the highest degree, if it be not true
that he says ; and God deliver all mankind
from being guilty of any such thing. 1 leave
that to your consciences, gentlemen, who are
the judges of it.
l}ut, says (he king's counsel, here are cir*
cu instances that do support our fact, and the
ercdibllity of it. For, first, here is the circum-
staure o(' Aaron Smith, who was sent into
Scotland by Mr. Sidiiry in pursuance of tliis
design, aud thiscircuini^tance my lord Howard
does subjoin tu what he has pasitively affirmed
against the defendant. And this circumstance
h a thing that may be helped by other proof;
and what is this circumstance ? Say they, that
Aaron Smith was sent into Scotland ; and in
order to prove that,^ they have called one
8heriffe, who is a man that keeps an inn at the
post house in Newcastle, from whence colonel
•Sidney told my lord Howard he had notice o^'
his airival at Newcastle, but had heard no
moro^of him after that. ' And Uiis Sheriffe
swears directly, I saw that man they call
Aaron Smithy when he was shewn to me before
the king and the council ; and Mr. Atterbury
swears he shewed Aaron Smith to him, and
then Sheriffe swears, that man you shew-
ed to me was the man I saw at my house at
Newcastle, that chimes in with the circum-
stance of iiict that ]^Ir. Sidney heard from him
at Newcastle. And then there is the circum-
stance of time when he saw him there ; says
he, I saw him the Friday before Shrove-
Tuesday, which they^in the north call Easter's
Even. He came to my house on Thursday
isight, and Went away the next day, Friday ;
and ho went with his guide, the other man,
Doithward, in oi-der to his journey into Scot-
land, as he himself said. Says he, I remem-
ber the time very particulai'ly, it was the
Friday belbre Shrove Tuesday last, this Fe-
bruary was twelvemonth : and he went yet
further, says he, I did not only see liim when
he went away, but when he came back again,
lor he \ei\ his man at my house all the time,
and he tells you what his name was; for he
says, Smith went under the disguised name of
one Clerk, and he did then talk of going to the
western parts of Scotland, he named Douglas
as he thinks, though be is not positive in that,
but he is in the person, that was tlie man.
And, says he, I sent for this person, the other
fellow, Bell, and he was the guide he had along
with him. And upon Bell's examination.
What says he? Says he, I ramember that
man came thither at that time to the other
man's hous^ : 1 take it upon my oath that is
the man, and he went by the name of Clerk:
bfi hired me to b? bis guide ; I went out with
him on Friday momiiig, and I went akng viA
him all that day ; but upon Saturday, wkkh
was the next dav, going northward with lun,
my horse tired, and failed me : Therevpail
was forceil to be left behind, but I ovolMk
him on Sunday night following; lofot^
him at such a place, and saw him witbisu
miles of the borders of Scotland. I take it
upon my oath, this is the man that was th«
under the name of Clerk ; and at hisretonuif
back again I to<^ notice of him, 1 went op to
hip, I drank with him, and we had diseoane
of our journey. He told me at first, he was to
go to the west of Scotland, and so he wot
northward. After that, which wasabootta
or twelve days, he came back again, andsi
went southward towards London. This he doik
swear directly to be at that tiniie.
Now, Gentlemen, the time is wonderful mi^
terial in that case, because that very tuae
twelvemonth that they talk of, is the begiimiog
of February. If you look upon your oU
almanack of the lastyeai- (I happened to haic
one in my pocket, and looked upon it, wka
the men gave their testimony) and there y«
will find, that the Monday before Shrofe-
Tuesday, when he says, he left him witbiD«
miles of the borders of Scotland, falls out to
be the 19th of February ; I will kwk upon H
again, lest I should mistake ; 'tis just so, uk
that humours the time that mv lord Hoviri
speaks of, which was about the middle of
February ; a few days after that, he saw tke
money was given by Mr. Sidney ; and tlm
tor the time tor Aaron Smith to get to New-
castle, there is a fit space of time, for it fiib
out that the Thursday that he arrived at New-
castle, is the 15th day of February, and w i
falls in well with my lord Howard's testimoiiyi
and so the Monday that he parted with bin it
the borders of Scothind was the 19th, wirick
also just humours the time that he speab<C
So that here is a circumstance of tact to con-
firm his testimony, both as to tlie sending tbe
messenger, and the circumstance of tine.
That he is the same man is proved bv ditfe
two witnesses, who agree in this, that be wis
there about such a time ; and it does likevM
humour that other circumstance of plac^ tbit
Mr. Sidney said he had beard from him fnn
Newcastle, but not since ; and then there is tlic
other circumstance Which backs and con&iiv
all. There was not only a sending for these pe^
sons, but there is notice taken that tbeie
Campbells, who were to be assisting in ^
matter, were to come about the sbain, vA
under the disguise of purchasing plantations 0
Carolina. Abont the beginning of Jane t^
came to town, the two Campbells, sir ^^
Cockram, and Mr. Monroei Sur Andrew f(i^
he tells you he met with some of the men, uw
they told him, they came about the buane^
CaroUna ; and so the cant of Carolina is bmw
good m this circumstance that way ; but wasn
le plot brake out, these men skulk, one m^
one way, another another ; some were taseii
as they were escaping away by water ; otb««
1113] STATE TRIALS, 36 Ch arlvs II. l6M.—for m Misdemeanor. [1114
^of* them vere taken upon the bed at noon-day .
in Moor-fiekls : Had the business they came
<»ver into En^nd about been a Mr, and a law-
ful, and honest business, why should they hide
themselves ? Why should any man sneak, and
iikulk and be ashamed to own an honest and law-
^fiil bnsrfness ? But this does humour and touch
the thing exactly, as to that circumstance, that
Carolina was only a cant for to diseuise their
comings over. Tb^se are the two only circum-
stances that seem to be bretty strong for them,
to prove and support tne credibility of what
thoir witness has sworn.
For, Gentlemen, what a^wonderful sort of
expectation wonid it be, That we shall never
«onvict a man of high-treason, unless you can
bring a man to be a witness that is not con-
cerned ? For then all these pei-soos must have
been acquitted, for tliey intrusted none, it
seems, but these six; they took care they
would keep it amount themselves. Do you
think they called their servants to be witnesses
of what they were about ? That is a vain and
itile imagination. In the Popish plot, what
w^itnesses of it had you there? Were they
strnngerB to the plot? No, you cannot expect
any witnesses but such as the nature of the
case will bear.
This is the meaning of the eTidenee that has
b€en given for the king, and it carries a great
I weight in it. But they have made an objec-
tion, which indeed is not remote, but may con-
cern the question very mncli. Say they, if we
prove my lord of Essex was not there, or such
a one was not there, would it not disoreiUt the
evidence of my lord Howard ? Yes, certainly.
It would wholly discredit it, and he were not
to be believed at all ; nay, which is yet nearer
to the qnestion, if Mr. Hampden, that had no-
tice all along of the tiroes fixed wherein this
transaction was, to wit, about the middle of
January and beginning of February. For be-
cause they talk of the prints, Mr. Hampden
had from them sufficient notice and intimation
of the time. If Mr. Hampden, that hath had
all this notice, could have proved before you,
that he was in Prance, or any other place at
that time, that bad been wonderful material.
Bat all the circumstances that are any way
significant to support the credit of this matter
sure very well proved ; and so the testimony of
my lord Howard is, by these concurrent cir-
cumstances of fact, sufficiently supported.
Noir, Gentlemen, I must tell you, This being
the substance of the evidence for the king;
1 will DOW, as near as I can, give you an ac-
count of the evidence tor the d^'endant ; it was
opeDsd by Mr. Williams very ingeniously for
the advantage of his client, as every man is
L* bound to say what he can for his client. He
made a grpeat many objections against my lonl
Howard ; so if he could but sliake the testi-
mony of my lord Howard, then he . might
easily bring off his <dieut ; and if you, upon
any Uiing that has been offered, either in evi-
dence, or by way of observation fairly made
from t^e evidence, do believe my lord
Howard has f(>rswoni himself, yon must
iind Mr. Hampden the defendant, not gnilt>' ;
but if you believe he has not forsworn him-
self, you must find him guilty. So all otn:
matter is redi\?ed into a very narrow com-
pass; and therefore I must repeat it again
what I said at the beginning, if my memory
do not serve me to recollect all right, the
counsel for the defendant shall have fro^
liberty to iujlbrm the cotirt of what has been
omitted.
First, says Mr. Williams, My lord Howard
was a man very deep in a conspiracy with my
lord Shaftesbury, by his own acknowledgment,
endeavouring to conciliate afrieiidshin between
the duke of Monmouth and my lord Shaftes-
bury : and so he had a great hand in the plot ;
and what he might do on purpose to get him-
self out of danger from that plot, and procure
his pardon, is not known.
It is a very strange thing, that it should be
an objec'ion before he had his pardon, that he
did it for fear, and to get his pardon ; and when
he has it, now the objection is, because he has
his pardon ; and he got it, say thej^, by this
means. It seems, whether he had his pardon
or no, it must be fin objection against him :
Before he had it, he was under the fear of not
obtaining it 'till the drudgery of swearing was
over ; but now he has his pardon, What now?
Why he does it on purpose to accuse other
people. Why, he says no more now than
what he has said before he was pardoned ; and
if after he is pardoned, when he la under no
dread of fear because of his guilt, he says
the same things that he did when he might be
in fear, how can that be an objection to him ?
It cannot be thought he does it to save his
own life, for that is as safe now by his pardon,
as it can any way be ; and it is, and most be a
great satisfaction to his mind, and will be so to
any other reasonable man's mind; And is a
plain answer to the olgeoiion of his fear, (for
It is a captious age we live in, that will make
some specious objection or other, though it be
not cf any great weight) But how can it be
thought a man wouM come and swear loo
much, or too far, for fear lie should not save
himself; or, as.llif y call it, swear himself into
a pardon, wiveiftie nas his pardon? It m^t
be an objeotkm before; but as kmg as he is
under no. such terrors now, but stands right,
both by the laws of God and man to be heird
as a witness, I think it wonld be hard for any
one to come, and say. This man wonld fbr«
swear himself. What should provoke him to
come and forswear himself, wnen he is under
no danger as to his own particular ? There
miflfht 1^ an umbrage, I say, of an olgectioii
before he had his pardon, though it was, in-
deed, no objeotioQ before; not a rational
weighty one, to set aside his testimony. Bat
nobody knows which way in the world to sa-
tisfy the minds of some sort of people.
u the next place, Gentlemen, says Mr. Wil-
liams, You are not positive as to the time ; yoa
say, it was about the middle of Jaaoaryi or the
1115] STATE TRIALS, 96 Charles U. i6B4,.*-Triia ^fjohn Hampden, [i US
begioning of Febniaiyi and that is too ffeneral
and wide ; but . you reiaaaiber particukriy to
a day the business between you and my lord
of Soaftesburv, That that was the day after
Michaehnas -day : How can you be so par-
ticular as to the one, and not as particular as to
the other P
Why, I will undertake that Mr. Williams,
when he made the objection, must needs think
of the answer that would be given to it It is
notoriously known, that the pressures these
gentlemen thought they lay under, were what
my lord of Shaftesbur/'said, Now they have got
the juries into their own power, and no man is
safe 'y they will find me or any man guilty, as
they please ; why, how came they to fex ju-
ries into their own hands, but by harmg the
sherifTs as they would hare them ? Now the
sheriffs that are to return juries are, as all
men know, that know any thing, sworn the
day before Michaelmas-day; therefore he
might very well, and had good reason to
remember that day; when such a noto-
rious thing happens to fall out at such
a notorious time, it is easier for a man
to remember that time, than ta speak to
the particular time of an action, done about the
middle of a month, where there is not such a
notorious circumstance. Why, I can )ell you
very well where I was upon the day before
Michaelmas- day ; upon that day, and the day
alter ; for that very reason, because it was a
notorious day about the swearing of sheriffs
in, London. But if you ask me, where I was
the middle of January, or the middle of Fe-
bruary, 1 cannot so well i-emember that. But
there is credit to be given to a man that speaks
to a notorious pircumstance, and thereby
E roves the probakuhty of what he says, though
e should not be so particular in a thing that
a4mits oot of such a notorious circun^stanoe.
Gentlemen, I make the objections as they
are stated on the one side, and on the ether
side ; and the answers that naturally flow to
prove the matters before you one way or other;
and you are to judge, you aire to weigh them ;
and which has the greater credit with you, you
are to take notice of.
He does say, in the next place. Here was a
discourse of arms and armed men, and a great
sum of money spoken of, but there brealu out
nothing of this matter *till July following ; but
this debate was in January and February be-
fore. For that matter, the answer that is
S'ven, and it seems to be a plain one, is. That
ey were to conciliate a correspondence with
people that were abroad, and that they could
not go on 'till they had effected that, and 'till
these people came to join with them, which
could not be without some time. And you
hear the Cockrams and the Campbells came
not to the town 'till June or July ; so that it
was not probable it should break out 'till then,
because it was to be agitated upon their coming
here. And so that o^ection is answered, they
. did not apprehend any such necessity for pre-
•nft engaging in it. rormy lord Howard, be-
cause he 'thought it would be a work of time to
settle the correspondoioe, and get these people
to town, went down to his couotry-boitse ia
Essex, and from thence to Bath, for he did ap-
prehend some considerable time naust be wfoi
before these people could come ; and tberelbie
he thought it convenient to take his retiiedteai
in the mean time.
Ay, but it is strange, says Mr. Williama, ai
be makes that another objection ; be would
have my lord Howard to draw in tliisaccosatisa
of Mr. Hampden, to procure his pardon,^
going further than the other discovereis had
gone. It seems, say they, Mr. Hatnpden w
not thought of at first ; but because VVest aad
Keeling had discovered a plot, my lord Howard
to secure himself, must. go a step further tins
they, and (as the defendant's counsel wonU
have it) tban the truth ; and that is the stress «f
the objection. But the weight of tbe proof is
Suite different ; for all men know, in the plot
lere were several parts. There was the bun-
ness of Keeling and West, and that was the
assassination ot the king and the duke ; but the
duke of Monmouth, my lord Howard, and thoM
other gentlemen, were for the bosineas of the
rising, though that might be in <M^er to thsi
other purpose ; but they kept not (x>mpany witk
those that were engaged m that part of the
design. They were the underlings, the 90010-
drel plotters, that were concerned in the aans-
sination. But these |^ntlemeu looked opss
themselves to be pnvy-coonsellon, not to
be the executioners ; they were to be only ad-
visers, what was to be done after th^ other ha-
siness was over ; and their consultations wcr
for raising of men for an insurrectiaD, not Ihc
business of the assassination of the kin^, thst
was not their province. Can it be an obfedM
against my lord Howard, because he gives s
testimony West and Keeling oonld not give?
Could they go iiirther than Sie killing ^of the
king, which was their business: if any ana
should have asked my lord Howard abotU tbsl
matter, he would have made answer. It was not
for that purpose that we met together at Mr.
Hampden's and my lord RusseU's ; no» thst
was upon a particular business, and to a par*
ticular end and purpose.
Then he says too, that though nay kfd
Howard comes here upon his oath, and dedaras
these^veral matters tnathehath deposed ; jret
he has given a difierent accopnt of tninga efae*
where, and he has called several witneaaes ts
that purpose. To whom my lord Howazd sa-
veral times upon his honour, .upon hia w«d,
with eyes liited up, and hands elevated to
heaven, and many extraordinary protestatiaBa,
declared that he knew nothing of the plot ; and
say they, if a man will at one time pawn hii
hononr and his reputation for the truth of a
thing, and after that, will come again to swesr
against idrthat matter, that is an ai^ument thst
does sink the credit and reputation of that wit-
ness ; and thereupon they call yon several wit-
nesses, some whereof are persons of great ho-
nour and quality. I think they b^pn fiiil
1 1 7} STATE TRIALS, 56 Charles IL l684.«-^or a MUdmeawn'. [l\\$
ritfa Ducas, seirant to colonel Sidney, and he
^Is you, afler his magt^t* was taken, my lord
Howard came thither, and desired he might
ie th«re ; and desired the use of some plate and
Coods of colonel Sidney's ; and then asked,
I'bat was become of his master? and when
!](aca8 told him what he heard of the plot, that
oooethinaf was talked of about the assassination
f the king and the duke, my lord Howard
ifled up his eyes and his hands to heaven, and
eclared he knew nothing of it, but he believed
olonel Sidney was a Tery honest man, and
new nothins; at all of any such matter ; and
s for himself, rather than he would be taken
r confined again, he, would do any .things
liis ^vas the evidence they gave as to him.
lien they come witJi Mr. Howi^rd their second
ntoess ; for I would take them in order as
bey were produced, and he gives you an ac-
ount, that he met with my lord Howard, and
ay lord Howard told him, he knew nothing at
II of any plot, and did believe that colonel
lidney was innocent, and he did betieve like-
f^ise that my lord Russell was innocent, and
w bis part he knew nothing of any such thine
s a plot ; but he says, when he began to talk
9 him, why did he make such a bustle, and
t) so oflen into the city and concern himself
bout tbe making of sheriffs ? He answered, I
o nothing but what is in a legal way ; and he
ostified all that was done to & only in a legal
when once people come to believe, that the
aising of tumults, and makin&f seditions, stirs
nd noi9es, is a legal way to obtain their ends,
8 ^e know it is the tenet and principle of
Teat many people, what will they not do under
bat pretence, that all they do is according to
iw ? They think it is lawful by the religioD
liey profess, to resist and oppose the govem-
)ent, and tbe Old Cause is a good cause to
^18 day in some men's opinion, and they can
ie in it, and thank God for being concerned in
:. And there are some people that say, the
using of arms by tbe king's authority against
ii person is lawful by the religion'they pro-
!ss, and they call themselves Protestants (how
istiy you may imagine) ; and if men will
sake insuiTections to difficult the government,
; is rebellion, and no man can justify it, let him
retend conscience, or what he will, it is rank
*eason, it is not saying I am thus persuaded in
ly conscience, that will excuse the man ; if I
leer myself by tlie dictates of a good and re-
ular conscience, it can never be thought that
shall commit treason, but it is the effect of
ril principles.
Was it not under the^ shape of religion, that
lat blessed martyr king Charles 1, of ever
lessed memory, came to the block : Nay, and
have heard ot some men in the late times that
ere engage;! on that side, who finding that the
ing did prevail at the banning of the war,
$canse he had gentlemen of quality and spirit
' appear for him, were at a loss to know which
ay in the world ttiey should put a spirit in tbe
^OUDOD people to oppose the king ; and »ome
among them bid them to be sure to put religioa
to be but the pretence, and that would make
them run headlong to what they would have
them. Whose opinion that was, is not strange
to any that know any thing of the liistory of
those times. So that when once people take it
to be the principle of their religion to oppose
and resist all that are not of their persuasion,
and for religion sake to resist authority, then
they think all is luwful^ey can do to preserve
their religion as long as they are wound up ta
that opinion.
The next witness, Gentlemen, is my lord of
Clare, and he gives you an account of his dis-
course with my lora Howard. And by th«
way 1 must observe, what 1 am very sorry for
with all my heart, to hear, that among gftetla*
men of quaUty and honour, discourses of tbft
government, and the mal-administration of it,
as they think, should be only matter of jest fit
for their recreation, and laughter, only merry
table-talk, as though government^ so sacred »
thing, were as mean as anv trivial concern
whatsoever. I am sorry to near and see, that
persons of great honour and quality should es-
teem it so. And I must be pardoned if I taloBi
notice of it: For matters ot government, and
yielding obediencft to superiors, is a matter of -
reliffion, it is a serious matter, and every man
ou^t to make.conscience of it ; to talk of go»
vemment with reverence, as well as pay duty
and obedience to it. And when I find it made
a jest, I must be permitted to say that is not sa
well done, and whoever it is that makes it ao^
ought very much to be blamed.
My lord of Clare, comes and testifies, that
my lord Howard told him, be did not believe
my lord Russell was ^ilty of what he was ac-
cused of, much less did he believe it of cokmel
Sidney, and when he hemn to talk about writ-
ings found in Sidney's doset, he said, there can
be nothing of his writings found, that can do
him or any man else any hurt. This is the
substance of what that noble lord has said.
Then there is my lord Paget, and he like-
wise gives you an account, that he bad some
discourse wUh ray lord Howard about the
{dot ; and he told him too, tliat he did not be-
ieve any thing of this plot, or that my lord.
Russell and others accused had any band in it.
But I would observe this one thing upon my
lord Paget's testimony, that still my loiti
Howard was wished joy by every body, and I '
am glad to see your heels at liberty, Mid tbe
like. So that there was some jealousy of bis
bein^ concerned ; something or other there,
was in it. Says my lord Howard, I look upon
myself as affronfeedf, that any body should talk
so of me. He was concerned that they should
suspect bim. But something there was at tbe
bottom. Says my lord Paget, 1 am glad to
hear you are out wit. For be began to ima-
gine there must be some fire for all this smoke.
That, gentlemen, wasthediscouase he bad with'
him. But he says, that with my lord Paget
there were discourses of bis going beyond letr
but be did not go. j
1 1 J9j STATE TRIALS, 36 Charles W- l684.—
iThen c<mies Dr. Burnet, and he telis you,
Ifaftt there were protestations made to him, and
be has gt>t the same words as the Frenchman
had, that he did it with lifted up eyes and hands,
he professed solemnly he was alto^her a
stranger to any such thini;. The doctor says, .
he bad heard there was a plot, and was per-
waded of the truth of it, but he was a fittie
shakeB by what my lord Howard said to him.
But now he is sumcieatly satisfied there is a
plot, and I am gUA he is, for I think it scarce
does remain a oonbt, with any men that have
any value for the religion and goremment we
live under. And I know not how they could
be better satisfied, than by the evidence that
has been given of it, a main part of which was
Even by my lord Howard. All this before my
rd Howard was taken.
Then comes in one Mr. Gisborne, and he
tdls you the same story, that a great whUe
a|^ my lord Howard told him he knew nothing
•t the plot.
The next to him is Mr. Blake, and he tells
you, that after such a time as the plot was
diseovered, and after my lord Russell was tried,
and after my lord Howard had ^ven evidence
at the Old Bailey, he shewed him the warrant
Ibr his pardon, and Blake telling him that was
■ot sumcient without an actual pardon ; he re-
Bhed, I tliink in my conscience I shall not
nave a pardon till the drudgery of swearing is
over. But b that any argument P Here is
a man under the drudgery of swearing;
therefore he did not know any such thing ap ne
•wefirs. It carries thus much sJong with it,
that it was uneasy to him, and there is a kind
of a force put upon him to swear, as tliey say,
in order to his pardob.
But now, Gentlemen, that will admit of this
answer, and a plain oue certainly it is, when a
man comes over and over again to tell the
world such a story, and ^ves such an account
of himself, it must a little grate upon him,
though it be his duty to tell the truth, and
though, as Mr. ^Uiams says, he is the best
martyr that is a martjrr for truth ; even so say
I on the other side, he is the best penitent that
is a penitent for thith, and he is the best wit-
ness that is a witness for truth's sake, and he
gives the best testimony of his repentance, that
by his testimony declsjres the truth, though it
be harsh anduneaay to him ; for if I have any
ingenuity, and have lived in good credit in the
world, it must be a drudjpeiy and irksome
thing to call myself a traitor so often in a
court of justice. It is true he might have
given it a more moderate term, and yet withal
upon these circumstances, he might have
reason to call it iu some sense a drudgery.
But now, gentlemen, as he did swear it, tefore
he had his pardon lirom time to time upon all
oocanons when he was called as a witness : so
now the pardon is come, which they would
have to be the Veason of the continuance of his
drudgery, he swears the same thing. He has
his nardoo under the king's seal, and thon|fh it
BigDi ba thought they would keep him within
tbe compass oC bis
evidence ; uow he
swears tbe saoM _
does not at all influeacc bii te^M.^
not under any fear, h«iti»asfr»ii«j^i
tlie king has, and cow be is i^« W^-
gives you the aoooant yo« ba(»< W. ai
did say all the saiDe tfa'ings, M*^
as colonel Sidney, aod my b^d R
tri%d, that he says no'vr.
Then, GentJeineo, you base *■ *»
place witnesses called, several rf^^ •
you an account of tbe convenauw
position irf* Mr. Hampdea ; for «n ^
liams, for a man to be guiby ^* ***"!?
nature, there must be sotne kind rfq*
sition to it, and so Mr. WiBiams w%m
ai\d make this inference. Voa see be •
man of a turbulent, seditioas and
spirit and temper, he is a studiBO
very retired, that has been beyoodaei
and came not home tiH such - •-—
there were interlocutions b
Howard and my lord Shallesbunr, it v»
he came into England, and so be wai
concerned in them.. He Kays, *^*
last he was to go again, be bad a ™^
turn again to France for his health ; ssi'
reason have we to imagine be shoold **
himself in the plot, when _ be was •^^
man, lived so retired a life, and iotenW
abroad so suddenly ? And for thw J*
my lord Paget, Mr. Pclbam, sir ^^^
bart. Dr. Lupee, Monsieur Jiiw, m
Murray. _,
Mr. Williams, Murray, my lord, we «
examine. g^
L. C. J. It is true, I beg^ your jmrdoa. W
then, these others tell you, they bo« Jf
persons very intimately conversant '^ J
they never knew he concerned bunsa^
any thing about government, but was of a ^J
peaceable deineaiior, and was so ^"',"**'-jj
which the indictment talks of tur6ol»cy*'
sedition, that they never had any dtfCfl^
with him about any such tiling ^\."h^
what Dr. Lupee says, who it seems »▼«»•■
him about two years, and kept him coaw
in his studies ; and that once ^ving ssaj^
course about the Popish plot. He «"«« »?^
venture bis life, and any thing he had to P
serve the king and government agaiosi
plot, be did very well, and if he *>«i,?"*'i!l
clared, he would have ventured his We w ^
secured tbe king and government «ff^ .
plot, I sliould have been gbd to find m
that mind, I pray God you may find himw
so. But Irom the evidence, even of that ITCT^
man, it seems there was some jealousy »»
worid, and that he liy under l*ard censa^
%rell as other people. For speaking « ^
plot, the advice given him was this : ni\
Gr^y is gone, iSd the duke of MoDW^^Jf
gone, why won't you jro ? Why rf»ouW JJ^
advice be given, if there were no .«wsp^S^^
his being concerned ?,Tbaihe^Mid^J^^ j^
go, and so they would make his ^}^
8
list} StAT£ TRIALS, S6 CHAaLsS It. l6M.'^far a Midemeanat. [f US
\
to be «i instance and proof of hw innoeence ;
^rby, gentlemen, if that should be so^ then
there was the same innocency in my lord
Russell, and colonel Sidney, and all of them :
Ibr all the council of six, every one of them
stayed, except the duke of Monmouth, and he
indeed did abscond. And the' same evidence
that made the duke of Monmouth fly, and my
lord Basex cut his own throat, convicted my
lord Rossdl and colonel Sidney, and is now
iMroiigbt against the defendant, and has from
time to time been given aeainst the rest. We
loiow no reason that they nad to stay more than
"West er Romsey had to stay and be taken, and
yet that is not used by them as an argument of
their innocency.
These are the evidences that have been given
on the defendant's part ; and I tell you as I
^ along what answers were given to it on the
part of the king. As to what is spoken ot* his
antention to go again into France, if he de-
sired to ffo, why did he not go before all this
ffTiiscbief broke out ? He came here at Mi-
ehadmas, and 1 mav say he came, it may be at
an unlucky time, wnen the city and its negh-
bourhood was in a distemper, and some men
Were blown with fears and jealousies. These
xnigbt animate him, and inspirit him tis they
^Bd other people, and put them into a ferment ;
but you find nim attending in town constantly
bere until the matter was discovered, • what-
f9oever his intentions were, it is much he did
not put them into action, it is strange he did
not go all this while, it bad been much ibr his
iMlvantage that he had never come* out of
Vianoe, or that be had returned thither much
0obner.
Against all this that has been ursed for the
defendant about my lord Howard, 1 will tell
yon what is the answer to it ; and truly Arst 1
say, 1 am apt to believe my lord Howard did
fell these gentlemen what they here testify ;
but was it ever thought, that any man that
was- |[uilty of high treason would presently
proclum bis own gvtih? Is it reasonable to
imagine, my lord Howard would tell l!)r.
Burnet I am in a plot, and colonel Sidney is
in a plot, and Mr. Hampden is in a plot, and
make it his common talk P Nay, it is so far
from being an ai^umentof htsinnocencv, that
more naturally it may be turned upon them as
anargnment of his guilt. For ira man had
not been concerned in the business at all, but
were an honest man, and free from suspicion,
what need 1 talk or concern myself to proclaim
my own innocency, not beme accused ? Why
must 1 tell colonel Sidney *s footman, this man,
the other man, that I know nothing of the
plot, and neither' I nor any other man I am
sure u concerned in it ? But that shews there
was a dread and apprehension upon him of
something that he was conscious of, and that
lying within mnst have some vent, and this
4>ver-caation is an intimation that there was
something more than ordinary in the miatter.
We take notice of it as a great evidence against
• man that is accused for an highway-mao, if
he comes to such an ale-house or inn, and bids
the people take notice I am here at such a
time of the day, and that is a circumstance o^'
time that will sen-e to 'answer a proof, it may
be, that may be brought agmnst him of a rob-
bery done at such a time ; out we always look
upon that industry of their*s, as a piece of ar-
tince designed to patch up a testimony to evade
a proof. So that the argument will tui*n the '
otner way : and it is more for the advantage of
these worthy gentlemen, that it should be
turned tiie other way, for otherwise they
would be thought to be persons ill affected to
the government; that is, Dr. Burnet, my lord
Paget, my lord piare, and the rest. And if
they hav,e a mind to be thought otherwise^
they must let the argument run that way as I
say, and in charity we onght to believe the
best of all mankind, until we find otherwise by
them, ^e say then in charity, we suppose he
thought it not fit to intrust you with nis con*
fpssions; lor you are^all loyal men, 1 know it
is the best answer that can be given, and that
which they oupfht to value themselves upon ibr
their own credit and reputation, and not to
make an argfument against my lord Howard, ^
or against the credibility of his testimony ia
the matter.
I do not know, truly. Gentlemen, that I have
omitted any one thing that is material, on the
one side or on the other, of which there hath
been any proof ; but I must only repeat to yoa
this, here is a matter of great concern and conse*
quence ; a matter wherein the peace of the go-
vernment and the kingdom is copcemed in* a
very high degree ; a matter, that if there were
another witness as positive against the defendant
as my lord Howard, would amount to no less
than nigh-treason. But as there is but one
witness, backed ivith these circumstances ta
corroborate his testimony, it is but only a tres-
pass ; but I tell yon it treads very nigh upon
iiig'h-trpason, and the tendency of it was te
bnng us all into confusion ; and what would be
the consequence of thatj but to lay us open te
the same mischiefs that we were under m the
time? of the late rebellion ? For though men
pretend never so fair, and veil it under the
names of the seCBrity of the government and
the Pi'otestant religion; y^t they would have
done well to have tarried until they had a legal
authority to call them to consult of these high
matters that they pretend to secure ; that had
been well. What nad these gentlemen tode
to take upon themselves this power without au-
thority ?
Gentlemen, you have heard the evideneey
and you see what it is. And I must say, the
late evidences you have had concerning ano-
ther business of this nature, I wish that might
be said to preserve and support the credit of
some persons upon whose testimonies lives
have beien taken away, as has been said, and is
evident for the advantage of my lord Howard.
I do not find that he has been guihy of peijory,
as being concerned in taking oaths one way,
and then giving evidence another, I mean;
4C
1123], STATE TRIALS, d6 Charles It. l6S4.--rWa/e^«Mb«Baipdb, [if^
first taking' oaths of secrecy, and then reveal-
ing' ; not but that notwithstanding all this^tliey
niay be believed, and God forbid but they
should be bdievc^ according' to truth. But I
say, if objections df this nature are to prevail,
ive must never expect any great crime to be
punished, because we must stay until persons
that are strangers to the guilt of the fiaict come
to give evidence of it, which is impossible to
be Jone.
Therefore, Gentleroen, I must resolve it all
into one head ; you have tlie case of a gen-
tleman of quality on the one side, and the peace
and preservation of the government ou the
•iber side. You hear what is proved against
him, the evidence given on this behalf, the
obieotion» that have been made by the counsel,
which aU of tliem, as near as I can remember,
I have repeated to you, and I ask your pardon
and tbeir's if I ha?e omitted any thing, and I
desire to be minded of it You hear the an-
swers that have been given. And because the
cxninsel were unwilling to give the court trou"
Me, ov themselves to make long speeches and
cJbsevvatioBS)' therefore I have been neces-
sitated to do it as well as I can.
Upon the whole matter, my loitl Howard
has thus positively sworn the matter of fact
oharg^ed in the indictment against the defen-
dant ;. he has been supportetf by the witnesses
that oonfinn the cir^umst^nces^ of Smith's
goin^ into Scotknd, the SBcotchmen^s being
. ere m June, and the sham and cant of Caro-
lina. All which you have heard, and I make
no question observed, and is not. contradicted
by any thing I Itear that carries any probability
of an answer. Therefore, gentlemen, I leave
it to 3^ou, whether upon this evidence you will
take it upon your consciences and oaths, that
my lord Howard is guilty of wilful and cur-
rapt perjury, then vou must find the defen-
dant not guilty ; but if you tliink he has
proved the matter fully, and his testimony is
supported by those tour witnesses, Attcrbury,
sir Andrew Foster, Sherifib and Ikll, then,
gentlemen, you must find the defendant Guilty.
Juryman, Mv lord, we deiiire to ask one
* question. At the meeting at Mr. Hampden's
house, I think my lord Howard says they went
to dinner.
Just. Holloway, No, it was at col. Sidney's
they went to dinner.
X. C. J. Ikndw not whct'icr you ha\e taken
notice of it, but I have,' it wus at col. Sidney's
they dined, not at Mr. Hampden's.
Then the Jury withdrew from the bar, and
within half an hour the jury returned, and
being called over answered to their names,
and gave in their verdict thus. -
CL ofCr. Are you all agreed of your verdict?
Otnnes. Yes.
CLojCr, "Who shall say for you ?
Omnes. Foreman.
CL qfCr, How say you ? Is the defendant
ff^ilty of the trespass and misdemeaaor whereof
me is impeached, or Not Guilty ?
foreman. Guilty.
Which Verdict being recorded, Ac cwntroc.
Martis T2 Februarii, An. 1684. B.E.
X. C. J. Mr. Attorney,. Hav«c yoo toy ^
to move?
Att. Gei^ I pray youi judgment agM
Mr. Hampden, my lord, who was conided
the other di^ of & great misdemeanor.
X. C, J. Lei Mr. Hanpdea oome iaiD ^
court then. [Which he^did.']
Att, Gen. Mjr lord, I need not agg^ravalelk
heinousnesss of the offence; for it 9man
botli by the iHlbrmatiou, and upon the enmi
to be beyond all aggravation, wherefore I
shall only pray your judgment for the kiig,
that you would pleaso to set a- good fine vf»
him, and that he find sureties for his g«mlb^,|
haviour d uring his life.
Mr. Williams. May it please your loidslttp,
am of counsel for Mr. Hampden.
X. C. J. Are tbe rules out in thiscanse?
Mr. WiUiam. Yes, my lord, they arc oat I
L.C.J. Wellth^, what say yon for Mr.
Hampden ?
Mr. William. Mr. Hampden does sttoAl
here according ^o the condition of hisnof-
nizance, and shioe Mr. Attorney hath P^
your judgment, I shall not stir any thing as isl
the indictment or the verdict, bot all I h»e l»
'Say tor him is this, Mr. Hampden is but hot
apparent, bis father is alive ; and so tbosh
he has the prospect of a good estate, yctle
has but little at present m poascssiOB ; yov
lordship knows what Magna Chartasays^tfait
there should be a Salvo Contenemento in A
fioe^, and how far that may be an ingredfOH
into your lordship's judgment, I leave to ytv
consideration.
X. C. J. For that matter, I cannot tell wfcat
estate his is, I have no knowledgre of him« off
of his estate, whetlier it be great or small ; bot
Mr. Williams knows very well that the criiBe,
in conscience as well as law, in case it bd
been proved by two witnesses, would not ooly
have wrought a foi*fei(ure of all his estate, Iw^
a forfeiture of his life too, and all his repo-
tation, would have bastardized his children} oh
would have attainted and corrupted his blooi
So that there is no sort of imagination bntditf
the crime was high enough of conscieooe; ui
certainly deserves, if we can impose it adeqn^
to its desert, a very ^reat punishment. Mr>
Hampclen nor his counsel cannot deny hit
that they bad a fair and a full hearing, they
had the liberty to say and prove ail that tb<7
could, and you cannot but say, Mr. Atton^f
was very isiir in making several ooncessioQi
that he might very lawfully and rightfiiBj
have insisted upon* So that there can be no
exception of that kind. I am sorry that Mr.
Hampden, a gentleman of good quality as bo
is by birth, thoug^h he be a person I never siw
before he came here the last day of tbe W
term upon his Habeas Corpus, that I know «
X say, 1 am sorry that one of his ^uotity mm
STATE TRIALS^ 36 ChaUi^bs If. l6S4.-/or a MUdemeenm^. [1 1^6
Mr. Hampden. I baTe notbiog but forHfe,
and that is but little neither.
Just. Withens. I know not what it is truly.
Sir. But it was alvrays reported to me to
be a Tery great estate ; but whatsoever il is,
we are to look after proportioning the punLsh-
ment as . near as we can to the ofFtfuce. My
lord and the court have considered of the
matter, and they think fit to g^ive this Judgment
upon you.
«* They set the fine of Forty Thousand
'' Pounds upon yon, to be paid to the Kin^,
" and you must ' be committed till you pay
It.
L, C. J. And that yt>u find snreliea fiw
your good behaviour dunng^ your lifis.
Att, Gen. I pray he may be committed for
his fine.
JL C. J. Let it be so. Mr. Hampden, if
you will apply yourself to the king, you may^
and there perhaps . you may find stnevcy ; w«
must, according to the duty of our plaoea
and oaths, give such judgment as the law
requiFes.
Just. Withens. Ay, in God's name. Yon
are in the king's haiuls,4uid ke may do what he
please in it
L. C.J, If a crime of this natnce should
have a little punishment, it might encourage
offenders, and if we were to judge according
to some verdicts that have been given here ibr
less offences, where gentlemen .ha¥e given very
much greater damages than this fine amounts
to, this would be thought a moderate fine. %
am sorry any man should bring himself into
these circumstances: The king, as he is the
fountain of justice, so he is also of mercy, and
you and all the rest of his subjects hale cause
to bless God that you live under a monarch that
is very mercifuL No doubt if you give, an
account of your contrition and sorrow tor your
great offence, and decently, apply yourself to
the king, be will think of shewing mercy to
you \ but justice is our work that are judges ;
and according to the methods of justice we
think we cannot inflict less than we bftr^
done.
Mr. Williams, My lord, I pray his bail may
be discharged.
L.C. J, Ay, bis bail is diishargedy he being
committed.
Mr. WilUami. And for the high-treaion^ he
is discharsed by the Habeas Corpus act
L. C.J. Yes, be is so, for there is no pro-
secution.
Then Mr. Hampden was osrried by tba
Manhal away prisoner.
fidneatioii, a studious person, as it seems, by
iiis ovirn natural inclination, and a leaned man,
illiould be so unhappily engaged in a design of
tliis borridly evil nature. But on the one side
us ^vell as we must take care of the subject, so
on the ether we must take care of the erovern-
xnent. Here was a design of destroying the
'luQgf, and subverting the government, and
lMriii«iig;ing all into confusion. Of this design
tbe defendant is convicted, and we must take
esMre to |Nroportion the punishment, and ae-
ek>rdin§f to onr coasoences and oaths, and as
y^h ou^t to Imve regard to the offender, so
also -we areto have regard «to the govenunent
has offended.
Just. Wit him. Mr. WiHiams, it was amerce-
that were spoken of there in Magna
Oharta.
JL. C..J. Ay, it was net«r meant of fines for
fpreat offences.
Then the 'Judges consulted together.
'' Jost. Withins. Mr. Hampden^you know you
'^re convicted of a Yety flpreai ofienoe, as great
atn offence as can be I think committed, unless
'it were high-treason. . Por the matter of it
*woald have made you guilty, if thece had
been two witnesses. It was n>r conspiring to
lev^r war a^nst his nu^esty, and for con-
a|>iring to raise an insurrection and rebellion
Tvithin the Idngdom, a ^ conspiracy, of which
some other persons being lawfully convicted,
•ahey have suffered dea^ for it. You are a
pefson of an eictraordinary good family, and I
am sorry one of your fiunily, that has flou*
rished so long, and through so many genera-
aioos in great honour and reputation, and
gat prosperity under the monarchy of £ng<*
kd, snould come to.oonqMire to deprive that
of his government, whose ancestors have
protected and defended yoor fiunily, and to
spoil that monarchy that has been the foun-
tain of so much prosperity and honour to it
I am sorry it codus to my turn to pronounce
4he sentence of the court upon you, Mr.
Hampden. ■ I have not any personal know-
iedge of you, but I have hewd of you, and
hem beretofi>re very well of ymu You have
had a good education, and the report of a
learned and ingenious persta, which makes me
yet wonder the more that you shonU engage
in siie|i a horrid design as diis was. Mbm,
Mr. Hampden, I am satisfied no fine can he
•too great, if any can be great enov^ fi)r such
an ^enoe. n e cannot take cognisance ^hat
yoor estate is, it is r^rted there is agreat es-
tatein yonr fiunily, it has beenidways rspre-
jented to be 80«
%'
1137} STATE TRIALS, 36 ChabxesIL l6S4.'^Trkd(^Braiionmdapeki,[im
303. The Trial* of Laurence Braddon and Hugh SpEKE,atfhe
King's-Bench, for a Misdemeanor, in subornijig Witnesses to
prove the Earl of Essex was murdered by his Keepers:
36 Charles II. a, d. 1684.
Hillary, February. 7, 1684.
. 1 HE defendants, who had pleaded not gfoiliy
/to an information filed last term, were now
brous^ht to trial.
CLnfCr, Crier, call the defendants, Lau-
rence Braddon, and Hugh Speke.
Crier, Laurence Braddon and Hugh Speke,
oome forth, or else this inquest shall be taken
Ay your default.
Mr. Wallop, Tl^ey appear.
CI. ojfCr. Gardez votrez Challenges. Swear
sir Hugh Middleton. [Which was done.]
And there being no challenges, the twelve gen-
tlemen sworn to tiy this caiise, were these ;
8ir Hugh Middleton, ThonMs Harriott, Tho-
nas Earsby, Joshua Galliard, Richard Shore-
ditch, Charles Good, Samuel iRouse, Hugh
Squii^e, Nehemiah Arnold, John Bitield, WiU
liam Waite, and James Supple. Who being
.€0untx?d, proclamation was made in usual form
for information.
CL {^\ Cr, Gentlemen, you of the jury
hearken to the record. His roaiesty's Attor-
ney-General in this court has exhibited an In-
formation against the defendants by the names
of Laurence Braddon of the Middle-Temple,
gent, and Hugh Speke of Lincoln's- Inn, gent.
* And the Information sets forth,
• That whereas Arthur earl of Essex, the
* ISth of Jul^, in the 35th year of the reign of
*oiir sovereign lord Charles fi, by the ffrace
* of God, of Engl and, Scotland, France and Ire-
* iand, king, defender of the faith, &c. was
^ committed to the prison of our lord the king,
* in the Tower of London, for certain high-
< treasons by him supposed to be committed.
* And the said Arthur earl of Essex being a
* prisoner in the Tower of London aforesaid,
* for the high-treason aforesaid, the 13th day
* of July, in the aforesaid 35th year of the
* reign of our said sovereign lord the king, that
♦ From a Patophlet, intitled, " The Trial
of Laurence Braddon and Uuo^h Speke, gent,
upon an Information of High Misdemeanor,
Suboi-nation , and spreading False Reports. En •
deavouring thereby to raise a belief in his ma-
jesty's subjects, that the late earl of Essex did
toot murder himself in the Tower, contrary to
what was found bv t}<^ Coroner's Inquest,
Before the Right Hon. Sir George Jeft'reys,
knt. and hart.. Lord Chief Justice of his Ma-
j?sty'8 Court of King's- Bench, and the rest of
the Rev. Jud^s of that Court, holden at West-
ipiuster, on Friday, Feb. 7, 1684."
* I do appoint Benjamin Tooke to print the
* Trial of Laurence Braddon and Hugh Speke ;
* and order that no other person presume to
' print the same. Geo. Jcffrbts.*
DOW IS ; not haviBg the foir of God before his
eyes, bat being moved and seioDed I7 tbe
imstigation of the devil at the Tower of Loo-
don aforesaid, in die coonty of Middlesa
aforesaid, himself feloniously, and as a fdm
of himself, did kill and murder, as by an in-
quisition taJien at the Tower of Loadon aioi^
said, in the county of Middlesex aibtesidd^ tbe
14th day of July, in the year aforesaid, before
Edward Femham, esq. then coroner of oor
lord the kmg, of ^e liberty of the Tower of
Londoii aforesaid, upon the view ot tbe body
of the said Arthur earl of Essex ; and now it
this court remaining of record more plaiolv
does appear. They the said Laurence find-
don and fiugh Speke not being igoonmof
the premises, but contriving, and makkknij
and seditiously intending the govenimeDt OT
our said lord the king of this kingdom ef
England, into hatred, dii^'ace and ooBtenyt
to bring, the 15th day of August, in Aeafon-
said 35th year of the reign of our said BOv^
reign lord the king that now iB,^aDddiven
other days and times as well before as aller,
at the parish of St. Clement Danes, ia tbe
coimty, of Middlesex; with force and aiVM)
Sec. falsely, unlawfully, maliciously and se&*
tiously diJl conspire, and endeavour to mtki
the subjects of our said lord tbe king of tb
kingdom of England, to believe that the iik*
ouisition aforesaid was unduly taken, vd
that the said Arthur earl of Easez, by ceittti
persons unknown, in whose custody he «Hi
was killed and murdered. And to perfect as'
bring to effect their malicious and seditios
contrivances aforesaid ; they the said Ln-
renoe Braddon and Hu^h Speke &t the paiiA
of St. Clement Danes, m the coun^ of Mid-
dlesex aforesaid, the 15tb day -of August, ii
the S5di year aforesaid, fhlsly, unlawfollyi
unjustly, maliciously and seditiously did coa*
spire to procure certain false witnes^s t
prove, that the said Arthur earl of* Essex, ««
not a felon of himself, but that the said carf
isf Essex, by the said persons unknown, «m
killed and murdered : And to persuade otba
sul^ect« of our said lord the king* to belief
this to be true, they, the said Laurence Bra'*
dQn and Hu^fh Speke, falsly, tnalictausly v^
seditiously, then and there in writiDg' did 4»
clare, and cause to be declared, the said 1^
rence Braddon to be a person that would pio-
secute the murder of the said earl of Esses;
to tbe great scandal and contempt of tlue g**
vemment of our lord the king of this kii^dM
of England, to the evil example of all other a
the like case offending, and agninst the pesc*
of our sovereign lord the king, liis crown td
dignity. To Uiia Infomiation the defonditf
1 1 29] STATE TRIALS, 36 Chahlbs IL l6$4^ar a Mbdemamor. [iiso
hare ttrenHjr pleaded not g^miiy, and for
their trial hare put themaelTes opoa the
coantry, and hia majesty's Attomey-Geoeral
likeirisey Tffaich cooatry you are: Yoor
charge is to enquire, whether the defeudantSf
or eiUier of them, are gfoilty of this great mis-
demeanour whereof they are impeached, or
not guilty.? If you find them, or either of
tiiem guilty, you are to say so ; if you find
them or either of them not guilty, you are to
aay so, and
deuce*.*
no more, and hear your evi-
^The Indictment in Latin runs thus :
Mich. 35 Car. 2. Rot. 54. B. R.
* U4 Quod cum Arthur Comes Essex duode-
cimo die Jan*, anno, Sec- 35. commissi fuit
prison* Dem* Regis Turns London, pro qni-
busdam alt' prodition* per ipsum perpetrari
snppodt', et idem^ A. Comes Essex existen*
prisonar' in Tur* London^ ' preed^ pro alta
proditione preed*, IS die Jan*, anno rtgm diet*
Dom' Regis 35 supradS Denm prte oculis
•uis non nabens, sed instin^one diabolica
mot* et seductS apud Tur^ London |>rsd* in
com* MiddSseipsum felonice, et utfelo dese,
interfecit et mnrdrayit, prbut per inquisition'
capf apud Turr* London praedS m Com*
Midd* pned* 14 die Julii, anno suprad*, coraoL
Edwarao Faraham Arm*, tunc Coron* dict^
Dora* Regis libertat* Turr* London, super
visum corporis pncd* A. Com* E. coram Do-
mino Rege de recordo remauen* plenius U-
2uct et apparet. Quidam tamen Laurentius
^raddou de Medio Templo liondon Gen*, et
Hugo Speke de Lincoln's- Inn in com* Midd*
Gen*, pnemiasor* non ignar*, sed machman*
et nifditiose, et seditiose intenden* guberna-
tion* diet* Dom* R^s hujus regn* AngI* in
odium, vilipend*, et contempt* ducere* 15 die
Aiigusti, anno rejj^i diet* Dom* Re^^is nunc
35. sopred*, et diveniis al* diebus et vicihus,
tarn antea, quam postea, apud paroch*, &c. vi
et armis, See, ialso, illicite, malitiose, et sedi-
tiose conspirahant, et conabantur cansare sub.
dit* diet* Dom* Re^s hujus regn* Angl* cre-
dere, quod inquisitto praod* inddiite oapt* fuit,
et quqd prsed* A. Com* E. per quasdam per-
son* ignot*, in quar* custod* fuit, interfect* et
murdrat* fuit, et ad malitiosas et seditiosas
machination* et intention* suas praed* perfi-
cien*, et ad eflTectum redigend*, iidera L. B.
et H. S. apud paroch*, &c. dicto 15 die Au-
gusti, anno 45 suprad*, false, iUicite, injuste,
et seditiose conspiraver' procurare ouosdam
lalaos testes ad proband*, quod pned* A. Com*
E. non fuit felo de se,Bed quod idem A. Com*
E. per pned* person* ignot* interfect* et mur-
drat* fuit, et ad persuadend* al* subdit* diet*
Dom* R^[i8 credere hoc fore verum, iidem
L. B. et H. S. false, malitiose, et seditiose ad-
tunc et Ibidem in scriptis dedaraver*, et de-
clarari cansaver*' pnnai* L. B. fore person*,
Juae proae^uebatur murdrum prad* A. Com*
i. in maximum scandalum et contempt* gn-
beniatioii* Dom* Regis hujus ingai AsglS in
^ I
Then Prodamatioii was inadefiir e?ideiioe.
Mr. Dolhen, May it please your lordship,
and you gentlemen that are sworn ; This is an
information preferred by Mr. Attorney- Ge-
neral, against the defendants Laurence itfrad-
don and Hufi^h Speke, and the information does
set forth, that whereas Arthur late earl of
Essex, the 12th of July last, was committed to
the Tower of London tor certain treasons sup-
posed to have been by him done : Au^ the said
earl being so committed prisoner to the Tower for
treason, not having the fear of God before his
eyes, feloniously and as a felon did kill and
murder himself, as by an inquisition taken be-
fore the coroner of'^the Tower liberty may
more fully appear ; yet the defendants Lau-
rence Braddon and Hugh Speke not being ig*
norant of the premises, but designing to bring
the government into hatred and contempt, tha
15th day of Aujfust last, in the parish of 8t.
Clement Danes m this county, with force and
arms, falsty^ unlawfuUy, mahciously and sedi-
tiously did conspire together to make the king's
subjects beUeve, that the inquisition aforesaid
was unduly taken, and that the said earl of
Essex did not murder himsdf^ but was by cer-
tain persons unknown, in whose custody he
was, murdered. And it further sets forth, that
these defendants, Laurence Braddon and Hugh
Speke, designed to disturb and disquiet £e
minds of the king's subjects, and to spread
fals^ reports, did conspire to procure certain
false witnesses to prove that tlie said earl of
Essex was not a felon of himself, but was by
some persons unknown killed and murdered:
And to persuade other subjects of our sovereign
lord tlie king to believe the said report, they
did falsely, maliciously, unlawfully and sedi-
tiously cause to be declared in writing, that the
said Laurence Braddon was the person that did
prosecute the said earl's murder. And this
was to the great scandal of the ^rernment, to
the evil example of all persons m like case of-
fending, and against the peace of the king, his
crown and dignity. To this the defendants
have pleaded not guilty ; if we prove it upon
them, we make no question you will find it.
i4(^Gefi. (SirRobertSawver.) Mayitpkasa
vour lordship, and you gentlemen of the juiy,
Mr. Speke and BIr. Braddon, these two gen*
tlemen, are accused of as high conspiracy as
erer has or could well happen in our ilEiys, oT
Growing the murder of a person that lulled
himself upon the government. And I must
acquaint you, their design was of an higher na-
ture than barely that ; lor this gentleman, my
lord of Essex, was committed to the Tower fi)r
the late plot, and heing so committed, when he
had killed himself there, that was more than a
thousand witnesses to open the eyes of the pe»-
* malum exemphim, omnium al* in tafi easu de^
* hnquen, ac oontH^ pacem diet* Dom* Regis
' Banc, coroB*, et^jUsniatat* suas, &c. Unde
«idem AHom* dict^ l)oiii* Regis mme ft^
1151] STATE TRIALS, 36CHARrasII.
phf md confiim the belief of the conspiracy :
And one would have thoagbt aflcr that, there bad
been an end of the design, that these protestant
gentlemen, as they call themselves, were carry-
ing on ; when the earl of Essex, a person of that
quality apd worth, should go to murder himself
upon the sense of what he was guilty of. So
that the design, gentlemen, was to stifle the
plot, and at the same time tSiey must throw
this ill thing that the earl had committed upon
himself, upon the ^yernment: That, gentle-
men, was the mam disgrace, in order to stifle
that peat evidence of the plot. And Mr.
Braddon must of his own head, not beinff put
on by any of the (liends of the earl of Essex,
who were all very sensible the earl bad done
this fact, committed this murder upon himself;
but 1 say, he out of a true priridple to manage
the ProStestant cause, as they call i^ but indeed
It was the plot, he becomes the prosecutor
tif this business, and yon will find bim by the
proofs in the case, a man of many like projects.
For you will find him value himself upon ttkese
titles, that he is the nroeecutor of the earl of
'Essex's murder, ana the inventor of the Pro-
testants flails, an instrument, 1 suppose gentle-
men you hare all heard of.
. Now, gentlemen, to make this appear to the
world, letters are sent into all parts of Eoj^land
t>f this bruit and report He himselr goes
about to find evidence : for it was so p^eat a
truth, and there was such a plain proof that the
«arl of Essex had killed binu;e1f, that be must
labour it to eet evidence. And he goes about
it accordinglV) and at length he meets with a
little chiM of twelve years of age, and he |)re-
pares for him, all with his own band writm^,
a defiosition, which is a feigned story all of it,
and in every part of it will appear to be false,
and there he migbtily solicits this young boy
to si^ It. He comes to his father's house,
carries him in a coach, forces him awaiy, and
ferces him to sign this paper that he had thus
prepared for bim, all oi bis own invention and
writing; and with the like confidence as he
appears here, (for so he does appear with very
ipreat confidence, as you may observe) be at-
tests it himself. And, gentlemen, we shall
•hew you, that here up and down the town he
makes it bis comoMn discourse what he was in
liand with, and makes his boast of himself to
be the prosecutor of -the earl of Essex's murder,
and he had as ffood a confederate as himself,
Mr. Speke, and he having an interest in tiw
country,, whither the news must be sent all
abroad, and Mr. Braddon must go to pick up
evidence, I knew not where ft great way off,
«f a murder pommitted in the Tower. We
shall prove to you, he had letters missive and
recommendatory from Mr. Speke to a gentle-
man with whom Mr. Braddon wasto aidvise;
for they looked upon it to Be as dangerous an
CDterpriz^ almost as the plot itself^ as indeed it
was ; therefore they must be wary, and Mr.
Braddon is advised to go by a wrong name ;
so this Mr.Speke and Braddon were to cany
on' and niakc up this tragi-comedyi fw I on
call it nothing else, for the ridicolonsneag u
well as the dangerou8nei» of the design. T^t
refiort was to be, that this murder of the eari
of Essex was committed bv the oiiicerB that
atieiided my lord, and to faU out in time wbea
his majesty was in the Tower, as if the .king
hirpseif had a hand in it. We shall trace it in
itll parts of it by several witnesses, and h(tpe
you will make them an example, first in
nnding them guilty, and the court aAerwanU
by 4k severe punishment for such a viUaioow
practice, to scandalize the government with
the murder of a noble peer. We shall besio
with shewing you tlie inquisition, or ratSer
first with the coovictroent of the earl of fina
for high treason, because it is laid in the
record by way of inducement. Call Mr.
Reynolds. [Who was sworn.] Have von
tbe wai'rant of oommitmeut of my lord of
Essex.
Mr. Rejfnolds. Yes. ,
Att, Gen, Shew it the court. Let the deii
read it
Air. Repioldt, . This is the commtlmenttbat
was delivered the lieutenant of the Tower, to-
gether with my lord of Essex.
CL of Cr. This is directed to Thontti
Check, esq. lieutenant of his majesty's Tower
of London. Subscribed Leolin Jenkins, and
dated
Sir Leolin Jenkins, knight, of hisMajcsty^i
* most honourable Privy Council, and
' principal Secretary of State.
* These are in his majesty's name to will
and require you to receive into your custody
the person of Arthur earl of Essex berewitn
sent you, being committed for bi^h-treaaoii,
in compassing the death of the kinff (whpoi
God preserv^, and conspiring to levy war
a^nst his majesty* Ana him the 8aid..eul
ot Essex to keep in safe custody, until be
shall be delivered by due course of law. And
for so doing this shall be your warrant
Given under my hand and seal at Whitd^t
tbe 10th day of July, 1663. L. JENurn.^
* To Thomas Check, esq., lieat of
* ' his miyesty 's Tower of London.'
Att, Gen. My lord, we will then read thi
inquisition, that the earl, being thus in tbe
Tower, killed himself.
Solicitor General. (Mr. Fmch.) Shew tbe
inonisition. Where is Mr. Famham f
Mr. Famkam, Here I am. The inquisitioB
is returned here, and is upon record.
CLrfCr. Here it is. Number 11. [Hi
reads.]
' London, »• An Inquisitiim indented, t^^
at the Tower of Lnidon aforesaid, is die
coun^ of Middlesex, the 14th day of J^»
in tbe year of the reign of our sovereign loid
Charles 9^ by the grace of Godof Ei^m
SoothuML France and Irdand, king,deleDdtf
of the faith, &c. the a^th, before £dwtfd
FanduMD, esq. coNMr of our Mid lord UM
^ ;
1 135} STATE TRIALS, 56 C^arle^ U. l6U.-^for d Miiemcim&r. {1134
the person tiiatliraiiglit me the warrant, I told
him I coiild oot execate it without one of the
commissioners' officers ; and I bid him ffo to
Mr. Edwards, who was the next officer adjoin-
infif to the key, and he wedt to his house, and
torn him I was at the water- side, and had a
^arrant, which I desired him to be present
while I executed it; Mr. Braddon it seems
was then present in the plaod with Mr. Ed-
Wards when this was told him, and hearing mj
name, l^Ir. Braddon came ,down with Mr. Ed-
wards, and found me then at Smith's coffee-
house, and Mr. Edwards told me Mr. Braddon
had been with him examining his son, in rela-
tion to a matter oi a razor that was thrown out
of my lord Essex's window ; and I present-
ly replied, I desired ther^ would not speak of
any such matter to me, tor I had seen the coro-
ner's inauisition upon oath, where it was d<»-
cliared, tbe thing was so and so, and two per-
sons had sworn what seemed to be contrary to
this ; and therafore I desired they would for-
bear any such discourse to me.
" L. C. J. Who, they ?
Evans, Braddon and he were t(^;ether.
X. C. J. Who he ? Man.
Evam. Mr. Edwards. And withal I maHe
my application to Mr. Braddon, and I desired
him he would not meddle with such a matter,
for I thought it might be prejudicial to him and
Mr. Edwards too. Mr. Braddon made me no
answer, but went directly out of the room.
L,C.J. What do you mean by so and so,
and a razor thrown oi^t of a window? We do
not understand your so and so.
Evans. Relating to a matter of a razor.
L, C J. Pr'ythee, we do not know what
that matter of a razor is?
Evans. A I'azor that vras said to be thrown
out of my lord of Essex's window.
X. C. J. TNell us what the story was, man.
Evans, Mr. Edwards told me, that Bfr.
Braddon was with him to examine his ^n, re-
lating to a matter of throwing a razor out of
niy lord of Essex's window v this is that he
said, to the best uf my remembrance.
SoL Gen. Was Braddon present there ?
Evans. Yes, Mr. Braddon and Mr. Ed-
wards were both present.
X. C. J. Well, what was the discourse be*
t\teen you, tell us plainly.
ETjans. Says Mr. Edwards to me, Mr. Brad-'
don has been to examine mv son about such a
matter, so I desired he would not discourse aar'
thing of that matter to me, and I told him, X
advise you not to proceed ; for I told him it
would be prejudicial both to him and Mr. Ed^
wai'ds too.
X. C. J. What is meant by this matter? he
examined my son about a matter, and I de»
sired^im he would not discourse of this mat-
tst; What is all that matter?
Just. Hoiioway. What did you aj^rehend
by it?
Evans. I appreh^d that Mr. Braddon had
been to exasune Mrl Edwards^s son about iudb
a matter.
the oaths of Samuel Colwal, esq., William
^ Fisher, Thomas Godsel, esq., Thomas Hunt,
' Nathaniel Mpuntney, esq., Thomas Potter,
' William How, Robert Burgoine, Elfeazer
* Wickins, Thomas^ Ho^flesh, Henry Criups,
* Richard Rudder, William Knipes, John
* Hudson, John Kettlebeter, Lancelot Cole-
' son, Morgan Cowam, Thomas Bryan, Wil-
* liam Tbackston, Richard Cliffe. Zebediah
* Pritchard, W. Baford andTbeophilus Carter,
* good and lawful men of the liberty of the
* Tower of London aforesaid, who being charg-
* ed and sworn to enquire for our said lord the
' king, when, by what means, and how, the
* said Arthur earl of Essex came to his death,
* upon their oaths do say, that the said Arthur
* earl of Essex, the 13th day of July, in the
* 35th year of the reign of our sorereiffn lord
*' the king aforesaid, at the Tower of London
* aforesaid, in the county of Middlesex afore-
* said, about the hour of nine in the forenoon of
* the same day, not having the fear of God
* before his eyes, but being seduced and mov^ed
* by the instigation of the devil, of his malice
*- aforethought, at the Tower of London afore- |
* said, in the county aforesaid, then and there
* being alone in his chamber, with a razor of
< the Talue of one shilling, .Tolnntarily and
* feloniously did cut his throat, giving unto
* himself one mortal wound, cut fruin one
* jugular to the other, and by the asfMira ar-
< teria, and the windpipe, to the vertebres of
* the neck, both the ju^lai-s being thoroughly
« divided, of which said mortal wound the said
* Arthur earl of Essex instafitly died ; and so
* the jurors aforesaid, say upon tneir oaths, that
* the said Arthur earl of Essex, in manner and
* form aforesaid, then and there, voluntarily
^ and feloniously, as a felon of himself, did kill
* and murder himself, against the peace of our
* sovereign lord the king, bis crown and dignity.
* In witness whereof, ai well I the coroner
*■ aforesaid, as the jurors aforesaid, to this in-
< quisition, have interchangeably put our seals,
*■ tlie day and year abovesaid.'
Att. Gen. Call Mr. Evans and Mr. Ed-
wards. Af\er this, my lord, we shidl shew
you, that Mr. Braddon went about the town,
and declared the earl was murdered, and he
was the prosecutor. There is Mr. Evans,
•wear him. [Which was done.] Pray will you
gwe an account to my lord and the jury, what
you know of Mr. Braddon's goin^ about and
declaring he was the prosecutor of my lord of
Essex's murder ?
Mr. Evans. My lord, all that I know of this
matter, is this. About the 17th of July last —
X. C. J. (Sir George Jefferies.) When is
the inquisition ?
CI. ofCr. It is the 14th of July.
. X. C. J. Well, gx» on.
Evans. The 17th of July, last I was at the
cuMom-houw key, shipping off some lead, aad
1155] STATE TRIALS, 36CHAftLK8 IL l684.— Trifli ^ briddmtmd:^, [i}^
X. C. J. What ntatter, mail ?
jEmifu. His dispersing- of any such report.
£. C.J. What report?
Evans. A report of throwing a razor out of
my lord of Essex's window.
L, C J. Here is a razor thrown out of a
window, and a matU^r of 1 know not what.
Just. Wilhins. Suppose a man should throw
a razor out of a window, what signi6es that?
X. C. J. Where heard he ofthat matter?-
Evam, This is ail I heard, my lord, I am
upon my oath.
L. C. J. But I wishjthou wouldst let us know
what it is thou didst hear ?
Mr. Jones. Was there no talk of a bkxMly
razor ?
Evans. No, not a word of it.
JL C. J. How came you to be frighted then,
and to be nowiilinff to hear of that matter, and
to tellliim, you tnou^ht it might be preju-
dicial to him and Mr. Edwards?
Evans. I told him I had seen the coroner's
imiuest, where it was proved, that the razor
lay in such a place ; therefore I desirpd they
would not 8p€»k to me of any such matter, and
I desired 31r. Braddon not to proceed in it, for
you may do yourself and Mr. E'dwards too
some preiodice.
Att. Gen. Look you, Mr. Evans, what did
yoa understand by the throwing the razor out
of the window, and giving him caution not to
proceed? The razor mi^ht be found thei*e,
what was the meaning of it ?
Evans, May it pl^e yonr lordship, there
was a report at the custom-house that very
morning the earl of Essex cut his throat, that
there was a razor thrown out of the window.
Mr. Jones. You did advise Braddon, you say,
not to proceed in it? '
EvoTU, Yes.
•Ikfr. JofUf. How came you to advise him so?
• Eoans. Because it might be prejudicial to
him and Mr. Edwards too.
Ati. Gen, Was there no talk between Mr.
Edwards, Mr. Braddon and you, that Mr.
Braddon would be a prosecutor of the murder
of !the earl of Essex, upon your oath ?
Evans, Not one word or syllable. For Mr.
Braddon spake not one word, good or bad : I
gave an account to secretary Jenkins of c^ery
word that passed.
Att, Gen. Did not von advise him not to
prosecute the business ?
Evans, I did advise him not to disperse such
a report.
X. C.J. What report?
Evans. Of a razor being thrown out of my
lord of Essex's window.
•Att. Gen^ Why, suppose there had been a
razor thrown out of the window, what then ?
Evans. Then it was contrary to the inform
ation and evidence given before the coroner.
X. C, J. Why 80 ? why might it not be
thrown out after it was found in the place where
the inquisition says? Thou art a wonderful
cautelous man ; where is tlie danger of the
report of a razor l^eing throws oat of a window ?
There most be somethuig more in it, if ve
could but eet it out of him.
Evans, Will your lordship be pliased to
hear me ?
X. C. J. Ay, I do hear thee, but Idoaot
understand thee.
Evans. May it please your lordship, I «1
read the words verbatim that I gif e to (he
secretary.
X. C. J. Why, I believe you can read, audi
make no doubt you can wnte too, or you art
not fit to be a custom-house officer.
Evans. 1 put in this pajier to the secretaiT,
and will repeat what I said then, as near as I
can, upon my oatli.
X. C. J. 1 care not a farthing ^htt y«i d^
livered to the secretary; tell us what tbou baa
to say plainly ?
Evans. May it please your lordship, I iril
read it what it is.
Sol: Gen. You may look upon yoor paper
to refresh your meniory, hut you most cot
read it here.
Evans. If it please you, I Will tell yon tbe
reason and occasion I had to go to the secre-
tary.
X. C. J. I know not what oocasioD dwa
hadst to go to the secretary, nor do I care what
thou didst when thou camest there, it inay be
thou madest three legs, it may be never a oae;
what is that to us? What canst thoniaj to
the matter here before us ?
Evans. That is all I can say, my lord, It
was an accident that they came into mv ccnt-
pany. And to tell you the manner and tbe oc-
casion, that person that brought me theTrar-
raot, saying to Mr. Edwards Uiat I was belor,
Mt\ Braddon hearing my name named, comes
down with 31 r. Edwards, for he had toW Mr.
Edwards I was related to him, aadtbejlMitli
came to the coffee -house, and there they begia
to discourse about this matter.
Just. Withins. Who began to disconne?
Evans. Mr. Edwards.
X. C. J. Well, what was it he said lodi«?
Evans. Mr. Edwards be<^n thus : Says he.
Mr. Evans, this gentleman has been at vj
house to examine my son concerning a itpad
that is spread abroad* concerning a razor tktf
was thrown out of tbe window of the earl «
Essex's lodgings that morning he cut bs
throat. I hearing of that, said f , GcntiWKpi
I have read the Coroner's inquest •^•''^'J
print, and it is otherwise declareid there: Aw
therefore let there be no diacourse of aay «*
matter, for I believe no such thing. And, *w
I to that gentleman, Mr. Braddon, pray njr-
bear moddling in any such thing, ^^^^'
Edwards is a poor man, and has divers cbiMrcD|
he may be roioed, and you likewis* may bj
ruined yoursdf, tf you proceed any ft'***
Att. Gen. We shall interpret this matter tj
our other witnesses. .
X. C, J. Ay, so you had need.for «««■
nothing io be made of this fellow's e?id«»
Mr. North, Pray, by tko oath jou l»«
^37] STATE TEIALSb S6 CnAELBB 11. iSs^^for a Mkimeamr. [IIM
>/i
wboi y«a gttre that adYice, did Mr.
' make you no answer ?
No, mme at all.
^on. [Lifting up his-bandniQ an
er.] Mr. Erans. Pray, will
Sir, let U8 have no elevation
nfldence does not so well
\ court of justice, this is not a
yoa need use so much confi-
<A. Sir, pray answer, did not I
.J. What IS it von would ask him?
i-addon. My lord, 1 desire lie may be
^ed, whether 1, with a brotbtir of his, did not
oome to his oouAtry-hoose, on the Monday im-
mediately after my lord of Essex's death, and
whether at his table there was not a report then
of a razor being seen to be tlurown out of my
lord of Essex's window ? •
Xr. C. /. Pray ask by 3rour counsel, they
are most proper lo ask questions for you. Tell
them what you would have asked, and don't
make long stories yourself.
Mr. Wallop, Were you not in company with
Mr. Braddon, the Monday after my lord of
£ssex's death ?
Mr. Frtke. What was the report. Sir, at
your table, upon the Monday next after my
lord of Essex's death ?
Evant, My lord, if your lordship please
L, C. J. Pray, Sir, make a short and plain
answer to what questions are asked you, and
let us have none of your circumlocutions, and
your discourses of the matter ; but let us un-
derstand what^ott say.
Evafu, I will, my lord.
L. C. J. What is y our^ question f
Braddon. Whether I was not upon the Mon-
day after the earl of Essex's death at his table,
vhel« there was a discourse <>f a report that a
razor was thrown out of the window, before
muider jwas cried out, and concerning a boy
which went to take it up ?
X. C. J. What a. story is herel Pray ask
liiro a fair and short question, if he can re-
member what was said at his house? We
ai« got quite ' to the custom-house and the
coffee-house again, and I know not where.
Mr. Freke, What discourse was there at
your table. Sir, the immediate Monday after
the earl of Essex's death, concerning a raasor
thrown out of a window ?
Evant, Mj lord, this, to the best of my re-
membranoe, is what I have to say, and remem-
ber of the thing, that a gentleman being with
him
L.aj. Who?
Evatu. Mr. Braddon. •
Mr. WiUlop. Where was this ?
JBvoas. In Uie countiy.
Mr. Wallop, Where, in what country ?
EvanM. -In Essex.
Mr. Wallop, What was the place's name ?
Evam. At Wansted, my lord ; and being
there, and heplQckiug out a paper.
L.C.J. He, who?
VOL. IX.
Evans, A brother of mine, that that gentle*
man came down with to see me.
Xn C. J, What is his name ?
Evans, His name is Mr. William Hatsell.
L,C.J, W ith whom did lie come ?
Evans, With this person.
L, C, J. With this person, who is this per-
son?
Evans. Mr. Braddon.
X. C. J, Why can'st thou not name him,
without this wire-drawing ? Thou art a most
exact custom-house officer, I'll warrant thee»
thou can'st not make a plain answer to a plaia
question.
Evatis. My lord, I beg your pardim, I d»
not know the methods of 3ie court
L, C. J, Piy'thee, I care not for thy me-
thods, nor thy matter ; but deal plainly with
us.
Evans, My brother, Mr. Hatsell, came dows
akMi^ with Mr. Braddon to my house at Waa-
Bted in Essex, on the Monday, after my knrd ot*
Essex's death, and coming down, my orother,
Mh Hatsell, pulled out the Coroner's inquest
upon oath that was printed, and shewing of it
to me, I read it ; and as soon as ever I bad
read it, said I, Mr. Edwards, that was at the
Custom-house, that very morning when the
earl of Essex's throat was cut, did declare t»
ine upon thf; Gustoni-hogae key, That lus soi»
did declare that the razor was thrown out oik
the window, which seems to contradict thia
paper, that says, it was Ibimd lying by him. -
Mr. Freke, Was this before Mr. Braddoa
was with Mr. Edwards ?
Evans, I can't tell that.
Mr. Freke. Was it befiire M}s BratddoD, and
Mr. Edwards came to you- to the.^ffbe-hoosef
Evans. Yes, I believe it was.
An, Gen, You say Mr. Brad^n cama
with Mr. Hatsell to your house at Wapsted ?
Evans, Yes.
AtU Gen, ' Who was the person that told yoi»
this story?
Evans, He brought down the printed paper
with him, and upon plucking out that paper,
and reading of it, the story was told.
Alt, GenS Pray, who was the person that
told him it was so reported at tbe CastOBA*
house ?
Evans, I made that answer myself, imiae-;
diately upon reading the paper ; for I observed
what the Coroner's inquest had returned, and
upon that I made this observatkm. That it
seemed to contradict what was declared at tha
Custom-house that monung my had of Essex
cut his throat.
Alt. Gen. Pray, who deelared there that
the razor was thrown out ef the window ?
Evans. It was Mr. Edwards told me.
X. C J. Why consider with* youself new^
You say first of all Edwards and Bcaddon
came to me to the eeffee-house. .
Evans. That was at another day.
X. C, J. I am sure you swore so at first.
Evans. With your lordship's £ivoar-^—
X. C. J. And with your ftivour tai»^ Skw
4D
1139] STATE TRIALS, 56 Charles IL lVU.^1ir{al0fBraid(maKiSpeki, [llli
Pray will yoa hear me ? I hare beard yon a
gteBX while I am sore to no parpoae. Bat
eoosider with yourself, and pray be pleaied to
reconcile' what yoa say now with what you
said at first, if yoa can. You say first of all
Edwards and Braddon came to me to the
Custom-hoase, and foand me out at thecofiee-
house, and that Edwards should say, some-
body had been with his son, in order to exa-
mine him about a razor that was thrown out of
my lord of Essex's window, and that you im-
mediately Cried out, Hare a care of mat, for
diat contradicts the inquisition that I have seen
in print, which declares as thouffh the razor
was found in the rooiA. And after that vou
say, it was that yon saw the inquisition, when
Hatsell came down firom Braddon, and you told
him of the report at the Custom-bouse. How
came you, if you had not seen the inquisition
MH then, to give out such words at the Custom-
house ? Have a care of meddling with that,
because it contradicts the inquisition ?
' Evans, My lord, this was seyeral days
before that.
Att. Gtn, YeiB; my lord, this discourise at
Wansted was before that at the custom-house.
Mr. Wailop. This that he now speaks of is
an answer to Mr. Braddon's question, < which
was about a discourse that has passed before
tliis other at the Custom-house. This that he
speaks of, the discourse at a coffee-house, was
afterward, but indeed be first spake of it ; but
these were two distinct matters at several
times. This last of the Custom-house was,
when he had made the examination of the boy,
as tlwt witness says.
L, C. X Therefore I think it was fit to ex-
plain it, for it looked very inconsistent before,
what thou saidst at first, and what thou sayest
now ; but if thou tellest me thy Essex-matter
was before thy coffee-house matter it is well,
othei'wise the matter, I assure you, looked
Evaf^. This is the truth, my lord, and I
can tell no more.
' t Att» Gen. Take the times, my lord, and you
will see he does speak very notably. The 13th
of July my lord of £s$ex murdered himself,
. the 14tfa of July the inquisition was taken
before the coroner ; pray, what was tlie day
that Hat^l and this gentleman came down to
you to Essex P
Evans, I camiot tell that, Sir, trul^ ; but it
was belbro this matter of the examination of
the boy.
X. C« J. But pray let me ask you one ques-
tion, if your matter about the inqubitton in the
country was before the matter of your cau-
tious discourse at the Custom-house, how
came you to tell them, I heard this report of
a rassor thrown out of the window that morn-
ing the earl of Essex cut his own throat ?
Evans» l^r. Edwards rq>oried this same
thing that very same morning to me and
several others at the Custom-house key.
L. C. J. Why did yoa not teU ns this
before?
Bvam. I beg year pardhm, ny kiitf, 1 ds
not understand the memods of the court
Mr. Wallop. Mr. Hatsell gave the
by pulling out the inquisition.
JL. C. J. Pra3r, Sir, make voor otwerralimis
anon, let the long's counsel go on with their
evidence.
Att, Gen, WhatdiscoorsebadMr.BTaddoo
with Tou then at that time when Hitsdl
came down with him to your boose yoa ny,
and pulling out the inquisition you read it, and
made answer, you heard at the Custom-home
key such a report that very morning the cvl
murdered himself?
Evans, Mr. Braddon was walking op ind
down the room, I did hot speak it to him, bat
I spake it to Mr. Hatsell ; but I believe Bnd-
don over-heard and took notice of it
Just. Witkins, Did he conoqp UaiMlf
about it ?
Evans, No, not much, I did not hear bim
say any thing, but he walked up and down the
room. •
L, C. J, Now tkher all this dtsooune of As
matter, for aught I can tmderstand, the nntter
is but this : he says, Edwards before the meet-
insB^ther at' his house in Essex, orattiie
coffee-house by the Custokn-hoiise, repotted to
him, as though the earl of Essex had not mor*
dered himself, but somebody else had done it
for him. And this was reported at the Gostom-
house that morning the earl of Essex cot hii
own throat, and he hearing this report at the
Custom-house at that time, afterwards oomes
Braddon and Hatsell to his bouse mto Essex,
and after Hatsell had shewed him the paper
of the Inquisition in print, he said, I bend
some discourse from Mr. Edwards at the Cus-
tom-house of a quite other nature ; and then
he says Braddon and Edwards came to tbe
coffee-house, and there it was he desired them
not to talk of that matter ; for, said be, diM
contradicts the Inquisition I saw before. This
is the substance ot what he said.
Att, Gen, And hereby •it does appear, that
Braddon, and Evans, and Edwards, and Hit-
sell, are all of a gang.
JL. C. J. Have you the information he gart
in to the secretary, Mr. Attorney-General, that
was given before tbe council ?
Au, Gen. Yes, it is much the same widi
what he hath said now.'
Evans. Yes, my lord, ii is verbatim ts f
have declared now.
Att. Gen, Only tiiiao&er part of HatoeB
and the meeting \a Essex was spoken of ainoe,
that was not declared before.
Evans. No, my lord, that I tlid not speak 6(.
because I was not examined about it.
Att, Gen, That was part of tbe secret
Evans, No, it was common discourse ™
me. And I did not think any thug of it}
what Mr. Edwards said at the Costom-booaSi
was spdcen to a great many others as ^J^
me, and the people seemed to be soipnaea
with an account of the thing at the first vfi^
of my lord of Essex's deafli. And if I W
1141] STATE TRIALS SSCfiAtLES IL l684.-/iPr a Misdammor* [1149
thought it^materialf. I oihi14 hare brought a
gteat WMx^y that were by then ; but Mr. £d*
wards is here brought mmself, I suppose . he
will not deny it
Sol, Gen, Look you, Sir, you sa^ that very
momins' my lord of Essex killed himself, Mr.
£dwards discoursed, and made this report to
you at the Custom-house, pray tell what the
disooiuse was ; what he said to you ; and
then, tell us what time of day it was ?
Evans, To the best of my remembrance it
was about 11 .o*clock; there were several
persons standing together, among the rest
captain Goodlaod, and some of the searchers,
and Mr. Edwards was there ; and said he, I
am inibrmed from home, tliat my boy has
been at home, and given an account to my
wife, that being in the Tower, he saw a hand
throw a razor out of a window, and he named
my lord of Essex's window ; and this Mr. £d-
"wards did not only tell me, but to a whole'
coffee-house of peoj^ this matter offset.
Just HoUomay. Did not Mr. Edwards tell
von, that somebody had been examining his
Eoy about that report P
Evam, That was the second time, when
Mr. Braddonand Mr. Edwards came together.
Just. HolUmay, Who -was it had been exa-
mining his boy did he say ?
Evans, Mr. Braddon, he said, had been to
examine liis son.
Just Holloway, That was after the dis-
course at Essex, that Braddon came to examine
his son concerning the razor.
Mr. Wallop, Yes, it was after the discourse
at Essex, where Hatsell plucking out the
paper, Evans told Mr. Braddon first of this
razor.
JL C. J, Well, make your defence by and
by, Mr. Wallop : do not make your remarks
now.
Att. Gen. Come, Mr. Edwards. Crier
swear him. f Which was done.]
A C, /. What do you ask him, Mr. At-
torney?
Att. Gen. Mr. Edwards, Pray, will you
f' ve the court an account of this business ; for
do not know whether you heard what that
gentleman that went out last said, he says, you
raised this story, pray give an account what
you know of it?.
SoL Gen. Pray tell what yon know of Mr.
Braddon's cominff to vour son, and what dis-
course he or you bad alwut the murder of the
carl of Essex?
Mr. Edwards. The report that Mr. Braddon
came to enquire ailer, was with us some three,
days before ; it was in our fiunily three days
before, and upon the 17th of July
L, C, J. What was the report, Mr. Edwardfi,
before Mr. Braddon came to vou ? .
Edtoards. The report I have already de-
clared before the council.
X. C. X But you must tell iis too what
it was.
Edmards. The report of the boy the 13th of
July, about tea o'clock, as I was informed by
m^family, and by the boy afterwards by word
of mouth, was this, he comes in about |e%
o'clock, says he, 1 have been at the Tower (tqt
one of his sisters^, and I have seen his majesty
and the duke of York, and the earl of Essej^
has cnt his throat, and 1 see an hand dirow a
razor out of the window, and one came out of
the house, a maid, or a wonum in a white
hood and a stuff^HNtt, and took it up, and went
in again, and then I hesrd a noise as of
murSer cried out This was thOpboy's report, ,
and more than as his report I cannot speak
to it
X. C. /. This was your son, was it not?
Edwards. Yes, the younger of them. Tho
two boys were that morning goinff to Mer-
chant-Taylor's school togetb^ as tney used to
do, and by the way hearing the king was in
the Tower, this younger boy that was well ac*
quainted with tne Tower, gave his elder bro-
ther the slip and went into the Tower, and
rambled about from place to place.
Ait. Gen. Did not you examine him ?
Edwards, Ay, I did examine him.
(. Did
it again ?
Ait. Gen. JDid not you find that he denied
Edwards. No, I did examine him, and 1
found no4lenial of any thing at all that he had
re|)orted, till Mr. Braddon came to make en-
quiry. As soon as be came to make the en^
quiry, and I understood what Mr. Braddon^
business was, 1 begged of him that he would
not insist upon it by no means, I begged of his
as if I had begged for mv life, but he was so
zealous in the business, tnat nothing would sa*
tisfy him. And after 1 had told Air. Braddon
that which I could not denv, which was the
boy's report, I left him and went down to the
Custom-house, and some of my family ..dif^
coursed the boy at that rate, that«he began to
deny it, and in less than half an hour's timerof-
collected himself, and began to own it again ;
and so the boy was off and on till, the time ha
wad before the Council ; and to this day be
seems to stand in the denial, whether he will
do it now or no I cannot tell.
Att. Gen, IKd you acquaint Mr. Braddon
That you had found this boy to be a lying boy,
and detected him in lies several times ?
Edwards. May it please you. Sir, I ac-
quainted him with thus much ; said I, Mr.
Braddon, as I have dealt ingenuously with
you, to let you know what the boy's report
was, so I must likewise tell you, Ibat I cannot,
nor will undertake to assert the truth of it ;
and presently upon that my daughter told roe,
the boy had many times excusS his playing
truant by fatoe stories.
Att, Gen. Did you acquaint Mr. Braddon,
that your boy was a ly in^ boy at that time ?
Edwards, I think i did not at that instant
of time.
L. C, J, How old is this boy you talk of?
Edwards. i|bout 13 years of age, my lord.
Att. Gen. What do you know of Mr, Brad-
don's forcing your boy to s^n any thing that
he had prepared after this ?
1145] STATE TRIALS, 3SCHABtBS'II. l6M^7Hal4^BraddimmdSpek. [1144
Sol. Gen, When yon toM him your boy bad
denied it, wimt did he say ? Was he pleased
and satisfied ?
Edwards. He was not told itby me, but some
of my family.
SoL Gen, How did he beliave himself f
Edwards At the same time they told him
he denied it, at the same time they told him he
owned it again.
Sol, Gen. How did Mr. Braddon befaaTe
himselff
' Edwards, Like a civil gentleman. I saw
nothing else by him, but that he was very
zealous in the business, that is the truth of it,
nothing could persuade him to desist.
Jost. HolloToay, Pray did you ask Mr.
firaddon, or did' be tell you, what was the
reason that he was so iuaoisitire about this
razor, and the report of the boy ?
Edwards. As to that he told me, he would'
let me know the reason of it, which was out of
conscience.
MtJ Jones J Did notldr. Braddon carry your
son before several justices of peace ?
Edwards, Before none as I know of; not
one truly to nay knowledgre.
Att. ben. Did you understand he had taken
your boy from your house in a coach. "
- Edwards. Never till he carried him into his
nlajesty's presence before the Council, and I
knew not that tilt the boy came home.
Mr. Tkempson. Mr. Attorney, Have you
^hme with him ? may I ask him a question ?
* Ait. Gtn, Ay, ask liim what you Will.
Mr. Thomppon. If I understand you right,'
8ir, this repoit of the boy's was that morning
that the earl of Essex was murdered.
X. C. J. Was murdered, murdered himself,
man.
Mr. Thompson. My lord, I mean tlie day of
fats death. Now I would ask you. Sir, when that
was?
' Edwards* The boy's report was this. Sir, —
Mr. Thompson, I ask you not what his re-
^nt was, but when ? What day it was ?
Edwards, The 13th of July. That day the
■earl of Bssex cut his throat. *
. Mi. Thompson. How many days after that
was it when Mr. Braddon came to you f
Edwards. It was not till the 17th of Jnly.
Mr. Thompson. Had you discoursed of the
renort of your boy at the Custom-house, or any
where el$e, that same day he came to you ?
Edwards. I cannot say that.
Mr. Thompson, Had you discoursed it be-
fore Mr. Braddon spake to you, upon your
4)athP
Mr. Edwards. Yes, I believe I had.
SoL Gen. Had you discoursed it before your
boy told yon ?
Edwards. I should ^en indeed have been
the contriver of the stoiy .
Att, Gen. Ho it is like enough you were.
Sol. Gen. Had you discoursed it to any
liody befope you went home to your own
liouse, upon your oatfa, 8ir ?
Edwards, Upon -my oath then 1 discoursed
nothing of Aat nature, not a tittle of it, nor
knew nothing of it, till I had it from my own
family.
Sol. Gen, Did yon not diicoarKof it before
you went home ?
' Edwards, No, when I came haoie tkej
told me of it '^
L, C. J. I ask you again. Sir, Did not jm
tell it before you came home ?
Edwards, About ten o'clock,! having hetrd
tlie neitrs of the earl of Bssex's cutting kii
throat, at ^e Custotn- house, I stepped Moe,
being very near to my own house, and as Mfls
as I came in at the door, the family begin tt
p^ive me an account what news the boy brought
m.
L.C.J, That was the first tune yoabeiri
of it?
Edwards. Yes, that was the firat tioie I
heard of it.
L. C. /. And did you not disooufK ofitfiB
after that ?—-£</irar(i$. N6,
L. C. J. Call Mr. Evans, let him oome is
again.
Att. Gen, Let Mr. Evans come in agsta.
L, C. J, Mr. Evans, I would ask you tins
question. There were three times tbatyoa nj,
I think, that you had discourse with Edwards
about the matter, as yon call it, once at Eiiai:,
and twice at the custom-house f
Sol. Gen. No, not in Essex, it was Hatel
and Braddon, my lord, that came to him diere^
Edwards was not there.
L, C, J, When you first had a diseoarK
with Edwards about this matter, what was it
that Edwards did say to you ?
Evans. Being upon Custom-hoose key, and
captain Goodland and seYcral others staadiBg
uiA)n the key, that very morning my lord «
Essex's throat was cut, about e&ven o'clock
Mr. Edwards came to us, being standing opoi
the key, and told us» That he was informed Us
boy had been at the Tower, and came hoiaend
told his mother, he saw a hand throw a lazor
out of a window, and that he went to take it
up, and a maid or a woman came and tookit
up, and went in again.
L, C. J. Evans, Did he tell you this as ifbe
had been at home f
Evans, No, I think it was that he had it froB
home by some hand or other.
Edwards. I was at home.
Evans. My lord, At two o'clock io the i^
ternoon, when be came again to the CostoB-
house, he did tell us he had been at home, aad
his boy did tell him the same stonr.
L.C.J. Btttwhen he hadtofd yonbefec
he had dined, did he say, he had beeif at bove?
Edwards. My family can* testify I was it
home between ten and ekevea o'dook.
Evans. To thebestof my lememhraooeke
told me he heard so from home. -
L. C. J. Before he went home, ytw sit.
he told you of this, and that was tedo'dock a
the morning, and about two o'ckick, is d^
afternoon, he said, he had been at hove^ m^
was true,
I
StATE TRIALS, S6 CflAfttu II. l6M^cr « Mkimemur. [ii45
Mr.'fetaiu. Ye.,mvl«d.
Ed9imrd9r- My lord, I was at borne.
X. C. /. Mi^rfdwards, Did you tell him «o,
•r did you not? -
EikNtrds,' It is Kke | misbt say so about
ten o'clock, but not betbft^ i had received the
T«|)ort at home.
' JUr. Evans, I understood it so, my lord, that
be bad heard from borne.
X. C. J. 1 ask you this upon voUr/Oatb,
iDind the question, and answer me plainly, l>id
yon speak to him, that you had such a report
from nome, or did yon not ?
Edverdt. When I told it him, 1 bad it from
iiomeu for I brought it from home.
L. C. J. Nay, Did you tell him you had
«ucb a report from home at ten o'cloclc, or no f
Edwards. I tM him that I had met with
such a report.
X. C. J. From whom ? .
Edwards. From my family at home, for the
boy came not to me to tell it.
X. C X Then did you see Mr. Evans about
two o^clock that iftemoon ?
Edwards. 'Tis probable I did.
L.C.J. Did you, or did you not P
Edwards. Yes, I believe I might; I be-
seech your lordship give me leave to speak.
Mr. Evans and I am conversant forenoon i^nd
afternoon every day, we have business toge-
ther.
Evans. We have business, my lord, about
shipping of goods.
Edwards. But, my lord, if you please, I will
•tell you, that is fhe occasion of our being to-
gether.
X. C. J. Answer me my question, did you,
or did you not tell him so r ^
Edwards. 1 did not acquaint, him with it
before I had been at home, and received it
ftook my own family.
X. C. J. Look you. Sir, don't yoi) go about
^ evade the question, to trifle with the court,
you must answer me my question" directly, and
upon your oath, did you tell him you bad no-
tice from home of such a report, or no ?
Edwards. I did not receive notice from
home, but I brought it from home.
X. C.J. Did you tell him you had it from
home.
Edwards. I told him I had it from my fa*
mily, who told me the boy had made such a
report.
X. C. J. Did you tell him you had it from
your bov, or received notice from home about
rt?
Edwards. I did not tell him any thing be-
fore Ihad been at home.
X. C. J. Well, then, answer me this ques-
tion. Did you tell him in the afternoon at two
o'clock ; ^w I have been at home and exa-
mined my boy, and And it so as 1 told you ?
Edwards. I examined m^ boy at dinner,
and I found the boy agreed with the report of
jny daughter, and confirmed it.
X. d. X I ask you wliat you told Mr.
Evans, not what ymtc boy or your daughter
told you f
Edwards. Jx is probable I might tell Mr.
Evans the same story after dinner at two o'cloclcy
that 1 did before.
X. C. X Now tell us the passage again, Mr.
Evans, as you heard it.
Evans. To the best of my remembrance, at
two o'clock in the afternoon, Mr. Edwards
came and told us, he had examined tb^ boy,
and says he, the boy has confirmed aJl that I
told you.
X. C. X But before that in the morning
what did he say?
Evans. I cannot say exactly the time, but
I think it was about ten o'clock. There were
four or five more besides myself standing at
the Custom-house key, and Mr. Edwards came
to us, and told us, says he, I am iofbrmed from
home, as I understood it, not that he bad been
at home, but that he heard it ftom home, that
his boy had been at the Tower, had seen an
hand throw a razor out of the window.
X. C. J. What said he at two o'clock ?
Evans, He said he had examined his boy,
and he said the same thing, that he told us be
had heard in the morning.
^Att. Gen. My lord, we are now but upon
the entrance of^^ our evidence, to shew upon'
what slender grounds, how slight a foundation
there was for this gentleman to undertake this
prosecution.
SoL Gen. Mr. Edwards, pray let me ask
you a question, Did Mr. Brauldon tender any
paper to your son to sini ?
Edwards. I was informed he.did do it after-
wards, but I saw him not do any such thing.
Sol. Gen. Did you never say that Mr. Brad-
don had tendered a paper to your son to sign P
Edwards. I do not believe I ever did say so,
I do not remember any such thing.
Sol. Gen. Pray recollect your memory, and
tell us whether you did, or did not ?
Edwards. I thank God, Su*, that he has
f' ven me niy memory and my understanding,
bless him for it.
- Att. Gtn. But it were wdl if thou hadst any
honesty too.
Edwards. And honesty too. Sir : I have not
lived these tbhrty-nine years at thelDustom-
house without honesty. I never had my ho-
nesty questioned to this day. I am sure no-
body can tax me with dishonesty.
Sol. Gen. Pray, Mr. Edwards, let 3rour anger
alone for a while, and answer the question that
I shall tfsk you: Did your son refuse to sign
that paper P ^ .
Edwards. He did si|^ it at last.
SoL Gen. Did he r^'use to sign it ?
Edwards. 1 do not know wheUier he refused
it or no.
Just. Withens. Did you hear that your son
refused it ?
Edwards. I did hear that he had signed it.
Just. Withens. But did you hear that he re*
fused to sign it ?
Edwards. The boy did not ted me he had
refused to sign it. I did not hear him refuse it.
X. C. X Thou dost prevaricate very strrtnge-c
Ili7l STATE TRIALS/ 3£Chaeus II. l6%4^^THBi0f BradiammidSpdct. [ii4|
Ijy I must tell thee t^9t, notirithrtanding tfay
'reputation of thirtj^-niiie years of lumesty:
Prithee, answer plauly, Bid yoa hear at any
time, that your son had refns^ to sagn it ?
Edsoards. No, my lord, I did not, to ^e best
of my remembrance.
L, C. J. That is a plain answer, man ; but
thou dost so shuffle up and down, one oan-
DOt tell what to make of what thou sayest.
Mr. Thompion. Sir, I desire to ask you one
«]aestion, Wbetber ever Mr. Braddon and you
had any former acquaintance P
SoL Gen. Pray, stay. Sir, and if you please,
spare your question a little, for we have not yet
done with Mr. Edwards. Mr. Edwards, pray
answer me, Did Mr. Braddon ever tell you, that
be had other informations to confirm this re-
port of your son from otbera ?
Edwards, Truly, I do not remember he said
any such thing.
SoL Gen, Did you ever say he told you so ?
Consider of it , and remember your former ex-
amination.
Edwards. Tis like since he may have said
ao, but not at his first coming.
SoL Gen. At his first coming did your son
■ign his paper then P
Edwards, No, he did noty as I am informed,
Isawitnot
SoL Gen, But afterwards you say, Mr.
Braddon did tell you he had other evidence to
confirm it
Edwards, It may be he might, I cannot say
h positively.
Att. Gen, You say he did not sign the pa-
per at his first coming?
Edwards, No, I am informed he did not.
SoL Gen, How do you know he did sign it
at last?
Edwards, My wife and daughter's informa-
tion.
X. C. /. But how then can you say, That
you never heard he did refuse it.
Edwards, My lord, he did not tender a
paper to sign, till he had been two or three
times there, as I have heard, it was not tender-
ed the first time he came.
X. C. J. I wonder bow thou hast escaped
thirty-nine years with such a reputation.
Edwards. My . lord, I never was thought
otherwise, nor I hope never gave any occasion
for such a thought
X. C,*J, I assure thee I do not, nor can take
thee for one.
Edwards, I hope I have done nothing to
make your lordship think the contrary.
X. C J. Yes, thou hast Thou didst nothing
but shuffle up and down, thou art to consider
thou art upon thy oath, and must answer ques-
tions plainly.
Edwards. My lord, I do answer as truly as
lean.
Aii* Gen. Hark youthen, Mr. Edwards, an-
swer me.
X. C. J. Speak the truth, and nothing but
the truth, that is all that is required of thee ;
no court of justice ought to be afraid to
hear truth. JjetigaAijoomp out, of God's
name.
'Att, Gen. Did Mr. Braddon ever teQ yw^
That he had other evidence beside your son?
Edwards. I do not remember be said any
such thing at his first coming.
X. C. J, How thou dost snuffle again. Aor
swer plainly.
Ati. Gen. I ask you, Whether evo* he did
say it?
Edwards, Yes, he did say so afterwards.
SoL Gen. I must ask you one quesdon more,
(for I see it is very difficult to get it out of yop)
Pray did he tell you that he had other cTideaco
besides your son, before he signed the paper,
or after ?
Edwards. It was before, as I take it I
speak to the best of my knowledge, my lord, 1
can say no more.
X. 6. J. If thou hast a«nind to continue the
reputation thou hast got, as thou sayest, the
way is to answer questions, and speak the
truth plainly, let it concern whom it will.
Eckpards. I labour to do it, my lord, to the
best of my understanding and capacity.
X. C. J. I would not have thee say atittk
more than the truth, but let the truth cohm
out.
. Mr. Freke. Now Sir, I would ask you, if
they have done with you, Did you- ever knov
Mr. Braddon before the 17th of July ? Or
did you ever see him before?
Kdvbards. No, I never had anv know le^
of him, nor ever heard a word of nim.
Mr. Wallop. Mr. Edwards, the oueadoa
was asked of you. Whether Mr. BraddoD did
say, there was other evidence besides your soa';
Pray when was that?
Edwards. He did not at the first time^ hot
afterwards he did.
Mr. Wallop. That was a good while after^
he had been with the boy first ?
X. C. J. Make your observations by and hf,
Mr. Wallop. This is not a time for tbem.
Att. Gen. Then where is Edwards, the
boy ' [Who was brought forthwith into the
court.]
Edwards. I charge you in the presence cr
Almighty God,- speiUL truth, child.
Soi. Gen. And so should you too.
Edwards. Be sure to say nothing but die
truth.
X. C. J. And child, turn about, and eaV|
Father, be sure you say nothing but the truth.
Att. Gen. My lord, this is the bov, he ti
very little and very young, will your lordship
have him sworn P W hat ag« are you of?
W. Edwards, I' am thirteen, my Iwd.
Att. Gen, Do you know wluU an oath is?
W. Edwards, No.
L.C.J. Suppose you should teflalie, do
you know who is the fiUher of liars ?
W. Edwards, Yes.
L.C.J. Whoisit?
W, Edwards. The devil.
X. C. J. And if you should teB a lie, doyio
know what will become of you ?
TU9] STATE TRIALS^ 3G Charles IL l6$l.'^for a MUdemfanot. [I ISO
' W.EdtPoiib. Yes.
L. C. J. Wbat if yoa should svrear to a lie ?
If you should call God to witness to a he,
what would heoome of you then ?
FT. Edwards. I should go to hell-.fire.
L,C.J. That is a terrible thing. And there -
fore,'diiId, if yon take an oath, be sure you
aay nothing but what is truth, for no party, nor
Me, nor any thin^ in the world ; ibr that CM,
tliat you say will call you to an account, and
cask you into heU-6re, if you tell a lie, and
witness to a falshood, knows and sees all you
do, therefore have « care, the truth you must
•ay, and nothing but the truth.
Crier, PuH off your glove, and hearken to
your oath. [Then he i^as sworn.]
SoL Oen, And now remember you call God
lb witness to the truth of what you say.
Att, Gen, Young man, Iook upon that pa-
per, is that your hand?
W, Edwards, Yes.
- Att, Gen, Did you sign that P
W. Edwards. Yes.
Att. Gen. Prithee tell the court, how thou
tamest to sign it?
L. C. J. Ay, child, be not afraid. Tell the
truth, ibr if thou tellest the truth, thou needest
not be afraid, but if tliou tdlest a lie, thou hast
need to be afraid ; let nobody, whdterer has
been said to thee, affright thee from telling the
truth.
Sol. Gen. Don't be afraid of thy father, or
any body, but tell plainly what thou knowest,
and speak only the truth.
Att. Gen. How came you to sign that
paper?
W. Edwards. Mr. Braddon bid me sign it
when he had writ it.
L. C. J. Hark thee, child. Did he take it
lirom thee what he writ, or did he write it ftom
himself? Come hither, child, be not afraid,
nobody here will do thee any hurt.
. Then the Boy waslifred up upon the table
before the Judges.
X. C. /. Look upon that paper, didst thou
put thy name to that paper, child ?
W.Edwards, Yes.
L. C. J, Whose hand -writing is that paper,
besides thy pamei^
W. Edwards. Mr. Braddon's.
JLC.J. Did he bring it ready written ?
W.Edwards, He writ in our pariour.
X. C, J. How came he to write it ?
W, Edwards, He said it was for the earl of
Essex, to give to his wife.
X. C. J. And what did he ask th^ before he
writ that ?
W, Edwards. He asked me, whether 1 saw
any thing at the Tower, and so I toldhim,
yes..
X. €. J. Ay, tell us what vou told him, and
be not afraid, child, but tell the truth.
W. Edwards. I told him I was in the Tower,
and saw a razor thrown out of a window.
X. C. J. You told him so, and then what
AiUhetO'yoa?
W. Edwards. He bid me speak the truth.
X. C. J. Was that all the words you had f
W, Edwards. 1 afterwards went with my
brother into the Tower, and I shewed my bro-
ther the place, and then afterwards Mr. Brad-
don writ this, and he said it was to g^?e to the-
countess of Essex.
Just. Holloway. Did he read it to you after
he had writ it ?— IT. Edwards, Yes.
Just. Holloway. And did he ask thee, whe-
ther it were true ? — W, Edwards. Yes.
X. C. J. And didst thou tell him it . was
true? — W. Edwards, Yes. *
X. C J. And didst thou tell him all that was
in that paper was true ?— TT. Edwards, Yes.
X. C. / Did you tell him all that was writ
in that paper before he writ it down ?
W. Edwards. Yes.
X. C. /. Prithee mind the Question, and
speak truth. Didst thou tell him all that was in
th^tpaper before he writ it down ?
W. Edwards. Yes, I told him, and so he
writ it down.
Just. Holloway. You heard it all read to you,
you say ? — W. Edwards. Yes. ^
X. C. J. Then I ask you agam. Did you teQ
him all that was in that paper was read to you,
before he writ it down? — W. Edwards, Yes.
X. C. J. And after you had told him, he writ
it down?
W. Edwards. I told him as he writ it down.
X. C. J. And after such time as he had writ
it down, did he read it to you ?
W. Edwards. Yes.
X. C. J. And then you put your name to it f
W. Edwards, Yes.
Atl. Gen. I pray, my lord, he may be asked
this question, • Whether or no, wlien he first
brought it in, the boy did not deny to sign it ?
X. C. J. Did he bring the paper thither be«
fore thou sig^edst it ?
W. Edwards. It was upon the table.
X. C. J. Didst not thou refuse to put thy
name to it ?— YF. Edwards, Yes.
X. C. J. Why ?—W. Edwards. 1 was afraid;
X. C. /. Why ?
W. Edwards. For fear of coming into dan-
X. C. X Why, what danger could there be?
There" was no danger if it was truth.
W. Edwards, That was not the truth.
X. C. J. Which was not truth ? Was not
the wiper that he had written truth ?
W.Edwards. No.
X. C. J, How so, child ? Was not that thou
toldest him the truth ?— IT. Edwards. No.
X. C. J. Tell the truth now then.
W, Edwards. So I do.
Sol. Gen. Then he offered it first to you,
and bid you sign it, and yon denied to put
your hand to it, because it was not true?
W. Edwards. Yes.
X, C. J. And how h>ng after did he offer it
to you again ?
W, Edwards. AUttlCwhileafter.
X. C. X But did you tell Mc. Braddon tt
was not true, when you reftised'to sign it ?
1151] STATE TRIALS^ 36CHAnhEsn.l6S^Lr^7\i§l4fBraddim(mi^eht, [list
place where he asstgned tiiat the nior wu
ibund in Ae TtfWer : He Bays, that after such
time as the writinjgp was finbhedl, Mr. BmddoD
offered it him to sign, andherefosedtoagnit,
and I asked him me reaauo why, and he says,
because it waa fidse ; he says some short tine
afterwards Mr. Braddon came to him again.
W. Edwards. No, Sir, it was the sanpetime.
L, C, /. Well, the same time Bnddon wt»
at him again, and told him there was no hann
in it, and therefore de«red him to sign it, aod
becaose he would not, he would have bis tost
to have signed it ; and he says, tbatBraddoi
telling him there was no harm in it, he did
sign it
Sol. Gen. But withal he says, that it isfilie.
L. C. J. Ay, he swears now it is all false.
Mr. Freke. Did you tdl Mr. BraddoD it
was false.'
X. C /. No, he says he did not.
Mr. Fr^ke. Did your sister at all discoarse
with you after you had dictated to Mr. Bnd-
don ? Pray ><^liat discourse had you witli ber
after Mr. Braddon writ that paper, before yo«
refused to sign it?
Xr. C. J. Do not ask any leading questimf
Sir, but propose a fair plain question.
Mr. Preke. Did you discoiirse with yoar
sister at aN, after Mr. Braddon had been atyoor
house ?
W. Edwards. Yes, I had been at school, snd
when I came home, they tfaid thatagentleiniii
that came from Uie earl of Essex's brother,
had been to inquire of the truth of the report 1
had raised.
Mr. Frtke. What did your sister say to yoo ?
W. Edwards. That was all.
Sol. Gen. Did she name the gentleman, and
did you see him afterwards ?
W. Edwards. Yes.
Sol. Gen. Who was it ?
W. Edwards. That gentleman, Mr. Brad-
don.
Jury. My lord, we don't hear a word hesajL
L. C. J. He says he had been at scbon,
and when he came home, they toM him a gn*
tlcman came from the earl's brother, to inqtnie
of the truth of what he had reported : It wis
asked him who the gentleman was, and he
says, it was that gentleman, Mr. Braddon.
Mr. Thompson. Before such time as Mr.
Braddon came to you, what did you tell you
father about this razor, and whenr
W. Edwards. Sir, I told him the kinff and
duke of York were at the Tower, and vliile I
was there, I said, 1 saw a hand cast oot t
bloody razor, and a maid com* out and take it
up, andjTO in agam.
Mr. T/umpson. Did you tee any such thisg
as a bloody razor cast out?
W. Edwards. No.
L.C.J. What a dust baa soch a trimi re-
port made m the world I Admit the boy had
said any such thing, what an age do w^ li^ iO)
that the report of every child shall blow us ap
after this rate ? It would make a body tremble
to think what aort of people we live amopg:
' W. Edwards. No, I did not.
X. C. J. Why. didst thou Irefuse to sign it
then ?
W. Edwards. I was afraid, because it was
not true. « '
X. C. J. Didst not thou tell Mr. Brnddon it
was not true ?
W. Edwards. I did not UAl Mr. Braddon it
was not true»
X. C. Ji Why then wast thou afraid to tngn
it because it was not true at one time, and yet
did sign it, though it was not true,.at another
time?
Sol. Gen. Child, didst thou give Mr. Brad-
don any reason, why thou didst not sign it at
that time ?— W. Edwards. No, Sir.
Sol. Gen. How didst thou come to sign it ?
Did any body speak to thee between thiU first
time iliou musedst to sign it, and the second
time diou didst sign it ?
W. Edwards. He would ftun have got my
aunt to have signed it.
X. C. J. Thou sayest, thou didst first refuso
it, because it was not true ? ^
W. Edwards. Yes. .
. JLC, J. And then afterwards thou didst sign
iif-'W. Edwards. Yes.
X. C. X Then I ask thee, who persuaded
thee to sign it after that time that thou still re-
fusedstit?
W. Edwards. My mother was afraid to have
me sign it.
X. C. J. Who persuaded you to^sigfn it?
W. Edwards. Mr. Braddon said there was
no harm in it, so I did it.
X. C. X Did Mr. Braddon then persuade
you to sign it ?
W. Eawards. He said there was uo harm in
it, that was all.
X. C. J. Did you do it at his desire ?
W. Edwards. Yes.
X. C. X And you refused it at first when he
d/esired it ^-^W. Edwards. Yes.
X. C. X What, because it was false ?
W. Edwards. Yes.
X. C. J. Why then wouldst thou sign it
afterwards, if somebody did not pei'suade thee
toit?
W. Edwards, He told me there was nothing
of harm in it.
Ati. Gen. Hadst thou any money offered
thee by Mr. Braddon ?— TT. "Edwards. No.
Att. Gen. Hadst thou any money promised
iSiee ?— IT. Edwards. No.
Ait, Gen. Hadst thou any thing else offered
or promised thee ?
W. Edward^. No, nothing at all.
I. C. J. You have hes^ what he has said,
ipentlemen?
Jury. No, my lord, we have not heard a
wotd.
X. C. J. Then I will teU vou what he has
aaid exactly. He says, that mr. Braddon writ it
from him ; that he writ it in the room while he
was there ; that after ^uoh time as he had writ
it, Mr. Braddon read it to him : He says, that
be bod carried his brother to Aen him the
1153] ST^£ TRIALS. 36Cuaelb8 IL lesi.-^f&r a JUisdtmeanor. ' , [1154
To what ao heat does zeal tnuisport tome peo-
ple, beyond ail reason aod sobriety ? If such a
little boy bad said ao, it is not an halt-penny
Doattef , but promptly all tbe g^etontent is to
be libelled^or a boy, whtcb, wbether he speaks
true or false, is of no great weight, and he
•wears it i^ all talse.
SoL Gen, My lord, we shall next call Dr..
Hawkins's son of tbe Tower. Where is Tho-*
laas Hawkins P [Who was sworn.]
Att, Gen. My lord, agreeable to what the
boy has now said, to shew you that what Mr.
Braddon got hina to sign was all false, here is
the young man that tnfkoted with hiin the
same morning, that was. with him all the time^
tbe whole morning, that says, there was no
anch thing, and be saw no such thing; and
how could it enter into the boy's head such a
malicious lie, if it had not been dictated ? Pray
Mr. Hawkins, will you acquaint my lord, and
the jury, whether you played truant that
noming with this other bay, and where you
were?
X. C. J. Ay, tell the truth in God's name,
young man, t!e it one way or the other, let the
truth come out. •
Hawkins, In tbe morning, Su*, I met with
him at tbe Tower, going round with tbe king,
and we walked round the Tower as lon^ as the
king walked, and then the king going into the
Constable's bouse, we and some ipore boys
were playing n
X. C. /. rrithee speak out, as though thou
wert at play at chuck- larthiug.
Hawking. AHer we had b^n at plav, I went
home, and after I had been there a little while,
news was brought to my fatlier that the earl of
Essex bad kilkd himself. Mv father went
down, and I followed him, and alter I had been
there a little while, William Edwards came
home, and there we stood looking up at the
window an hour or two at least, and after we
bad tarrittl there a great while, I went oat of
the Tower g^te a little after eleven.
Att. Gen, Was there no ri^or thrown out
of the window?
Hawkins, No, there was no razor thrown
oot
X. C J. Didst not then se^ a razor thrown
out of the window and a maid come and take
Hup?
Hawkins, No, there was no such thing.
X. C /. . W^re you there before Bdwards
eunef^Hawkifis, Yes.
X. C. J, And you went out with him ?
Hawkins. Yes.
X. C. J. Did you and Edwards* go away to-
gether?— Hawkins. Yes.
Mr. Thompson. Did he tell you of any such
thing? — Hawkins, No.
Sol. Gen. What time of the day was it that
you went out of the Tower ?
Hawkitu, Almost eleven o'<;lock.
Mr. Wallop. The boy does say, he did tell
his father and mother, and all the fiunily of it.
And it is i>Iain by the father, that it was known
in the family by ten of the clock.
VOL. IX.
SoL Gen. Was this young man with you,
all the time that you was there, l^d wards?
W. Edwards. Yes.
Att. Gen, Did not you teH your father of
this siory when you came from tlif Tower ?
W. Edwards. Yes.
Au, Gen. And that was the Banie' time you
came out of the Tower with Hawkins f
W. Edwards. Yes.'
An. Gen. And you, Hawkins, was -this
yonng man with you all the time you were at
my lord Essex's window ? . .
Hawkins. He came thither while I stood
there,
Att. Gen. My lord, this is but the beginniii^
of our evidence, your lordship sees \^bat a fine
case it is, and how all this noise and bustle has
come to be made in the ^orld. The rumour
did tirst aiis^ in a fanatic family, and was pro-*
pagated by that party.
Mr. Jones, Ay, it is easily known whence it
came.
. X. C. J. Gentlemen, pray will you go on
with your evidence, and make no descants.
Mr. Freke. You, Hawkins, when Vou camt
from your father's hoose,did you find that boy
in Tower ?
Hawkins, Yes, Sir, a going round with the
king.
L, C, J, That was before this thing hap-
pened. ^ «
• Mr. Freke. Were you with him all the
while he was in the Tower ?
Hawkins. Just before my lord Essex cat his
throat I went home.
Mr. Freke. Were you with him all tbe time
or no? And how long were you with him ?
Hawkins. I went with him round the Tower
with the king. And a'fter we were at play, and
then I went home, and then when 1 had befeu
at home a little time, the rumour and noise
came, that the earl of Essex had killed himself;
so I went with my father, and stood before tbe
window, and I tarried there a while before he
came home, and I stayed with him looking at
the window a great whde, and we went out oC
tbe Tower together.
Mr. Freke. You littlfi boy, Edwards, was
this Mr., Hawkins with you all the time that
you were in the Tower ?
W.Edwards. Yes, but only a httle while that
I was at the Mills.
Att, Gen. My lord, we had not laid so
much ^eigiit upon Mr. Braddon for this niat-^
ter, but that he could nut be quiet, but must
inform the king of it, and this matter was all
examined before tbe king, the boy was sent
for, and before his face tbe boy declared it was
a lie. And after he knew this, and after the
boy had twice in the presence of , the king de-
nied it, yet notwhhstaading all this, then wa«
the project between htm and Speke. We shall
first prove the examination of this roattn* before
tbe Council, and how he was acquainted with
it. Pray call Mr. Blathwaite and Mr. 3Iob*
Stevens.
Mr. Bl9ihvmt9 was swoni.
4E ' .
n55] STATE TRIALS, 56 Charles II. l6SA.'-Tiial<fBraidonakiSp^,[m6
Att. Gen, Pi-ay Mr. Btathwaite will yoii
ffi?e an account whether you were present at
' tlie Council, when Mr. Hraddon bmug^ht this
information, and how the matter was examined
there, and what was done.
Mr. Blaihwaite. My Jord, it was on the 20th
" mf July, that Mr. Braddon came to Whitehall,
he may remember I was there, for he could
not but see me attending on the kinjf. This
little boy was brougfht .before his majesty, and
was asked what information he had g^ven Mr.
Braddon ? And whether the matter of the in-
formation was true ? The boy ssdd it was a lie,
and that upon his faith it was not true. Mr.
Bntddon knew all this, for he was called m and
informed of it ; and I believe Mr. Braddon will
remember, that he heard the boy deny it. The
li'bole examination could not but shew that it
was an invention of his, as he said it was, to
excuse himself for having played truant that
day, and that because he was idTraid to go home
he invented that lie. After this Mr. Braddon,
«5 it appears^ dkl nevertheless pursue this bu-
•iness.
L. C. J. Pray only tell what yon know of
your own knowledge, both before and after.
Mr. Biathrcaite. I know, my lord, that Mr.
Braddon (having been in the country) came af-
terwards before the king, and was again exa-
mined upon this matter, by which it appeai-ed,
that he did continue in his pursuit, though he
was always informed of the denial the boy
made, and thit it was understood to be a lie by
•be whole family of the Edwards's, as well as
fi-om the denial' of the little toy ; for they did
confess, that the boy used to tell lies, and one
of the sisters sjiid he had denied it at first, bi^t
afterwards wsfc brouglit to say it. And if I re-
member right, the w ords of one of the sisters
were, «» Braddon compelled the boy to slj^n it."
Those are the words in the minutes that ! took
at the exaniination ; therefore I believe it was
80, that the boy had denied before to sign it.
But this I only mention as what th& sister said.
L. C. /. Have you any more questions to
ask Mr. Blathwaite, gentlemen.
Mr. NortL Because we %vill npt trouble
Mr. Blaihwaite to call him again, pray pro-
iluce the letter. .
■
Att. Gen. Pray, §ir, will you look upon that
letter, and tell the court what you know of it,
and whose hand it is.
Mr. Blathtcaite, »Iy.k)rd, This is a letter
Miat was producefl before the king, when Mr.
Speke attended there. It was tlien put into
my hands ; and I do well remember, and like-
wise I have Written upon, it, that Mr. Hpeke
owned it to l>e Itis letter.
L. C. J. Did he own it lo be his letter, Sir ?
Mr. BUthncaite. Ves, he did own it to be his
letter.
Att. Gen. That is all we have to trouble
you with at present, Sir: We will now call Mr.
MonrffeTenft, [W ho standing up by the Crier,
was sworn.] And we call hjm to prove. That
Mr. Braddon had notice the boy had disowned
this matter.
• Sol. Gen. Yoa bear the qiiestHm, Sir, ptay
acquaint my lord and the jury, '\i'hat yoa k&oir
of this boy'^B ex^roinatioo before the coaodl,
and this gentleman's having noluse the boy ^
owned the thing.
Mr, Mm0te9en». My lord, ^beot 5 or 6
ilays after my lord of Kssex had murdered bin*
fien in the Tower, I saw Mrs Braddon at the
secretary's lodgings, my lord Sunderhuid'a
lodgings at Whitehall, with a young womn^
and a boy about 13 or 13 years oM. Hie
boy was just now in court, I saw him
thei^. He came to me, and told me, be hid
earnest business to sp!eak with my lordSuader-
land, That be came from sir Henry CapcU, urf
he told me^ he came with an informatioD tbit
the boy had given rebttngto the«arl of Eisa't
death. (The information I believe is in oourL)
He gave me the information, and I read it, aad
I remember there was something in the infor-
mation of a razor thrown out ot a window^!
bloody razor thrown out of my lord Easez^
window ; and after I had read the informatiM,
I tokl Mr. Braddon, I wonder air Henry CapeB
had not appeared himself in a matter of ttat
moment, wnerein the reputation of his family
was 80 much concerned ; and I took the libertr
to tell him. That I believed if sir Henry Ca^
bad thought that to be true, that was coDtaioei
in that' paper, he would doubtless have oome to
my lord Sunderland himself. Therenponhe
told me, that sir Henry Capell bad not ben
well, and did not stir abroad. Then I Hid
Mr. Braddon again, as I very well re*
member, ThAt I . was confident he had ben
abroad lately, and had been to wait opoo the
king, since the death of my lord or £ssex.
Then, my lord, he had littfe or nothing ta
say to that ; but he said, what he did be ivas
obliged to do in conscience, and out of the duty
he owed to the memory of my lord of Essei.
Upon that, my lord Sunderland came by, and
I went with him to my lord Sunderland, and be
gave him that paper, as I suppose, which I
read, and my lord Sunderland took the iaforiDt-
tion, and afterwards Ah*. Braddon was com-
mitted in custody, and then the thing was
brought before the king, and the lords of tbe
council, which Mr. Blathwaite has given yoa
an accoimt ot\
Att. Gen. My lord, 1 pray that a word of
the InformatiQu may foe read, we will fint
prove the information taken by him, and then
call sir Henry Capell, who wift prove that he
uever had any order from him, as he said be
had, but it was only his own busy ioclinatioDS. j
CL of Cr. This is subscribed, " Williwi
*< Edwards."
X. C. J. Call the boy in again.
Mr. Braddon. May 1 ask Mr. Monstefcar
a question, ray lord ?
L. C. J. Ay, ask him what you will.
Mr. Braddon, Sir, Did not I come to yoa
the Thursday evening, and waited at the
dotchess of Portsmouth 'd lodgings, before i
brought the boy and the girl to Wnitbfaall ?
Momtevem. No, I did not see you there.
1 157] STATE TRIALS, 36 Charles IT. l6S4.-^^r a MUdemanar. [\ 158
* she carried into the sakl captaiu Hawlei'e
* house. And this informant believes that it
* was the said maid, who be iirst heard cry out
* murder. And this infomiant further .saith«
« That he heard the said maid sav to s<une
* which were about the door, after the luurder
* was cried, That she (\U\ hear the said lord of
* Essex to gfroan three times that morning:. The
* father, three sisters, and brother will swear,
* That he said VV illiam Kdviardsdid declare tha
< substance of tbis Information to them on
* Friday the 13th instant, and never in the least
« denied it til| Tuesday after, uhcn being chid
* and threatened by the eldest sister, lie did
*deny it; but soon after confessed it, and
* signed it in the presence of live or six wit-
* nesses.* . •
Just. Wit him. Thus you see, he persuaded
hira to tell a fine stoi-y ot goi»^ to see my lord
Brandon Gerard's lougings, but the boy never
told any such thing.
X. C. J', No, he never told him a word of it,
he swears.
An, Gen. My lord, Your lordship has
heard from Aftr. Monatevens, That this gentle-
man, Mr. Braddon, made use of tbeoame of an
honourable person, sir Heurv Capell, dnd so
at the secretary's and at Edwards's house'
made use of the name of my ladv Essex. We
shall now call sir Henry Capell. [Who was
sworn .] Sir Henry Capell, W ill you pjease to
give an account, whether aver von «;mployed
this gentleman, Mr. Braddon, about any such
business as he has here under^taken ?
■Sir H» Capell. I hope you will ^ve me as
short a dispatch as you can, Sir, for it is very
uneasy for me to be here in this crowd.
Sol, Gen, We |^ve you some trouble, sir
Henry, but indeed it is not we, but thiis genile-r
man, that has been pleased to use your name*
has necessitated it.
Alt. Gen, We ask vou a short question,
Whether you employed Mr. Braddon to go to
Mr. Edwards's house, or to the secretary's, or
any where else to prosecute this matter of your
brother's death.
Sir H. Capell, Mv lord, I know very little
of Mr. Braddon. He was -to speak with me
twice. The first time be took me ^n very great
disorder, both as to the circumstance of time
and place, which are so tender with me, that .
truly I cannot express, nor do i very weW know '
what I did say, or what he said to me ; but the
second time he came to me, I do very well re*
member what I did say. And ttiat wnich I did
sav the second time is the most material thing
I nave to say in the matter. He came to me
and spake of such a business as the court is
well apprized of already, ^I hofie you wifl
pardon me, if I do not repeat it,) 1 made answer
to him, Mr. Braddon, I am imder great grief
and under a great burden of business in my
private family, whatsoever you have to say
m the matter, I desuH? you would go to a se»
cretary of state and aoqnaint him with it. This
is the most material thiDg that was said that I
remember.
Braddan.^ You Are positive in that, Sir ?
MansteveTU, Yea, I will take my oath again
of it, if you will.
BradMn. Then I will prove I was, and that
I saw 3^0tt at ten of the clock that morning.
Mamtevent. I remember, my lord, very
veil. That I was surprised to see him at the
lodgings at Whitehall. I ueTer saw biro, to
the but of my remembrance, but once in my
life.
Braddon. What time was it, pray, you first
«AW me ?
MontiefoeM, It was in the afternoon, as I
vemember.
L, C. /. Hark you, you^ man, do you
know my lord Gerard ? — W, Edwards, Yes.
X. C. /. Which lord Gerard do you know P
W* Edwardt: My lord Brandon Gerard.
X. C. /. How came vou to know him ?
W» Edwardg, By sight I know him.
X. C. /. Do you know where he lodged in
^txeToweTT-^W, Edwards, Yes.
L.C.J. Where?
W, Edwards* At one Mr. Sam's.
X. C J. Was yoQ ever in his lodging ?
IF. Edwards. No.
X. C. J. Never at all ?—W, Edwards, No.
X. C. X Did you ever tell stny body you
were in my lord Brandon Gerard's lodgmgs ?
W, Edwards. Never in my life.
X, C. X Did YOU never tell Braddon, that
you went to see bis lodgings ?
TV, Edwards. Into the house I never went.
X. C. X Did you never tell Braddon, That
TOO went to see my lord Brandon Gerard's
lodgings? Never in your life? /
W, Edwards, No^fiif.
X. C. X Now read it.
CI, of Cr. [Reads.] « The Information of
William Edwanls, second son to Thomas
Edwards, e(' the parish of A 11- hallows Barkin,
London, taken tne 18lh day of July, in the
d5th year of the reign of our sovereign lord
king Charles 3, anno 1683, says: Tnatthis
infonaant on Friday the 13th of this instant
July, as he was going ,to school, with his
brother Edward, he beard that his maiesty
and his royal highness the duke of York,
were going to the Tower. Whereupon this
informant left his brother, and went to the
Tower to see his majesty, and his royal high-
ness. And when this informant had seen his
majesty and his rovalhigbnesH, this informant
aboat nine of the clock in the morning of the
same day, went to see my lord Brandon Ger-
ard's lodgings; and as this informant was
standing almost over against my lord Gerard's
lodgings, between the lord Gerard's and the
laie lord of Essex^s lodgings, this informant
saw a hand cast out a bloody razor out of the
said earl of Essex's lodgings. And this in-
formant was. going to take up the said razor,
which he saw on the ground to be bloody ;
bat before this informant cape to the razor,*
there came a maid runnmg out of captain
Hawley's house, where the said lord of^ Es-
jpdgedy and took vp the laid razor, which
1159] STATE TRIALS, S6 CuARLRS II. \6B4i.^TrMofBrtMMMiSpeki, [li66
Ait, Gen. But yon never employed htm
to go abiiut to prosecute any saclv tning ?
Just. Withem* ^r Henry, Pray answer
me, did you desire bim to |j;o to Edwards's
bouse and ask him any questions abont it ?
8ir H. Cupell. I knW nothing of Edwards,
nor his ttoutw at all.
Braddon, Sir Henry Capell, Will you please
to let roe ask you one question ? Do you not
remember I came to Essex-house on the Mon-
day ni{i^bt, and thai 1 came and totd you of
such a report, and that I bad not been with
the father of the boy as yet, but if you would
then send one wit^ me 1 would go, and in his
presence examine the boy, and you, Sir, pro<
, nu'sed me that you would ; and whether you
did not appoint me to tarry at such a place,
where yon promised to send one to go along
■with me ?
Sir H. CapelL My lord, , 1 have a gross
idea .of that which he speaks of concerning his
having 6t>e to meet him, and that I told him
such ao one should meet him, aitd the person
did desire to be excused, and I did excuse him,
and so he did not g4i ; upon which this gen-
tlonmn, Mr. Braddon, came to me a second
time, which was after dinner, and I directed
him to ^o to a sc*cretary of state and acquaint
him with what he had to say in the business.
Braddon, Did not you promise, Sir, to
send one to me to go with me, and desired me
to meet at suchu place ?
Sir H. Capeli, 1 remember no more but
what I have said.
- Braddon. Upon the oath you have taken,
sir Heiiry CapeU, I desire you would recollect
your memory, whether you did not promise
me in the morning to meet at such a place,
and was not I twice with you that day ?
■ Sir if. CapeU. Sir, 1 Know no more.
Just. Withim. Do you think sir Henry
Capel) wonid forswear iiiinsclf, Mr. Braddon ?
Brad ion. My lord, I only desire him to
recollect his memory.
• Sir H. CapeU . (inly I do farther remem-
ber, he seemed to be very willing to go to the
secretary of state.
Att^ Gen. And if he had acquiesced there
foe bad done very well, and there had been no
farther trouble.
Mr. Jonet. But that was not the way he
intended, that would not do his work.
SoL Gen. Pray, Mr. Blathwaite, do you
give my lord ^nd the jury an account whether
<his intormation was ever carried before any
Justice of peace in order to have it sworn before
llim, and the circumstance of it.
Mr, Blathwaite. My lord, 1 do very well
temember, when this information was before
tlie king, and was shewed to Mr. Braddon, he
there confe^ed, that be had gone about to
find some justice of peace to take it upon oath.
He named sir Robert Clayton, and sir John
LawriMice. And I do very well remember,
and it is upon my minutes, That he confessed
that sir Hobeit Clayton, being asked by him
p) ^e the inl'ormation in private, alone with-
out company being by, sir Robert idntA to
take it, nnlesB be might take it more paUiclv,
and jBir Robert refusing to take it akiae, m
private, he would not let him to take it at aH,
but went away with it. I remember this fcr
sir Robert, and it may be Mr. Brsddon may
remember the same of sir John hkintaet;
but I cannot tell that.
Att. Gen, My lord, now we are come to
the 20th of Jaly, when this business wuhesri
before his majesty, and the boy declared it wm
a lie, and then ne had full notice it was a lie.
But after this Mr. Speke and he oomak to-
p^her, and he must be sent as aa emiBnry
mto the country to pick up informations and
evidences, and with this, and some other in-
formations in his pocket, to possess the people,
that the government had nmrdeied my lord of
Essex. And he must be sent I know nut Wv
far, as if the further he went from London the.
better intelligence he was like to have of a
thing done at the Tower. Tjlie justice of peace
that took him was sumnioned, but is since
dead. But we will call the persons that wm
present when he was taken, where is Mr.
Beech P [He was sworn.] Mr. Beech, Will
you acquaint the court and the jury with the
manner of apprehending this geotlemao, and
what papers were found about him P
Mr. Beecff. My lord, I was present when
Mr. Braddon was apprehended in M'iltahire,
and several |iapers were found Uf.-on him, and
upon examinHtion he was commttteil to the
county gaol, and from thence removed by
Habeas Corpus hither up to London. I have
copies of all the papers that ^ere takenabont
him, which I examined * with the originals.
The one was a copy of a letter sent by one
Speke to sir Robert Atkms, and there were
other papers in the nature of Informatiou;
another was a letter to one Cumpteo, poA-
master at Frome. Mr. Braddon iipoo bis ex-
amination said, his business was to inquire
after the murder of the earl of Essex, and that
one Mr. Burgis had sent him a letter to thii
purpose. That it was reported at Frame that
very day the earl of Essex cut his own throat,
that he had so done ; the news of which could
not so soon come do^n thither.
Att. Gen. Pray speak out. Sir, TeH ns
Nvbat bis business ne said was, and aa to the
letters h^ had about him, tell us what he said.'
Mr. Beech. He told me, that he had a
letter from one Mr. Bursas of Marlborough,
to go to one Cumpten at Frome, who is poiit-
master there, to inquire about a report, that it
was said was reported in Frome, the iSth day
of July, the same day the earl of Essex mur-
dered himself, that he wa» murdered. Mr*
Braddon had that letter about biro. I went
aflerwards to that Cumplen at t'rome, he said,
he never heard any thmg of it. Or that there
was 'any noise of the earl of Essex's marderj
until the Sunday following, which was two or
three days after From thence I went to my
lord Weymouth, a person of quality thatlivei
near Frome, and ac^iiainted nis lonWtip wiA
STATE IHIALS, S^Chakles II. 1$8.4.— /or a Misdemeanor. [ll62
1 I6lj
it, and be then said that be-had aa aooonot on
the Sunday t>f my lord of Essex's mjarder, and
he believed that was one of the first letters of
it that was in. the oouDtry. ^
Sol. Gen. Are these the papers ypo found
about htm. Sir P
Mr. Beech, I examined diese copies with
the originals, and they were true copies.
- Att. Gen, Well, put them in.
Mr. Beech, Truly, Mr. Braddon gave a
very ill accoant of his journey to those that
did examine him.
An. Gen. Pray loob upon those papers
that are the originals. ,
Mr. "Beech, Que colonel Airs was the jus-
tice of peace, before whom Mr. Braddon was
examined, and by whom he was committed :
be is since dead, but 1 do believe this wa» the
original letter that was taken about Mr.
Braddon. *
L, C. J. Do you believe that was the ori-
ginal ?
Mr. Beech, I do, I have a true copy of it.
Att. Gen. Besides, We will prove it other-
'wise to ^be Mr. Speke's hand. It was proved
by Mr. Blathwaite that Mr. Speke upon his ex^
amination did own it; what say yon, Mr.
Blathwaite ?
Mr. Blathwaite. He did own it, and said in
these words, as I remember, he believed it to
be his band.
Att. Gen. Wlyit, that paper?
Mr; Blathwaite. Yes, and I have put my
band upon it» that it was owned by him.
L, C. J. Read it.
CI, of Cr. This is subscribed by Hugh
Speke, and dated London, Lincoln's- Inn, Au-
gust t5th 1683, Wednesday night 10 o'clodc,
and directed, * For the ever honoured sir
• Robert Atkyns, knight of the Bath, at his
* bouse at Netherswell, near Stow on the Wold
< in Gloucestershire.'
* Honoured Sir ;
* The bearer hereof is one M^. Braddon, a
very honest gentleman, whose father has at
least 800/. per aan. in Cornwall; it seems it is
his late to be the only person tl>at follows,
and .prosecutes the murder of the earl of
Essex, and he lias made a very considerable
discovery already of it, notwitustanding the
bard stream he rows against, as things stand
and are carried on at present. But indeed I
think it could never have fallen on so fit a man,
for he has been a very hard student, and is a
person of a very good reputation,* life and
conversation, and has a great deal of pru-
dence, and has as much courage as any one
living whatsoever. He went away on a
sudden hence post towai'ds Marlborough to
make some farther discovery, and what be
has discovered he will give you a full account,
and of all the transactions hitherto about it.
I lent him my man to go with him for fear
he should come to any mischief, for most here
fear he will either be stabbed or knocked on
> the head, if he do not take great care of him-
>^ir^ seeing he came into these parts, J
^ thought it notamiss togoi^d advise with you
* how he had best to proceed in it, and 1 did
< charge him not to let any body know who he
* was, that it might not be known that he had
' been with yon ;; for I would not for the world
* that yon should come to any prejudice in the
* least for your kindness towards us. For we
' labour under many difficulties as the tide
* runs at present.
* Prey call Mr. Braddon by the name of
* Johnson when he is with you ; I have given
\hiiir the same item. We hope we can bring
* on the earl of Essex's murder on the stage,
* before they can any of those in the Tower t(^
' a tr^al. He being in great haste, I have not
' tiipe to write more, but to assure that Mr.^
* Braddon is a person of that^ integrity and
^ courage that no body needs fear to trust him.
* I was very willing that he should take your
' ad vice, in this case which is of so great a
* moment, seeing he came within 90 or SO
* miles or thereabouts of your house. He will
^ gi][e you a full and clear relation of every
' thing in that affair, and how «hard they have
*• been upon him. Sir Henry Ca|iell told him,
' that it was a thing too great for him, *&c.
< All which Mr. Braddon (Uiatyou are tfi caH
* Johnson whilst he is with you at your house)
* will give you a true relation of. Mr. Braddon
< bath been at a great trouble and charge
* already about it ; < I know few that wonid
< have ventured to have undertaken thiil affair
* besides himself, as times go. I received
' yours this day, -with the great pains yoH
^'took, and the letter to the lady Russell, which
* finding unsealed, I sealed, without looking
*■ into it, and carried it myself . she ret^ims yon
* ten thousand thanks, and says, she knowa not
' what return to make you for your most extr»-
* ordinary kindness. 1 have not time to writa
*■ any more at present, by reason that Mr. Brad* -
' don, alias Johnson, stays only for this my let*
* ter. T am. Sir, your most obliged friend
* and most humble servant, Hugh Sp£ke.'
' I am writing a letter to sen|^ to you by the
* carrier.'
Att. Gen. This gentleman brings in Mr.
Speke to be the author of all this contrivance.
But we shall prove to you, tliat at the same
time this letter was taken about him, this gen*
tleman had others that were likewise taken.
These examinations, which I desire may be
hkewise read.
Mr. . I^ry lord, I came laltely from aur
Robert Atkyns,' he is an utter stranger, to tSL
this, he is now in the country, and luiows no?
thing of it.
L, C. J, If they will use hia name, I canH
help it.
Mr. . My lord, I would not have any
redection upon uim, for he knows nothing at
all of this matter.
Sol. Gen, The letter was never received by
sir R. Atkyns, but takeu belore it came to him.
Att. Gen, All the matter is, it is an unhappy
thioff to be thought well of by such aort A
people.
1 iCa] STATE TRIALS, S6 CiiARLES II. i6U.-^Trial qf Br^ddouaud Speke, [\l6i
L. C. J. I see nolfaing of sir Robert Atkyns
in the cade, but only his name is used, and no-
tice is taken of the great oblio^tions some peo-
|ile have to him, i\})L his gi-eat kindness to his
IViends'. ,
CKofCr, Here -is an information.
1 X. C. J. Was this fbnnd about him too?
Mr. heech. Yes, I believe that is the verr
pa|)€r, I have no copy of tliat paper, but I well
remember the contents of it.
Att. Gen, Did you sic^ it or mark it ?
X. C. J. He may beheye it to be without
•igningr. '
Mr. Beech* I presume Mr. Braddon will
own it.
C i. of Cr. The Information of Mrs. Edwards,
wife to Thomas Edwards, saith, ' That about
*' 10 o'clock in the morning on Friday the
* 13th of this instant July, this in^oripant's
' youngest son William Eclwards, ag^d about
« 13 years, dime trembling to this informant,
* and in great amazement and horror told
* this inibrmant, that the lord Essex had cut his
^ throat in the Tower, and farther said, Thas
* he the said William Edwards in the morning
*• about nine o'clock, did see a hand cast out
» a razor out of the said lord of Essex's lodg-
« ing window, which razor he saw on the
« ground to be bloody. And the said William
« Edwards was going to take up the said razor,
* but before he came to it, there came a maid
* running out of captain Hawley's house,
* where the said earl of Essex lodged, aiyi
> took up the razor, which she the said, maid
* forthwith carried into the said captain Haw-
* ley's house, and koon after he the said Wil*
' Ham Edwards lieard her, as he the said Wil-
* liam Edwards did believe, cry out murder.
'And this informant further .saith. That the
* substance of which the said William JSdwards
* hatH sworn in this information, he the said
^ William Edwards on Friday last did declare
' to this informant and her whole family,
* several times attesting it to be true, and several
* times since.'
CI. ofCr. Here is the Information of Wil-
liam Edwards second son of Thomas Ed*
*(fards.
Att, Gen, That is the same with what was
read already.
X. C J. AV) that is the boy's Information.
CL (^Cr^ Here is another, it is dated Au-
gust the 8th, 1683. The Information of Jane
Lodeman, aged about IS years, did in the pre-
ISence of these, whose names are here under-
"written, declare as followeth^ * That the said
* Jane Lodeman was in the Tower on Friday
< morning, the ISth of July last, and standing
<^ almost over-against the late earl of Essex's
* lodging window, she saw a hand cast out
* a razor out of my lord's window, and imme-
' diately upon that she heard shrieks, and that
* there vim a soldier by my lord's door, which
* cried out to those within tuc house, that some-
* body should Come and take up a razor which
' was thrown out of the window, whereupon
* there came a maid with a wbite hood out of
{ * the house,' but who to(dt up the razor sha
*• cannot tell.'
This isttibscribed John Boom,
& Wm. SMrra.
CL of Qr, Here is another paper, August the
8th, 16*83. Mr. William Glasbrooke floes decbre.
That one Jane Lodemau, aged about 13 yean,
inhabiting in the same house where be tlie said
William Olasbrooke lodged, did on Friday the
13th oi* July last past, betweei^ the hours of 10
and 11 in the momin;^, in the presence and
hearing of him the said William Glasbrooke
declare to her aunt, ' That tlie earl of Esses
' had cut his throat, upon which her aunt was
< very angry with her, whereupon she the said
* girl did declare, that she was sure of it, ftir
* she saw him throw the razor out of the
' window, and that tlie razor was bk>ody, and
' that she heard tnD groans or shrieks (wliicii
' of the two words she usM^ he the said Wil*
' liam Glasbrooke is not certain) ; of this he the
* said William Glasbrooke is ready to make
<oath.
< This is subscribed Wm. Glasbrooke,
Margaret SMrni.'
Alt. Gen. He carried his stuff about kin,
it seems, whereyer he went.
X. C-X It is stuff indeed. Good God, what
an age do we liye in !
Att. Gen. It is not taken upon oatii before
any magistrate, but cooked up to aosiise the
country, as if they were foimsl Informations.
Here is another letter, Mr. Beech, was this
letter ibund abont him ?
'Mr. Beech. Yes, this letter was found about
him. )
Att. Gen. It is from one Bnigis, a man of'
the same kidney.
CL f^Cr. This is directed for Mr. Compcn,
at the Dolphin at Frome, and it is subscnbed
Jeremiah Buigis, and dated Marib. Oct. 21.
* Mr. Cumpen ;
*• My kind love to you. These are to desire
* you to call to mind, that 1 was in Frome the
' 6th of July, being Friday, where I heard the
* report that the earl of Essex had cui'his own
/ throat ; I would desbe you to inquire into it,
* to know who first reported it, and give this
' gentleman the truth of it And in so dcing
' you will oblige me, who am yoor friend,
* JeREMUH BURGiS.'
Mr. Beech. Under fkvour, my lord, this
letter talks of a report thst was tne 13th day,
the very day the earl of Essex murdered him-
self, I went'directly to Frome and spake with
this Cumpen, and netold me, he did not qieak
with Buigis nor see him, nor was there any
such report before the Suiday morning.
From thence I went to my lord Vr eymooth's;,
as I toldyou.
Att. Gen. Mj lord, we have gone tfaroqgli
our eridence for the present to shew bow this
man has endearoured to spread this matter to
the scandal of the government We shall end
here at present to see how be has impro>ed
bis confidence, by what defence he vriH make
to all this proof. Af^erwards^iltlierebaocoR*
1 163] STATE TRIALS, C6 CifARiBS JI. l(}84.->r a Misdemeanor, [nQG
BiOD, WB shall g^hre an account of the earl's
death, how he murdered himself. And for that
we have a cloud of witnesses, though thisgen-
tlenian has taken upon him so much confidence
as to cotitest it.
L. C. J. That would be verjr fit, Mr. At-
torney, because they Have rai&ed a doubt in
some people's mind about it.
Ait. Gen. I thought it best to reserve it till
miter 1 see what defence he will make.
X. C. J. Take your time.
Mr. Walicp, May it please your lordship,
And you gentlemen of the jury, 1 am' of coun-
sel for Mr. Braddon and Mr. Speke, the de-
fendants here. You see what the issue is
before vou, Mr. S^eke and Mr. Braddon, they
are in the Information chai^fed, That they did
oonspu^ together to make the people believe,
That wheretfe the earl of Essex murdered him-
self, and so it was found by the inquisition,
yet they would have the people believe, that
that inquisition was taken unduly, and that
thev did conspire to procure false witnesses io
make these things out. Now, gentlemen, the
only point that you are to enquire of, is this.
Whether these two gentlemen did maliciously,
fiu^oufclv, and seditiously set these thincfs on
foot. Tnis repprt that the earl was murdered,
or whether there were such intimations offered
to them accidentally and casually, without
officiousnesss, 'or any of their own seeking that
mkrht induce a good man, or a wise man to
follow the business upon such information
fivep. For our parts that are for the defen-
ants, we say this for our clients, we are not
so much to make any men guilty of this mur-
der, that is not our business, but to prove our
own innocency and fair deaKng in this matter.
Now, gentlemen, if these two persons had no
indocement to lead them on to this, but did it of
their own heads, that is criminal in them ; but
if they had that which might indncea wise and
good man, though they were much mistaken,
yet they are^not to be found guilty of this
ofiitlce that is cliarge<l on them. I shall leavo
it, gentleman, to you, who I question not have
ofasorved the evidence that has been given, and
whose proper work it is to make your judg-
ment upon it. But in our defence, the stens
we gu are these, and we desire you would
please to observe them. First, we say. That
the report of this piurdcr was the day beibfe,
two or three days before, and that very day,
•o many miles distant from ^London, that hear-
ing of such a report, we might very easily be
induced to make some inquiry, after it ; and of
this four instances we shall give in the course
of our evidence, that this was a great many
miles' off London talked of at the day, and im-
mediately af^er the day, before the news could
reach those pUces, after the fact committed.
Then we shall proceed to those passages oon-
oening the boy, and produce evidence to set
forth the true state or that matter. That this
boy, as he says himsctt', did teU the family
this story, that very day that my lord musder-
«d bimsdf, imm^iiately upon his coming
home. N6w this original story is impossible
to be contrived by Mr. Braddon, be it true* or
be it false. Then Mr. Braddon coming into
Essex, to Mr. Evans's house at Wansted, there,
what was said by the boy was spoken of. Then
Mr. Braddon finding this information of the.
boy which he had given merely of himself
and which contradicted the inquisition, and
put him upon this inquiry. Now how fiur this
intimation has weight, and may be an induce-/
ment to a good and wise man, as 1 say, that
we must leave to you. But besides that, there
is a g^l, a stranger to the boy, that at the same
time, upon the matter, and to this same e£foot
and- substance, deliveied such an evidenoe, as
might very well serve to confirm us in our in-
<iairy, and this is the course of oar evidence,
in the, substance or it. • And vre shall apply
ourselves to your lordship and the jury aner-
the evidence given, and make our observations
upon it, and submit it to yon, gentlemen.
Mr. Williams. Will your lordship please to
spare me one word, that is an objection that we
would make from the record itself. The In-
formation that does recite, That the earl of
Essex was imprisoned in the Tower, and during
his imprisonment there cut his own throat, and
became Felo de se. And that there was an
inquisition taken before snch an one, befbre
Edward Famham, coroner of the liberty of ^
Tower: My lord, I was not here when the
inqm'sition was r^, if I had I should have
made the objection then, bat this is that I say,
if we can falsify that part of the reccHrd, if there
be a tnistake tnere, that is« if Famham was
not coroner, then they fail in their proof, and
we must be found Not Guilty, for so it is in
the Information.
L. C. J. It is said to be before him as coro*
ner of the liberty.
Mr. WilUami. Yes, my lord, they recite that
he is coroner, and that the inquisition was taken
before him as coroner, and Mr. Braddon know-
ing of it, did thus and thus.
L. C. J. Why, is he not corqner ?
Mr. Williams. My lord, I desire the Inqni-
sitionmay be looked into, I cannot go to con-
tradict the inquisition, but my instructions
only are that he is debuty coroner, and if'
it be so they are mistaken in their informa-
tion.
CI. qfCr. It is ^ Coram Edvardo Famham
*■ Coronatore.'
Mr. Williams, Then we cannot help it. But
there are these things that we say to it, one
part of the informatioii is. That we should go
about to persuade the people, that this infoi-
sition was not duly taken ; another > part is.
That we did procure false witnesses to prove it ;
now what proof is offered as to the'nmtter of
persoading the people, I must submit to you,
whether it be such as comes up to the charge
in the infbrmation. There is some kibd of
proof, but what it is, you rise. Then for the
other matter, which is the procuring of false
witnesses, that, under favour, 1 think I may
affirm, that there is no proof at all of| that
1167] STATE TRIALS, 36 Charles II. l6B4,.^TrialofBradionmu[Spdu, [ll6s
Af r« Braddon or Mr. Speke did procure fake
witnesses. GeotiemeD, we sliall endeavour to
acquif ourselves of all, if we cannot of all, yet
gf part, especially that part ^vhicb seems to be
the most crimiDaJ. And I must Dee<is say, I
have not heard any proof of prricuring laJse
witnesses, by either of the defieudants. Then
tlMre is a tlurd thing charged, and indeed in
the evidence there is something that looks
towards it. That he should go about by papers,
and otherivise to publish it, that he was a per-
son employed to prosecute the Murder ot the
earl of Essex. Now as to this matter, all I
shall say for Mr. Braddon is this. If he have
done something more, it may be by a trans-
port of zeal, than became him, that must be
submitted how far it is crirainid. If he did
what did not become a mighty wise and dis-
creet man; yet if he did what became a ra-
tional man of ordinary capacity to do, if he had
this information, and so many other informa-
tions, and he did search innocently a little into
it, if he did not do it seditiously and factiously
with an ill mind, we hope there is no such great
harm done. And indeed, gentlemen, his mind
is to be tried in this matter. And it is an hard
matter to try a man's mind, guo animoj a man
did such an action ; that he did if there is 9ome
sort of evidence, but if he did it not out of an ill
principle, and with an evil intention, then,
under favour, we take it he is not guihy of this
Infonmation. And we shall endeavour to make
it out thus. This gentleman hearing of this
report of the boy, makes his application first to
sir Henry Capell, who was a person well
known, to be nearly related to this unfortunate
lord, the earl of Essax, and he tells him what
itttbrmation he had received. - Sir Henry Ca-
pell puts him into an excellent course, and
desires him to go and inform the secretary of
state, and he did so, and if he had gone only
this way, all that he had done had been inno-.
c^t. Then the matter is only this ; He has
gone a little but of the way, and ha^ taken
some informations and examinations in writing:
Why, though he has gone a step or two awry,
yet tf it was with a design to prepare the matter
the better for the secretary, by laying these pa-
pers before him, we hope there is no crime ; if we
did it not aeditiousiy, but only with an inten-
tion. That Mr. Secretary might receive a more
dear and full inibtination ; fhopfe the jury will
acquit us.
L, C. J, You say well. Come, prove your
matter. .'..<-
Mr. llumpsQn. Call Mr. Fielder,, and Mrs.
Mewz, and Mr. (jawes.
Lewes appeared.
Crier, Lay yonr hand on the book.
Laoes. My lord, 1 desire my chaxgey may 'be
paid, before 1 swear.
L. C. J. Pr'ythee,' what have I to do with
thy charges ? I won't make bargains between
you. if you have any evidence to give, and
will give it, do ; if not let it alone.
. .iJwu, My lord, I shall not give any evi-
d«B«a tUi I faaT^my charges.
Ir. C. J, Braddon, If you will ^ave your
witnesses swear, you must pay the&a their
charges.
M r. Braddon. My lord, I nun ready to pay
it, , I never refused it ^ but what abatl 1 ghe
himT
X. C< /. Nay, t am not to make baigains be-
tween you, agree as you can.
Mr. Thompwn, My lord, we are willing to
do what is reasonable. You, Lewes, IfVhat
do you demand ?
Lewes, He can't flive me less than 6^. a day.
L, C. J. Why, Hnere dost thou live?
Lewes. At Marlboroagh.
L, C. J. Why, canst thou earn 6s. a day by
thy own labour at Marlborough ?
Lewes. My lord, I am at 40<. or 3/. a week
charge with my family and sertanls.
L. C, J. What trade art thou?
Lewes, A stapler.
L, C, J, And doM your trade stand sdtt
while you are in town ?
Lewes. Yes, to be sure it can't go well on.
L. C, J. Well, I say that for you, yoa va-
lue your labour high enough, I know not what
your evidence may be; but, Mr. Braddon,
you must pay your witness, if you wiU have
him.
Mr. Braddon. I will, my lord, very readily.
What will you have? I have paid yoa some-
thing already.
Lewes. Give me 20«. more then. You cuCX
give me less.
Then Mr. Braddon paid him 2(to., and ke
was sworn.
L. C. J. Welf , what do yoa ask him, Mr.
Thompson ?
Mr. Thon^son. We ask him, Whaftrepoit
he heard of the earl of Essex's death, and
when ?
L, C, J, What is your name, friend ?
LeweSi Lewes.
L, C. J. Well, what is it you say?
, Lewes, My lord, as 1 was tiding np Has«
band, within 3 or 4 miles of Andover^
Mr. Walhp, How many miles is that off cC
London? — Lewes. Fifty- two.
» Mr. Wallop. Well, goon.
Lewes, Between the hours of 3 and 5, hot
it is so long ago that 1 cannot exactly tell the
certain time ; a man asked me what newa I
heard in the country, I told him, 1 heard
SajTs he, I hear the. earl of Essex has cut bis
throat: It was upon a Friday in the Bamnier«
i foi^et the day pf the month, I canH teU what
mon& it was<certainly.
Mr. Thompson, What day of the wttk. was
it? .
Lewes, I remember it was upon a Friday.
Mr. Thompson, Can't you tell what month it
was?
Lewes, I can't tell what month it was, it was
in the summer I know.
Mr. Braddon, My lord, I desire to ask him
a ^estioo.
L, C. /. Do. if yoa will : Aik him what to*
wiU. . 9
1 169) SST ATE TRIALS, 35 CiTAftlfiS It 1004*-^^ jTMbworiwr. ft 1 76
Sraddon. Did not yon ^ to IMhrlborough on
Tin Sfttnrdft y ?
Lewes, I did |ro to Maribonmgh ttie next day,
wliichw&g S^tnniay.
Braddan. I desire to know of him, whetlier
he did meet with the news ot it there then?
Lewes, My lord, as to that, ilthen 1 came
home, my neighbours asked me if I had heard
any news ? I told them, sayv I, I hear the earl
of Essex hath cut his throat. Why when did
jcRi hear it, say they ? I heard it yesterday,
said I. Said they, it was done but yesterday^
how could you' hear it so soon? That is
StU I' have to say, my lord.
Bfr. Witiiamt. By the best conjecture you
can make, was it that very day the earl of
£s8ex cut his throat ?
Lewes. I do not know that .ever* any such
man cut his throat, but this I heard, and I tell
you the time as well as I can.
Mr. Williams, Then pray let as have our
money a^n.
L, V. 7. Thou art well paid, I will say that
fi>r thee.
Mr. Williams. Where ia Mr. Fielder? Swear
him. [Which was done.l PMiy, Sir, what
did yon hear, and when, of the earl of Essex's
Mr. Fielder. The Wednesday and the Thurs-
day of the same week tbst the earl of Esse^
cut his throat, it was reported in our town of
AndoFer, that'he'had so done. The women, as
they came in and out of the town, talked of it
te one another.
L, C, J. What was talked of that Wednes-
dayand Thursday ? •
'Fielder,.ThBt my lord of Essex cut his
throat in the Tower.
Just. Withins. What before he had cut his
fliroat ?— JVeWer. Yes.
Just. Withins. That is very Strang indeed.
X. C. J. Lord, what a story is here !
Mr. Williams. My lord, if you please, I
will tell you what use we would make of it— «—
L, C. J. I know what use you would make
of it, the use is just the same, as yon make use
of all sorts of ridiculous and shammmg stories;
to set us together by the ears, and rake into all
die dunghrlls that can be, to pick up matter to
put us into confusion. C
Mr. Williams. • But, my lord, if there was
such a report so long before
£. C. J. Mr. Wilfiams, you were hertJ in
town at that time, I am sure.
Mr. Williams. My lord, I heard it at 11
o'clock that day, that is the soonest 1 heard it.
L. C. J. What an age do we live in ! What
stuff is here picked up, on purpose to kindle
the tire, and set us all into a flanVe !
Att'. Gen. What day of the month was it,
Fielder, upon your oath f
Fielder. I did not mind the day of the
month, I can't tdl that.
Sol. Gen. How do you know it was that
y¥eek ?
-* Fielder, Because art the 6ktarday night
that week, we had the certain news of it.
VOL. IX.
Sol, Oen, Yon say somebody tokl you then '
of it on Saturday ^
Fielder, Yes, on Satut^y we h)id certain
news of it.
Sol. Gen. Who gave yon thfe certain Intel*
\igeate?-^Fielder. 9ome clothiers.
Mr. Williams. Was Oadbury your country-
man?
L. C. J. Ay, pr'ylhee ask him that; whether
€fadbury tohfit him, or Erra Pater, if you will;
' Att. Gen. From what market people was it
reported ?^ Fielder. Sortie women.
Att. Gen. It was only women's stories ihen?
Fielder. Yes, they talked of it among them-
selves. .
All. Gen, Was it the fbrenoon or the after- .
noon ?
Fielder. The Wednesday and Thursday
both, it was the common talk of the town all
day long.
Just. Withins. Name one that spake it to
you.
Att. Gen. Ay, name one of any credit if yon
can.
Fielder. I cannot, it was the women as they .
came iil and out of my shop, and as they wtot
up and down the town.
Mr. Wallop. My lord, wc leave it with your
lordship and the jary. He swears he then,
heard such a report.
Just. Withins. Do you believe this; Mr,
Wallop, yourself? You are a man of iogenni-
ty, I appeal to you.
Mr. Wallop. 1 believe that Mr. Brftddoil in
his prosecution of this matter went upon the
ground of this report, for be bad heard the like
evidence was given in my lord Stafford's trial,
about the news of sir Edmxmdbury Godfrey's
being killed, before it was known here wha^
was become of him, and that perhaps misled
him, if he be misled.
Just. Withins. D5 yon believethat this nlan
can speak truth, when he says it was reported all*
about their town, for two days before it was
done, and yet cannot name one person that
spake it?
Fielder. I keep a public shop, and do not
take notice of every one that comes in and out,-
to remember particularly.
Just. Withins, Yoh heard it up and down the
town you say, surely you might remember
somebody*
Mr. Wallop. He might hear it, and not tak^
notice of one, but it was the common fame at
Andbver.
Mr. Williams, Let it go as it wilt. Your
lordship and the jury hear what he s^ya-; —
X. C. J, But, under favour, 3Ir. * Williams;
it ought not to pass so easily; it is a contrivance
to deceive the king's subjects, and shews a de*
sign to pick Up evidence to deeeive the un- '
wary, and fill their heads with fears and jea*
lousies of I know not what.
Mr. Wallop. My lord, I would excuse my
client from malice as well as ever I can, and
therefore we produce these witnesses, to shew
what grounds he had for wliat he did.
4F
117 k] STATE TRIAIA 3^ Chablbs II. l684.^7rM o^ BradixmenASptke, l\\J9
]^r. JftUianu, We will next call some wo-
men that live near the Tower, that voiffhi give
Jum some occasion for his conoerningliiaiself,
. in this business, Jane Lodeman, and Maigaret
Smith. This voice and ramoor in the coim^
try, ma^ehim go into the country, but it shews
be was no contriver of the report.
At I, Gen. I would fain know of Fielder,
when he told Mr. Braddon of this ?
Braddon, My lord, I desire the fiunily of
the'^£d wards may be called.
L. C. J, Name them. Who are they P How
can we tell^who your witnesses are ?
Braddon. Crier call them, Mrs. Edwards
and her daus^bter. Will your lordship give me
leave to make my own defence ?
L. C. J. Ay, if you will, but then take no-/
tice your counsel are discharged from making
any defence ibr you.
Braddon. May it please your lordship, and
yoagentlemen of the jury. These were tJie in-
ducements following, that put me upon engag-
ing in this matter
Att. Gen. Call your witness^ first, and then
vpeak. ,
Braddon. Mr. Edwards, and Mrs. Edwards.
£Who came into court.}
. Just Withins. Pray, Mr. Braddon, answer
me this one question. What was the matter
that encouraged you to proceeil afler you
knew the boy had denied it, and said it was all
a lie.
Braddon. I wai bound to answer to an In-
formation after I had been examined at the
council ; I had not otherwise stin-ed in it
Ajj^ain.
L. C.J. Well, What do you ask Edwards?
Braddon. What day was the first day I saw
you, and had discourse with you, and what was
the discourse 1 had with you ?
Edwhrds. It was the 17th of July.
, Braddon. What d;d you tell me then that
your boy reported ?
Edwards. 1 told you what I acquainted the
court withal before, that the boy had brought
home such a report.
Braddon. Had the boy ever denied it before
I saw you?
Edwards. That day yon came to speak with
pie about it, as I was informed by my wife and
my daughter, the boy did deny it.
Braddon. Was it before I came, or after I
gpame that he denied it ?
Edwards. It was after you came.
Braddon. What were the indi!icements that
made him to deny it?
Zr. C. J. He tells you himself because it
' was false.
Braddon. I desire.lhe elder sister Sarah Ed-
Wards may be called.
3Ir. WaUop. It is apparent the boy did affirm
it
X. C. J. I thought BIr. Braddon would have
made bis defence himself, Mr. Wallop, but you
will be breakiDg in upon him with your re-
marks. Make your r^madu ;by and by, this
IB a time for evidence.
Mr. WaUop. t/Lj kml, I only ny this, it is
apparent Uie twy did first afiirm it, and we ^~"
shew how he came to dei^y it.
L. C. J. It is not proper for joa to
remarks, when you are examining your wit-
nesses ; but when you sum up, yon ma^ take
what notes you will, and reserve them till that
time, but do not break in upon the evidence.
Crier. Here is Sarah Edwards now. ^Wha^
was sworn.]
An. Gen. This is not the sister, this ia the
mother of the boy.
L. C. /. WeU what do you ask her?
Braddon. What discourse had yon witk
your boy about ten o'clock that Friday mora-
ing I met you ?
Mrs. Eawards. I had no discourse, but what
my child told me.
Braddon. What did your child tell you?
Mrs. Edwards. I gave an account to my
lord-keeper, he had it in writing, I gave bun
an account in writing.
' Braddon. But y od are now called upon your
oath, and are to speak the truth, and must give
an account* to bis lordship and the jury upoa
your oath, what it was the boy told you ?
Mrs. Edwards. What was it. Sir, he came and
told me? Why, t6e boy told me, Bf other, says
he, I have been at the Tow^ , and seen thekine's
mayesty, and his royal highness, and says be,
the earl of Essex has cut his throat ; and Lord,
Mother, says he, and wept. . Lord, child, said
I, I am afiraid you are going to make some ex-
cuse to me that I should not beat you, being
YOU have played truant ; no, mother, says be^
J did not. He continued in this for a little
while, and then afterwards did deny it.
Braddon. What did he deny ?
Mrs. EdwHrdg. What he had said to me.
Braddon. Did he deny that be had been at
the Tower? Or that the earl of Essex hadcot
his throat ?
Mrs. Edwards* No, he denied, what he nid
he saw.
Braddon. What was that ?
Mi's. Edwards. He said, he saw an hand oat
of a window, and a razor fell down, and he
went to take it up, and there came out a vro-
man, or a maid, a short fat woman came oiit»
and took it up, and went in again.
Mr. Waliop. And he said this crying and
weeping vou say ?
Mrs. Edwards. Yes, he did so.
Braddon. Did he deny it before such time as
I had been there ?
Mrs. Edwards. No, you was once at my
house before, and spake to my husband, and
then you came the same day again.
Braddon i Pray what was the discourse your
eldest daughter nad with the boy between the
time of my first coming, and the time of my
second coming ?
L. C. J. "Tis impossible for her to answer
any such question, what discourse two other
people had.
Att. Gtn, firing the daughter herself, and
let her tell*
ll/S] STATE TRIALS. S6 Chamb^ If. j€s4.^f4ft a MUitmean&r. [1174
- JL C. J, Hark ymi, Mrs. Edwards, before
^ou go. The boy denied it, it seems, in two
or three days after he had ^Ten out sudi a re-
ports"
Mrs. Edmnrd$, Yes, my lord, be did.
L. C. J. How came he to<deny it?
Mrs. Edwards. I will tell you how. When
this gentleman came and a<^uainted my bus-
band with his business, it put us all into a great
damp; and my husband said. Now -both my.
boys were gene to school, and says he, after
the sentleman was gone, to my daughter
Sarah, Do not you say any tbin^ to your bro-
ther when he comes in, but let him alone, and
we will talk to him. Ho with tliat she was
grieyously affrighted, and so amazed^ that as
flpon as he came in, she said^ Prythee, Billy,
deal truly, and do not you tell any lie to save
your breech, for here has been a gentleman
to enquire something aboyit what you said ;
why, sister, says he, will any thing of harm
come ? Truly, child, says she, I do not know ;
ud upon that be did deny it.
X. C. /. Did you tell Mr. Braddon, be had
deniedk?
Mrs. Bdmardi. He was told he had denied it.
jL. €. J. Did you tdl Mr. Braddon, before
the pAper was signed, that he did deny itP
am, Edwards. Yes, my lord, he knew that
before the paper was signed.
Braddnn. Mrs. Edwards, did not the bov
come to you, and cry out, he should be bang'd,
and then did deny it ?
Mrs. Edwards. Yes, that he did.
Braddon. From whence did he come, that
he was in such a fright ?
Mrs. Edwards. I can't tell that. Sir.
Braddon. Did not your eldest daughter chide
him and threaten him ? ,
Mrs. Edwards. Yes, she did bid him speak
the truth.
Att. Gen. And then he denied it?
Mrs. Edwards. Yes.
ii. C. J. Av, savs she tfo him, Billy, do not,
to save thy breecby tell a lie, but speak the
truth ; why then, says he, the truth of it is,
there was no such thine.
Braddon. My lord, she says it was after his
sister bad -chid and threatened him.
&t^. Gen. You are a little too 6eroe upon the
woman, Mr. Braddon, you do not observe what
she -says.
L. C. J. Yes, he is wonderful zealous, flou-
rishing his hands—
Sol. Gen. She says, the daughter did tell the
flon that he must spieidE the truth, and not tell a
lye to save his breech, for there had been a
ffeotleman I6 inquire about it ; Why, says the
boy, will there come any harm of itf 1 don't
know^ says liis sister ; Why then, sa^s be, I
tellyou .the truth, there was no such thing. "
a C. J. Ay, %f hen she engaged bim to tell
the truth, and not leli a lye to save bis breech,
then the truth comes out.
Braddon. Pray 'call Sarah Edwards the
dauffhter. My lord, they told me in the house
thai she bad frighted him into a. denial.
L. C. J. Pray, good l%r, how came ytm tm
be a justice of peace, and to turn examiner T
Yon live in the Temple, or bdon^ to the Tern •
pie, how come you to take exammatiotts here
m London, but that some people are so very
zealous and officious in matters that concern
them not, oo purpose td raise a dust?
Then Sarah Edwards the youngs was sworn.
Braddon. Did not your brother deny whaf
he had said by your means ?
L. C. J. Pray, ask a ^r question.
Braddon. Mistress, pray tell your know-
ledge of what the boy declared ?
L. C. J. Ay, ay, tell what you know, what
your brother said concerning bis seeing a razor,
and his denying of it afterwards. Tel all from
the beginning to the end, and tdl truthin God's
name, and nothing but the truth. We desire
the truth may come out, let it be of which side
it will.
Sarah Edwards. My brother came liome,
and said he had been at the Tower, and that
he had seen bis majesty and his royal-highness,
and the earl of Essex had cut his thniat, and
that he saw an hand fling a razor out -of a win-
dow, and that a maid, or a woman, came out
and took it up, and went in agaiiT, and pre<-
sently after he heard a noise of muider cned^
so I knowing he was very apt to tell lies, I did
not believe it.
Braddon, Pray, mistress, did you prevail
with him to deny it afterwards f
L. C. J. You are so wonderful ftill of zeal
and heat in this matter, you cannot let yonr
own witnesses tell their own story, but ydm
must interrupt them. You have bete bred to
the law, and you have been before here present^
I suppose, at many tiials, and what pretenen
can yen have to be naore indulged in an eztnb-
ordinary way of proceeding than others ? It is
not for the integrity of your conversation, I am
sure, that you ought to have it, hot only be^
cause you nave more impudence. *
Braddon. My lord, I have nothing of confi-
dence, but what is grounded upon innocence. *
L. C. J. I tell you, you^ are too confident,
and pray know where you are, and behave
yourseli as you ought.
Braddon. My lord, I hope I donootl^erwise.
L. C. J. We must give such liberty and to-
leration because of the extravacfanoe of bis ooih-
fidence, as to let him break m upon all rules
and methods. When you behave yourself ab
you ought to do, the court will indulge you,
and give you all just liberty ; hv4 don't *ea0-
pect for your zeal sake, and the flinging of
your hands^to do what you list Go on, msi-
,»
S. Edwards. So, Sir, this Mr. Braddon cama
on Tuesday foUowing, about one or two of the
clock, and asked for my father, and coming,
my sister Mary went to. the door^ and called
my father out to him. When my father came
to him, he told my fadier became from sir
Henry Capell, and the countess of Essex, to
know the truth of my brother's repfsrt. So my
1175] STATE TIUAL9; s6ChamluU. i6Bi.-^TTMcfBr04imitmiSfdsi, [\m
father told liim the boy bad mortad such a
thine, hat he would not Mert ite truth of it^
lor be bad been iDfanned by urtbat the hoy
was apt to tell lies to excoaehiB plajrin^ tm-
aot; flo the child was §pODe to school when Mr.
BraddoD came, and when he eame home fVom
school th^ went to the child ; said I, Billy,
will yoa be sure to tell ijoe the truth of this re-
port ; why sister, said be, will any harm' come
of it? ^iay, said I, i do not know, for there
has been a ^^ntleman to enqaire about it. 80
then the cmld denied it.
L. C. J. Did he know this before he made
the boy sign the paper ?
8, Edmarck. . Yes. This was on the Tues-
day ailer Mr. Braddon had been first there.
And I spake to him, said I, Klly, say noting*
but the troth, be sure, and don't tell a lie to
save your breech. So, Sir, as soon as ever the
child denied it, ftlr. Braddon came in again the
same day, and coroing in found us, my mother
and all of us, daunted hearing the boy deny it ;
but he asked the child and bid him speak iJie
tra(h, and told him it was a dreadful thing to
be htf , and bid him read the 5tb of the Acts,
telling^ him he woulfl find there two were struck
dead for telling of a lie, and several other sych
expressions that I cannot remember. Upon
Wednesday, about noon, he comes again, and
lilen my brother did own it aoain, and he writ
down what the boy owned, andwent away, say-
ing he would go to air Henry Capell and the
countess of Essox. And on Thursday, he
comes again and brings a paper written over
min, not the same he writ at our house, and
then the child set his hand to it. The child
was something unwilMng, so says he to liim.
It wUl be no harm to you, if any danger does
come of it, it will oome to me and not to you.
Xr. C J. The child was onwHling to sign it
you jMT, but by his persuasion P
S. Edwetrds, Yes, Mr. Braddon told hkn it
would be no harm to him, all the harm would
come to himself.
Braddon. When the child had owned to me
what he fiist said, and upon your saying that
he denied it, 1 asked him the- reason why he
denied it? pray will you tell what answer he
made to that qtiestion. Pmy tell the ruth
nnd nothing but the truth.
S. Edwards. Upon my word, Sir, I can't re-
collect that.
Braddon, Pray mistress, what answer did
he make?
S. Edwards. I have told you what I know,
to the best of my remembrance.
'Braddm. Did not yon bear your brother
nm to Ilia mother, and cry out, 1 shall be
ha^ed ?— 5. Edwards. Yes.
Braddpn. What was the reason of his cry-
ing out so?
S. Edwards. Why, Itlie child had that fear
and dread upon his spirits, knowing it was a
lie, I suppose, he told.
Braddon. What was the reason of his fear ?
L. C. J. She tells you, it was die fals^ood
ofthestDiy.
Mr. Wmllop. MistMW, did vst yw tdl hb,
that his father would be in danger of losiw kn
place ?-*& Edmards. Yes, Sir, we did.
Mr. Wallop. Did you tell him, the king w91
hang your father if you do not deny it f
£. C. J. Why have yon a mind to hsre it
bdieved tbstit was true, then, Mr. \¥al)op?
Mr. WaUcpj. My lord, the boy best kasin
that.
L. C. J. But do you believe that if it hid
been tnie, that the king would hang his ftther,
or- turn him out of his place if he md not day
it, as (hough the king woaU iofce people is
deny the truth ?
Mr. Wallop. My lord, I do not sqr aorki.
lieve any sacn thing.
X. C. 7. But your question seems to esny
it so.
Mr. Wallop. My kwd, 1 ask the qamUkm cf
her, whether she <fid not say so to biflir Isdk
<)uestiotis accordinff to my instnictions.
L. C. J. Nay,' Mr. Wallop, be as aogiy m
you will, you shall not hector the covrt out if
thev underatandingB. We see plainly eaoagii
whither that question tends. You that m
gentlemen of the robe, ohould emf yow-
selves with greater respect So the goveniaal,
and while you do so, the court will canytbeai*
selves as becomes them to you.
Mr. Wallop. I prefer myself to ail that kv
n>e, if I attenspted any such thing as to heeter
theoonit.
X.C.J. Refer yourself lo nil that bear ysi,
refer yourself to the court; it is a idlectiw
upcn the guvemmenL I tell you yonr qoeifMn
is, and you shan't do any such thsagwlnlei
sit here, by themoe of God, If I can MfiL
Mr. Wallop, I am aony for that, Inereris-
tended any such thing, my Icvd.
L.C.J. Pray behave yoorsdf as yoa -oogbt,
Mr. Wallop, you must not think to htS is4
swagger here.
Just. WU1un». Mr. Bnddon, yon hear what
the reason was of bis cry iiup out so. Sbenid
he was afraid because hekaew he had toU
a lie.
Mr. Wallop. Pray, mistress, who toU hin
the family would be ruined by it?
Just WUhins. Mr. Walfep, I aiksd Ihii
gentlewoman, whether she did say it, sad the
said she could not tell.
S. Edwards. Indeed I cannot tell, my IsnL
Mrs. Edwards. She did indeed say so, oy
lord.
Mr. Wallop. Pray let it go, my lord, ae itii,
what was it she said? DM she speak shmt
turning her father out of his place ?
Mrs. Edwards. I cannot say that,-M ^
said, when the boy asked whether them aesM
be any harm by it, she could not teU, but it
may m her Hither and family might be mad.
L. C. /. And is not this a reiectioD u^ the
government, to say the lantt would nun sty
one if they did not tell a lie F
Mr. Wallop. My loni, for a false report he
might be ruined, bat it seems upon this ssyiof
he did deny it.
1177] ^TATE TRIALSi "36 Chablbs II. l€M^f9r m MUdemNmot. [i i79
ixxsLWithins, Was there a wordVud of his
being turned aut of bis place P
Mrs. Edwards. I caonot say there was.
L, C. J. No> not a word, but only Mr. Wal*
k>p is so impetuous in tbe worst of causes.
Mr. Wallop, I am in tbe judgment of the
courts whether I do any thing imt what be-
eomes an advocate for nis client, according to
my instructions.
X. C J. Yes, you are so, and shall know that
you are under the correction ol* tbe court too.
Mr^ WiUiop, My lofd, I know where I am.
L. C, J. Ay, you know well enough, but
you would do well to' carry yourself as you.
ihouU do.
Mr. Wallof, With humble submisskm, »y
lor^, I appeal to all that hear me.
L. €. J. Appeal to whom you will, I know
Ibe hMsiness of the bar is to appeal to the
court.
Just. WUkiiu. What is the matter with Mr.
Walk», that makes him so emest in this
causer
X. C. /. There is such an heat in this cause,
I wonder whence it should come, I am rnvfe it
is not from the honesty of it.
Brmddm, Young Mrs. Edwards, if I suffer
any thiflj^ hy reason of the falsity of your tes-
''iimoay, it will return upon you.
S. Mdawda. Sir, 1 do tefi you all I know.
BrodfdoH. Then I desine you to answer nie
this question, whether or no when the hoy did
f>wn what lie first said, and I asked him the
jreasoA of his djenial whe^r tbe fabity of the
ihiofTy or fear caused him to deny it, did not he
My It was fear through your discouragemenfB
and threitteiiings ?
S. fldwards. No, he did not say it, did he,
jEnother?
X. C. /. Wby, we are got into a way of
appealinc^ and appealing, &te is appealing to
the people, and appealing to the witness ; pray
keep to the business, and if ithin the bounds of
decency. Beiinre such time as tbe boy denied
it, did you desire bini to speak truth ?
^.Edvardt. Yes, I did.
Mr. Thompton, And when Mr. Braddon ex-
amined him, did be desire hnu to speak truth ?
S. Edwurdu, Yes, he did.
X. C. J. But he knew before he examined
bim that he had denied it, did not he?
•S. EduHtrdi, Yes, the second time before he
€»me into the house.
Braddon. I desire the M gentleman may
be asked this question.
Mr. Thompson. Gall Mr. Edwards again.
X. C J. The spirit of tbe client was got
into tbe counsel 1 think just now, and now it
is ffotinto the client again. 'Tis an hard matter
touiy it, 1 pereeiTe.
Mr. Wulimi. My lord, 1 am here of counsel
lor Mr. Braadon, and I only ask questions as
they are in my breviate.
X. C. J. But, Sir, if you baye any thing in
your breviate that reflects upon the goTem-
nient, you ought not to vent it, nor bhan*t
be^permitted to vent it as long as I sit here.
Mr. WalU^. My k>rd, with snbmissMMi, I
hope I never did nor never shall let any such
thing come from me.
X. C. /. NaV) be as ang^, or as pleased m
you will, it is aft one to me, you shall not hay«
liberty to brpach your seditious tenets here.
Braddon. Mr. Edwards, Pray will you an-
swer this question P Did not your son, when
he was asked why he denied it, say that it was
fear and discouragement, through his sister's
threats, was the cause ? Pray speak the truth.
Edwards, 1 cannot tell whether tbe child did
sayso, something of that nature he did say.
Mr. Thonmson, Call Anne Burt.
X. C /. . We have got such strange kind of
notions, now-arday, that forsooth men think
tbey may say any thing* because they are
counsel. I tail, yon, Mr. Wallop, your ques-
tions did reflect upon the govenunent, as
though the king had a mind to turn a man out
of bis en^ynokent, if he did not swear a falsity.
What can be a greater Tefleetkm than thatP
But all the matter is, whait has been done muat
be avouched and justified, though it be never
so ill. But we plainly see through all. This
was the design fnom the be^aiBg, the kang
and the duke of York were in tho Tower at
that time, and it most be thought and be-
lieved that they had designed this natter, and
so then all the people must be ruined in case
tbey would not say the earl murdered hiisrif,
though indeed others had done it.
Mr. Wallf^. Mr. Edwaids did not delight to
have such a re|M)rt, as might create troiiUe,
first come out of hk house.
Braddon. My lord, as to the making such
an ittterence, or any vedectionas your lord-
ship mentions, I am m far iFsmit as any hady
here.
X. C.J. We must give a wonderlvl deal of
oouBtenanoe to such barbarous and horrid prao-
tioes,and I warrant you most suffer the go-
veroMftent to be reflected upon at the will and
pleasure of every man. Mo, let us hear the
truth, but not in the face of a court permit men
to asperse the government as they please kf
asking such questions.
Ait. Gen. And the witnesses say aotfaiiig to
it neither. ,
X. C. J. No, notkung at aH like it, bvt it is
aspersion for aspersion sake. And we must sit
still and bear it. ^
Mr. Wallop. My tord, I think it is for the
honour of the government to have aU things
fairly enquired into.
X. C. J. And it is for thehonour of all ooorts
of justice not to sufler reflections upon the go-
vernment, let them be by whom they will.
And in gentlemen of the bar it is worse than
others.
Just. Withins. IVuly, I do not see where
tbere is any countenance lor asking such a
question.
L.C.J. No, but some people are so wonde^>
ful zealous—-
Mr. Wallop. My brd, zeal for the truth 18 a.
good -seal.
1179] STATE TRIALS, 36 Charles II. l684.—
X. C. J. It w 80, but zeal for facAon and
sedition, I am sure is a bad zeal. I see no-
things in all this cause but villany and baseness.
And I. believe no man that has heard it, but
will readily acknowledge that it appears to be
an untoward malicious us^ly thing, as bad as
ever 1 heard since I was born, on purpose to
cast an indignity upon the king and govern-
ment, and set us all in a flame.
Then Anne Burt appeared, and was sworn.
Braddon. Mrs. Burt, I desire to know what
discourse you had with Mrs. Edwards, and that
family ?
Att. Gen^ I beg your pardon for that, here
Mrs. Edwards is herself to tell what she has
said.
Braddon. I desire to know what discourse
she had with any of the family?
Mrs, Burt. J went to make a visit to Mrs.
Edwards, and I had not been there half an
hour but in comes this gentleman ; now I had
asked no questions about the business, but in he
comes and desired to speak with Mrs. Ed-
Wards ; Mr. Edwards was called, and when he
came in with Mr. Edwards, the gentleman sat
^own in the room, and told Mr. Edwards he
had beard a report of something his son had
•apoken, but he desited to have it from his son's
own mouth, and the boy was calle^i in, (this is
« real truth. Sir, for I do not know whether I
may stir from this place where I am alive or
no ;) And when the boy came in, the gentle-
man said to him, if it be true that you have re-
Eorted, own it ; if not, do not own it ; for, said
e,it is a dreadful thing'to be found in a lie, I
would have you read the Sih Chapter, of the
Acts, where a man and a woman were struck
dead for telling a He. Sir, said the boy, it is
true, and what I said I will speak it before any
justice of peace in the world. And 'then he
•asked him what he had reported, and the boy
made a repetition of what he had seen and aaiid
before, that he went into the Tower and came to
the first row of houses that goes along. And at
the first house he saw nobody look out at the
window, nor at the second bouse, but he looked
up at the thiird house, and he took his hand
and shewed thus, said he, I saw a man's hand
he did 'not say, but an hand throw a razor out,
of this fashion, and he imitated it with his hand.
Said the gentleman, was it not the wrong win-
dow, or the wrong house? I will not t^e the
tiling upon this credit, take your other brother
down, that was a bigger boy than this> and,
^says be, go down to the house, and shew your
brother the window where you saw this. The
two boys went down, and he shewed his bro-
ther the place where he saw the hand — —
L. C J. Were you present at his shewing?
Mrs. Burt. Will your lordship please to
give me leave
L. C. J. And pray give me leave too. I ask
. you. Were you present? For you tell it as if
you knew it yourself.
' Mrs. Burt, Both the boys came up and said
so.
L. C. /. Tou should have said so then, tbst
thevtold you it, for you are upon yooroalli,
andnrast affirm notlung bat your ownkmnr-
ledge.
Mrs. Burt. If I do mi^lace my words J
cannot bdp that
X. C. J. You misplace your evidence, wo-
man, you must not swear that to be true, tfatt
you don't know to be true.
BIrs. Burt. My lord, I heard wbal I mj
with my own ears.
L. C. J. But you talk of a thing yoa did
not see with your own eyes, as if you had seen
it.
Mrs. Burt. I beg your pardon, ray krd, I
can't tell how to place my words so exactly.
L. C. J. I care not how thou pboest tby
words, tell thy own knowledge.
Mrs. fiar^ I tell what is troth, wbtt I
heard and saw ; for, said Mr. Braddon, I be-
lieve it was not the right window, when the
boy came up and said he had shewed the
window. And this gentlemen, I cannot hit
his name right, (he is a stranger to me) he and
Mr. Edwards went down with the boy, to ne
whether it were the right window of the hnm
where my lord died (which where it is I G«BMt
tell any otherwise than has been repotted, or
whether there be one room or two of a floor
I do not know ;) and when he came up agib
he called for a sheet of paper, tbatbenugfat
write from tbeboy's mouth, and that he might
not differ one word from what the boy bad said
himself. And whenl saw Mr. Braddon bqpa
to write I went away, dhr I thought it may bo
the gentleman miglit expect I diouM set ny
hand to it as a.witaeis, ana I did not desire any
trouble.
Braddon. 1 desire this question may be aik-
ed tier, my lord. Do not you remeoMEer it wif
said the boy denied it ?
Mrs. Burt. Yes, it was said, the boy did
deiwit
Braddon. What did his aiater say was the
reason of his denying it ?
Mr. Hiompson, Ay, what did you hear the
sister say ?
L. C. J. I told you before, that was no efh
dence what another body did say.
Mr. Wallop. Mistress, The boy desiod it,
for what reason ?
Mrs. Burt. Because his sister, as his mo-
ther told me, had been talking to hun.
L. C. J. As his mother told you, piidiee
woman, speak your own knowledge, sod nflt
what another -body told thee.
Mrs. Burt. Fray, give me leave, my
lord
L. C.J. I ten thee, I will not give thee
leave to say what thou shouldest not say.
Mrs. Burt. I heard his sister say
X. C. J. It is not evidence if thoa didrt
hear never so many people say it.
Mrs. Burt. My lord, I speak nothing but
the truth.
X. C. J. Shall we allow that in this case for
evidence that we allow in no other case, iff
|ie4l STATE TRIALS^. 36 Cbaklbs If. l684.-^>r « Msdmeanaf. [1182
ivtrntrewon, pray? I do not see it deserves
ftDv such eztFaorainary ikvour.
Just. WitJiiru. Mr. Wallop, we must not
hear what anotKer said, that is no party to this
cause. You know it is no e?idenoe, tnerefore
do not press it.
Mrs. Burt, My lord, I have done, if that
will satisiy you.
L. C. J. Prithee, satisfy thyself, good wo-
Mrs. Burt, My lord, 1 have done. I come
here to speak the truth, and so I do.
X. C. J. Nay, prithee be not so full of tattle,
80 full of clack.
Then a little girl came mto coqrt.
L.C.J. What age is this girl of? How old
art thou, child?
Girl, I was 13 last Saturday.
X. C. J. Do you know the danger of telling
a lye? — Girl. Yes. •
X. C J, Why, what will become of you if
you tell a lye? .
GirL The devil will have me.
X. C. J. Give her her oath. What is thy
name, child ?
GirL JaneLodeman.
Xhen she was sworn*
X. C. J. Child, do not be afraid of anv thing
in the world, but only of telling any thing but
what is true ; be sure you do not tell a lie, for
if, as you say, you shall be in danger of hell-
fire by telling a lie, much more will you be in
danger if you swear to a lie. Now, what
dp you ask ner ? ' .
Braddon. What did you see in the Tower
that morning the earl of Essex died ?
Lodeman. I saw a hand out of a window, hot
I cannot tell what window it was, but it was a
hand throw out a razor.
Braddan, And what did you hear after
that?
Lodeman, I cannot well remember, but it
was either two shrieks or two groans that I
heard presentiy after.
X. C. J. What time of the day was it,
child?
Lodemafu It was between 9 and 10 of the
dock.
X. C. J. Who was with you besides yourself
there?
Lodeman. There were more besides me, but
they wcint away.
X. C. J. Who were they, child?
Lodeman, A great many that I did not
know.
X. C. J. And how came you to take notice
©fit?
Lodeman, And there was a coach stood just
at the door.
X. C, J, Tell us some of them, child, and
that were there besides thyself, speak the truth,
be not afraid. Thou say est a great many peo-
Mte were there, and all the people must neces-
tfanly see it.
L9deman. They were people I did not know.
X. C. J. But they all saw it as well as
you?
Lodeman, So I suppose they did.
X. C, J, And you heard a shriek or two, you
say?
Lodeman. Two shridcs or two g^ans, I can't
well remember which.
X. C. J, How hish was the window?
Lodeman, Not above one pair of stairs high •
X. C J. How htB^h from the ground might
it be? — Lodeman. Not above one story.
Mr. Thompson. Whereabouts in the Tower
was it?
Lodeman. Shr, it was as you go upon the
mount.
Mr. Wallop. Whose lodging do you think it
was?
Lodeman. I did not know whose it was, but
folks said it was the earl of Essex's
X. C. J, Who did you tell this to ?
Lodeman, 1 told nobody till I came to my
aunt, and I told her.
X. C. J. What is her name ?
Lodeman. Margaret Smith.
X. C. J, Pid you ever tell this to that
man ? — Lodeman. Yes*, afterwards I did.
X. C. J. How came he to, enquire of you
about it? . '
Lodeman. He came and asked me, and 1
could not deny it.
X. C. J. * Ay, but how came he to ask
yon ? . .
Lodeman. There was a gentlewoman that
was at our house, and she beard of it, and
spake of it at a gentlewoman's at dinner, andssf
he came to our house to enquire about it.
X. C, J. Who is that gentlewoman? What
is her name ^-r-Lodeman. Susan Gibbons.
X. C. J, Let me see the information of this
girl, that Mr. Braddon had taken ?
CLcfCr, Ves, my lord, there it is.
X. C. J, Do you know my lord of Essex's
lodginffs? — Lodeman, They said it was his.
£. C, J. Did vou know ix of your own
knowledge? — Loaeman, No, Sir, 1 did not.
Mr. Thompson. Pray what became of the
razor that was thrown out of the window, after
it was thrown out?
Lodeman, I saw a woman in a white hood
come out, but I did npt see her take it up.
Sol. Gen. Girl, you say, that when you
were at this place in the l^wer, and saw this
matter, there were a great many people there
besides youi'seU'i^ — Lodeman. Yes, Sir.
Sol. Gen. Did the razor fall among the
people that stooil there, or did it fall out in the
street, Or how ?
Lodeman. Sir, it fell within the pales.
Sol. Gen. And was the passage easy into the
pales?' — Lodeman. Yes.
Sol, Gen, What, they must climb over, must
they?
Lodeman. No, you heed not climb ov«r»
there is a door to go in. And when people
went in the soldier opened the door.
SoL Gen. Who went in with tl^e soldier f
Did you see any body go in ?
I
1183] STATE TRIALS, 36CmablesIL l6S4>,^Truaq,
Lodeman, There was a man went id, but I
/ know not who he was.
Sol. Gen, Did tbe soldier stand at the door
when this raaor was thrown out ?
Lodeman, I cannot tell that, a soldier osed
t0 be at the door.
SoL Gen. The woman -eanseovt of the lodg-
ing, did she iiot?-r-X(H^«fiMn. Yes.
SoL Gen. iDid she go in again ?
Lodamtn, 1 did not see her go in again.
SoL Gen.. Did ^fae go into the pale ?
Lodeman. 1 ijbd not see her go into the
Sol. Gen. Did jpou see the raaor «Aer it fell
upon the ground ? — Lodeman. No.
Sol. Gen. Was it Uood^r ?
Lodeman. Yes.
SoL Gen. Yeiy bleedy ?
Lodeman. Yes.
Sol. Gen. Did you see nohedy tidce it up ?
- Lodemkn, No^ I didnot.
SoL Gen. Come hither, elukl ; are ys« Jiure
it was a razor, or a knif^f
Lodeman. I ana sure it was a raaor.
SoL Gen. Was it open «r shut ?
Lodeman. It was open.
SoL Gen* What colour was the handle ?
Lodeman. Sir, I cannot tell, I see it but as it
flew out. /
Sol. Gen. Was it all over Moody f
Lodeman. N«.
SoL Gen^ All but a little speck ?
Lodeman. It wn very bloody.
X. C. J. Blessed God, What an age do we
Mve in ! Girl, yon say, yo«i did net know it to
be my knrd of Essex's window?
Lodeman. No, but as they told me.
L, C, J. Nor you did not see any body take
opthernaKMr?— XM/asMtn. No.
L. C. J. But you ave sure you did not f
Lodeman. I am sure I did not.
L. C. J. But, child, .reeolteet thyself, sure
thou didst see somebody take it up ?
Lodeman. No, I did not.
L. €. J. I ask thee i^in. Didst not thou
knew it to be my lord of Essex's window ?
Lodeman, No, hut as they tolil me.
L. C. J. Did you hear nobody speak to the
maid that came out? '
. Lodeman. Nobody at all.
X. C. J, No, pr'ythee is that thy hand,
ehikl ? 8bew her the paper, the uppermost
partof it.— XcNfesNtn. S>r, I cannot write.
X. C. /. Who put thy name to it ?
Lodeman. Sir, i do not know, no more than
the Pope of Rome.
X, C. J. Whose hand- writing is that ?
Lodeman, I cannot tell,. I never could write
IB tny life.
BraddoH. Those are the names of snch as
beard her say it.
Alt. Gen. Yes, you have cooked it up
bravely.
X. U. J. You shall see what a braTe ma-
nagery you hare made of this poor child. Read
tlie Infiirmation.
CL ofCr. Readf«-^< The eighth of Augtist,
aniSfth, {\\U
1683, Jane Lodeman, aged about IS yens,
did in the presence of these whose names aie
under- written, dedare as foHovs, That the
said Jane Lodeman was in the Tower so fW*
day morning, the 19th of July last, and ataad^
ing almost oyer-against the late ear) of Eoo^
lodging-window, she saw a hand cast oal a
razor out of my ford's window, andiminedi*'
ately upon that she heard shridis ; and ^
there was a soldier by my lord's door, wbidi
ftnfiA out to those within the house, thit
somebody should came and take up a raxor,
which was thrown out of the window, wbere-
upon there came a maid with a white be^
out of the liouse, but who took up the nior
she cannot tell.'
X. C. /. Here it is said 'the soMier eiied
out,' but now S(he says, the soldier she does asf
know was there, and she heard nobody speek
to the maid.
Braddon. With submission, my lord, I de^
sire to tak her this' question.
X. C. J. Pr'ythee ask her what thou wilt
We hear what she says. ^
Braddon^ Did you hear the sokiier ery
out, or did you not? — Lodeman. No, f did att
Braddon. Did not you say, yen heard tin
cry out?
SoL Gen. My lord, we cannot admit Mr.
Braddon should ask snch questions, they are
leading questions. Ask her a general questioa,
and you shall have an answer, but yoa M
not give her words to swear to.
X. C. /. No, upon my word, you have gitea
her too many words to swear to already.
Braddmt. My lord, 1 only writ what sfce
declared.
SoL Gen. Were you carried by Mr. Bnrf-
den before any magistrate, or any justice of
peace? — Lodeman. No.
Sol. Gen. Did be Uke the examinatioD him-
self?— 'XcM^eimin. Yes.
Att. Gen. Did not he desire you to go be-
fore a justice of peace to be sworn ?
Lodeman. No, Sir.
SoL Gen. Did be write it himself?
Ait. Gen. ;Ay, he writ it, and took it, »m
this woman that is coming here, i:r a witness
to it.
X. C. J. What is this woman's name?
Braddon. This is the annt, MargaipetSifflUi.
[Who was sworti.J
X. C. /. Well, what say you to her ?
Braddon. I desire to know, what this gW
said to you, when she returned from the Ttwfff
the 13th of July ? .
Mrs. Smith. She said to that effect tfiatdii
i^[)eaks now.
Braddon. What was that? T^H the coari
Mrs. Smith. I chid her,- because she m
been playing : That is all I can. say.
Just. Wiihins. Did slie tell you, the soWier
cried out for scnnebody to come and take op
the razor ?
Mrs. Smith. I cannot say that
Justi Within*. Did she say, she saw art»»
thrown out of my lord of Essert windwrr
11S6] SVaTE trials, 36 Chablbs II. l684.-»>r a MtsdemedMr. [i IS($
Braddon. Swear Williain Gtasbrooke,
[Which was done.]
X. C. J. Well, what do Jou ask him ?
Mr. Freke, My lord, we desire to know of
him, whether he was by on the 13th of Jnly,
when the girl gave this report ?
GUubrooke, 1 was up two pair of stairs
when she came in.
X. C. J. What is your name, Sir?
Glasbrooke. William Glasbrooke.
CI. ofCr. Ay, here is his Infbrmatkm, among
those that were taken about Braddon.
Glasbrooke. She came in to her aunt, thai
went out iustnow before me, and 1 heard her
very loud with her aunt, ^yine, the earl of
Essex had cut his throat in the Tower. H«r
aunt chid her upon it; and her annt chiding
her, she said, she was sure it was true ; for she
saw a bloody razor, with a bloody hand, thrown
ont of the window.
Mr. Freke. Was this the day of my lord
Essex's death?
Glasbrooke. It was the day the king was itt
the Tower, and, as was reported, the day hm
was killed. ^
Braddon. Were you present when I fini
discoursed the girl f-^Gfasbrooke^ Yes.
Braddon. Had you e?er seen me before, cr
no? — Glasbrooke, No.
X. C. J. Did she say, my lord of Essex cot
histhroat at that time?— G7a<6rooA«. Yes.
X. C. J. Are you a witness to this paper?
Did you set your hand to this paper?
Glasbrooke. To the paper Mr. Braddon writ, '
I did : I am a ii^ituess to that
X. C. J. Then read his Information.
CI. (f Cr. [Reads]. ' »Ir. WUlitia
Glasbrooke does declare. That one Jane
Lodeman, aged about thirteen years, inhabit-
ing in the same house where he, the said Wil-
liam Glasbrooke, lodged, did on Friday the
13th of July last past, between ten and eleyea
in the morning, in the presence and hearing
of him, the said William Glasbrooke, declare
to her aunt. That the earl of Essex bad cat
his Aroat ; upon which her aunt waa Teij
Mrs. AaiiM. She said, she saw a ra2Qr
thrown out of a window : I cannot tell whether
A^ said ont of my lord of Essex's window.
Mr. Freke, Did you set your hand to that
x#. C. J. Were yon a witness to that paper ?
Mrs. Smith. Tnere were others heara what
tile girl said, as well as I.
L. C. J. Who desired you to sign it
Mr. Freke. Who writ that paper, mistren ?
Mrs. Smith. Pray excuse me. Sir, I do not
know.
Mr. Freke. Did yon see it writ?
Mra. Smith. No.
X. C. J. No: It was one got ready drawn
by Mr. Braddon.
Jost HoUomay. Pray let the boy's informa*-
tMHi be read agam, ibr I observe there is a dif-
ftrence; she says, the razor fett within the
pales ; tfie boy says, it fell without
X. C. J. Ay, ay, the one says it was the in-
side ; die other the outside of the pales.
Then the Information was read.
X. C. J. Go on now and ask your questions.
Braddon. Did the girl say, that after the
razor was thrown out, the soldier cried to
somebody to take it up?
Mrs. South. Sir, 1 can say no more than
wiMitlfaaTesaid.
Braddon* Did she, or did she not ?
Mrs.'iSnitM. Pray, Sir, excuse me ; I have
spoken what I know.
Att. Gen. You may see how he has managed
tbb matter, my lord, by his urging the wit-
nesses with questkms they know nothhig of.
X. C /. Yes, yes, we see he would fain
pat words into their mouths.
Ait. Gen. Mistress, Did yon send to Mr.
Braddon, to inform him of what the girl had
said? or did he come to you ?
Mrs. Smith. Sir, I nerer saw him before in
my days.
Att. Gen. He came first to yon then ?
Mis. &mth. Yes : he hearing of it, came as
a stranger to me.
Braddon. Did I, directly, or indireetiy, offer
yon, or year niece, any thinff ?
Mrs. Sndth. No, never in mis world.
Braddon. Did I ever desire b^, or you, to
say any thing but what was true ?
Mrs. Smith. No, Sir ; you ever encouraged
tiM girl to npeak troth; and bid her speak no-
tbiw bat what was truth. '
jRt. Gen. Yoa need not pay dear for a lie ;
von are like to pay dear enongh before you
Dare done.
Braddon. Mj lord, as to personal know-
ledge, I am as much a stranger to this matter,
as any body here; and in all my concern
in it, I haye done nothing but what was rerj
L. C /. Mind your defence, Mr. Braddon,
and leaye commending, yourself; or, if you
Drill, rather commend yourself by yonr actions,
Ihmn your- expressions; one good action is
worth twenty good expressions. •«
VOL. IX.
ngry with her; whereopon she,f]ie said
giriv did declare. That she was sure'Of it: for
she saw him throw the razor out of the win**
dow ; and that the rasor was Moody ; anA
that she heard two groans m shrieks (whiek
of the two words she used, he the said Wil<»
Ham Glasbrooke, is not certain:) OftUi,|hv
the said Williim Gbuibrooke, is rsady toimim
oath.'
X. C. J. Now my lord of Essex cot 1ms own
tiiroat, and after threw the razor oat of the win-
dow.
Glasbrooke. Tis what the girl did declare.
Ait. Gen. Does not this-girl usually Idl
lies?
GUiibrooke. I haye before that time taken
her in a lie.
Att. Gen. Did yoa acquaint Mr. Braddon
with that ?
Glasbrooke. I cannot tell that I did.
Att. Gen. Do yoa remember thalyna toM
4 G
1187} STATE TRIALS* 36 Charlbs n. ififti.— TrM/o/£rMUMi«wrj;pcfe,[lUt
L. C. /. Did she id so many wsrdi isy,
That it WM the earl of Essex's lo4giags?
Mi. Gen, Your fordship sees, they ([ireoBi
evidence, and she another.
Smith. I cannot say whether she did in n
many words say so, or no ; hut she said, tkat
she saw a band toss out a rasor, and ekherdie
hand was blood v, or the razor, audit mi
where my lord of Essex's lodginffs wu.
X. C. J. Bat did she name myloid of £00*1
lodgiiurs ?— j^eiiM. Yes^shedid.
Z. C. J, Wen, what else did she say ? Tdl
US all she said.
Smith. 8he said, there was a man stfioA be-
low, and she beard two shneks, and the mu
did say, here is a razor ; and a woman came
out, or one in wonoan's dotbes, with vUie
head clothes. Mr. Braddon asked if she age
any body take it up, and she said, no; hut the
heard a man say here is the razoiy andsbe aiw
a woman come out.
L. C. J. You are sure that ia aM yonheaid
hersay ?--5mt7A. I think so.
JL C. J. ReeoMect yonnetf, pray, good Ml
Smiih. ,
Smith, I do not know that I kevd aay tUvg
else.
L. C. J. Pray read his lofcrmatioa.
CL qfCr. Here is William Smith subscribed.
Smith. Mr. Braddon writ down what ihfifpA
said, and we did read it over all, and then id
our hands to it.
X. C. J. Well, Sir, read die laimiliia
then.
Mr. Braddon^ That she was a girl that told
truth?
Gloibrooke No, I nerer did that; for I was
always of another persuasion about ber.
SoL Gen, He neTer was of that temper, to
praise her ; he was always of a contrary per-
suasion.*
^ L. C. J. 1 will assure him, that I am of
his opinion too : I do believe that she is a
iyin^^ girl, and hath told us a company of lies
now.
Braddon. These two children told me, they
ne?er saw one another till they were examined
at tlie Council.
L. C. J, Well, well ; Go on with your wit-
nesses.
Braddon. Where is William Smith ? [Who
appeared and was sworn.] I desire to know of
you, Mr. Smith, what you heard the girl say,
when I was there ?
Smith, I heard the girl tell us. That slie saw
a' hand cast out a razor, and either the hand was
bloody, or the razor, I cannot tell which ; but
f/he said ft was out of the window, where she
said tb6 earl of Essex lodged.
L, C. J. Did she say the earl of Essex did
it himself ?
Smith, She said she saw an hand cast out a
razor.
L. C. J, Did she tell you, it was the earl of
Essex's lodging window.
Smith. She said it was that lod^g.
L. C, J, Ay, but she says now she does' not
know it to be nis lodging.
Braddon. My lord, she said she was told it
was his lodging.
^ L. C. J: But y<m hare made her to say po-
sftively, it was uis lodging, and that he llirew
out the razor.
SoL Gen. Pray, Sir, where did j'ou first
hear this report ot this ffirl ^
Smith. There at the house where she was.
Sol. Gen, Were you alone when you went
to the girl the first time ?
Smith. No, I went with Mr. Braddon.
Sol. Gen. Did you hear any thing of it be-
fore ? What did induce you to go along with
Mr. Braddon ? What were the arguments
that prevailed with you to go with him?
Smith. I did not know where he was going ;
Mr. Braddon called me at the shop, as I stood
at the door, and asked me if I was busy, or
would go with him ? So I went with him to
the tavetn.
Sol, Gen. You nerer heard one word before
of the girl's report.
Smith. No« 1 did not.
L, C. J. What else did the girl tell you ?
Smith, I cannot s<^ what else sne said.
This I remember that I have told you.
L. C' J' Did she name the earl of Essex's
lofleings ?
Smith. I am sure she said the lodging where
the carl of Essex lay.
L. C. J. Did she name the earl of Essex?
Smith, She did name the aarl of Essex's
lodgiiigs.
CL of Cr. reaik the lafoinuiftion aabeCoK—
> L. C. J, You near what 3[o« have iifliiiJ
in this paper, that the girl said ; you ba? e kr-
got in your evidence now thvlongbaoMi
about the sdldier.
Smith, My lord, I have told all I didi«M»
ber.
L, C. J. Why, you have set yo«r haadliiL
Smith, I did r«ui it over, and it was Mlbiif
but what the girl said, I am 8ip?eu
L, C, J. Wnere do you live?
Smith, In Throgmorton street
L. C, J. What trade ?-^iSbii<ik. Ahuber.
L. C, J. A notable shaver, uponnyiraii
a special fdlow, I'D waixaot him !
jBra<2(2(m. Call Mrs. Mewx. [Whoajfeircd
and was sworn.] Pray what day was it >m
went fi^m London to Berkshire ?
Mrs. Meux, The day before my lord Boisd
was tried.
Braddon, What expressioa did- yon b«r
fi-om a gentleman in the coach?
L. C. J, We must not suffer such a^pMrtMi
to be asked, that is not evidence.
Braddon. My knd, I ask the qttaitioiiio|^
neral terms, wlnt she heard sock a day ?
X, C. J, Does she knaw any iijiogd^
own knowledge ?
Braddon, She can tdl what «lMhcard,B7
lonl.
X. C. J. 'TIS no evidence.
Braddon. Will your lordship plwe labMi
what she sigrs ? -
1189] * STATE TRIALS, 36 Ch ARLBS It. 1684.— /or a Misdemeanor. [ 1 1 90
L, C. J. No, I will not hear wha^ I should
not hear ; let her speak what she knows.
Bruddon, She knows this, that a woman told
her
L, C. J. Ask your counsel, whether that be
evidence. If you will not be satisfied with
what I say, ask them?
Mr. Wallop. She proves a report.
X. C. /. 1 ask it of yon, air. Wallop ; Is
what another said to her, evidence in this case ?
Ulr. Wallop. My lord, if really there was
such a report
L. C. J. Is that evidence?
Mr. Wdilop, Tis evidence there was such a
talk, and that is evidenoeof the probability of
the thing. >
L. C J. m leave it to yourself, if you as
a lawyer say it is evidence, we will hear it, be-
cause you say so ; but 1 believe you, nor no
body else will ofler to say any such tbing't
fSr. Wallop.' My lord, we lay it before the
court, as part of the ground upon which we
went, in our being concerned in this business.
L. C. /. lathatajustiiication of Mr. Brad>
donf
Mr. Wallop, Upoa these probalnlities he en-
p^aged in this matter, and to prove this report,
he brings this gentlewoman to tell what she
heard.
L, C. /. Why, is 'what the^ woman told her,
evidence; she reported a report to me, can
that be evidence ?
Mr. Wallop. . My lord, with submission, we
think it justifies Mr. firaddon, that he went
upon these grounds.
X. C. /. Where is the woman that told her?
TFhy is not she brought ?
Mr. Wallop, They say, she is so big with
vhlM she can*t come.
X. C J, Why, if that woman were here
berself, if she did say it, and would not swear
it, we could not hear her ; how then can her
saying be an evidence betbre us ? I wonder to
hear any man that wears a gown, to make a
doubt of it.
Braddon, I desire Jeremy Burgis may be
Cilled. [Who appeared and was sworn.]
Mr. Wallop, What can you say about the
report in tlie country ?
BurgiM. I was at Frome about my business
<m a Friday
L. C. J. Why, gentlemen, what are yre doing
all this time? Do you think we sit here for no-
thing ? Is not this the first time that a report
was given as evidence in Westminster-hall ?
Mr. Freke. My lord, we are necessitated to
XUie this sort of evidence.
X. C. J. I tell you, Sir, it is no evidence, be
necessitated what you will.
Mr. Freke. My lord, they have produced
Chis man^s letter that was taken about Mr.
Braddon, that is produced in evidence against
him : Now this man comes to giv« an account
how he came to write that letter.
X. C. J. But he shall not give an account
hy a report in the cjuntcy.
Burgis. It was written to the landBord of
tife house where I quartered, that he might
give notice to Mr. Braddon of a discourse iTiat
passed in his house that Friday, of a report
that was there concerning the earl of Essex'n
murdering himself.
Atl. Gen. Had the master of the house told
you any such thing ?
Burgis. No, he had not told me so ; but I
heard it in the house*.
X. C. J. Of whom did you hear it ? who
told you so ? ^
Burgis. Sir, I was a stranger there.
X. C. J. They can never tell any of tliem,
who it was first reported it, nor particularly
who told it them ; but it was reported by some
body, we don't know who.
Beech: Under favour, my lord, I rode di-
rectly to the postmaster at Frome, whither
this fetter was directed, and by the way, tberie
is a remark in the letter of an alteration of the
figure, . it is interlined the IStli ; it was not so
before, to hit the day exactly of the murder of
the earl of Essex ; and when I came thither,
the pNOStmaster told me, there was no such re-
port in his house, nor in the whole town at thdt
time.
X. C. J. I desire to know, upon your oath, .
who toM you that report ?
Beech, Sir, I do not know ; I was a stranger
there.
X. C. J. Was It a man or a woman ?
Burgis. Re did not tell his discourse, to me.
X. C. /. But thou could'st guess by the ha-
bit, whether it was a man or a woman? .
Burgis. It was a man.
X. C. J. Who did he tell it to ? ^
Burgis. The eompany in the house.
An. Oen. Pray, let him tell how Mr. BnuU
don came to speak to him about it?
X. C. J. Shew him that letter. Look upon
it, friend ; Is that your hand ?
Burgis, Yes, it is.
X. C. J. When did you put that figure of
13 in ? There was another figure before, and
tKat is blotted out.
Burgis. It was a mistake in me, 1 mistook
the day, and I corrected it.
X. C J. When did you correct it-? idlov
soon didyou correet it?— Burgts. Presently.
X. C. J. What day had you put ki first ?
Burgis. The 6th day.
X. .C. X Ay, but that was not the right day,
man.
Burgis. It was a great while after, and I did
not expect to be brought in questioii^ for any
such thing.
X. C. X How long aAer ?
Burgis. Six weeks.
X. C. X How earnest thou to recollect, to
make it from the 6th to the 13th, six v^rjseks
atter?
Buirgis. Mr. Braddon was there when I hiii
writ it.
X. C. X And he corrected it, did he?
Burgis. He said, that thai was not the day
of my lord's death.
X. C. X You had written it the 6th, and he
put you in mind of the 13th ?— Btirgii. Yes.
1191] STATE TRIALS, 36 Charles IL 1684.— TrM «^ JBf«AiMiMuIS/eb, [i]3i
An, Gen, And he was to be the meflsenger
that carried the letter himself P
Burgis, Yes, he was.
SoL Gen. That is ?ery well. I suppose,
Sntlemen, you hear what he says, he says,
r. Braddon was there, and told him that was
not the day. .
X. C. J. Ajr, Mr. Braddon said, You have
mistaken the time, that will not do it, it must
be the iSth.
Att. Gen. Pray let me know one thing,
who recommended Braddon to you ?
JBttrru. Indeed I can't tell.
X. C. J. Who did be say he came to you
from ? Tell the truth, upon your oath.
BurgU^ Sir, I was at work at my business,
•ad knew nothing of his coming.
X. C. J.' What trade art thou ?
l^uruii, Apinmako*.
X. C. /. Where do you Hra f
Burei$. At Marlborouffh.
X. C. J. How came Mr. Braddon and you
aoouainted f
JSitrgii. Sir, I will tell you ; I was at work
at my trade, and there came down a gentleman
that lives m our town to me, and asked me*—
X. C. /. What is that gentleman's name?
Burgit. Mr. Butcher. '
X. C. X What is that Butcher ?
BurgU. \ gentleman that Ures in Marlbo-
rough, a grazier by trade. He came and' told
me, there was a gentleman came from London,
about the business now in dispute —
X. C. J. Prithee, what was spoke of? y
Burgis, It was concerning the earl or
Essex's 'death. And he desired me to speak
what I heard at such a time.
X. C. J. Who had yon told what you heard
first to ? You must have told it to somebody ;
who didjou tell it to first? '
BurgU, Indeed I can't directly say who I
did tell it to.
X. C. X Had you told that gentleman of
your town, Butcher, as you call him ?
^urjtis. No, not that I know of.
X. €. X Well, when he came to you/ what
then?
Burgis, He desired me to go to Mr. Brad-
don to the White Hart. And so I went up to
the White Hart ; and when I came to Mr.
Braddon, I told him what I bad heard at Frome.
X. CX And what then?
* Burffis. Then Mr. Braddon asked me the
same night, whether 1 would go down widi him
to Frome, and I oould not; so then he desired
me to write a letter to recommend him to the
bouse where I had heard it.
Sol.Gen. Andyou did write that letter ?
Burgis, Yes, i did so.
Att. Gen. Yourlordahipohaerres, this bouse
was the post-house, to be sure, to have it
spread in public places.
Sol. Gen. Did you tdl Botcher of your
knowledge, before lie carried yoa to Braddon f
Bttrgis. Yes, Sir, I did.
SoL Gen. When?
Burgis. Then, at tliM tiM«.
Sd. Gen. Did he ask you of ymu kanr.
ledge, or did you tell him voluntarily ?
Burgis. He asked me if I mnemberedanjr
such tmng as I had spoken.
Sol. Gen. Why, had you ^e of it Mr?
Burgit. Yes, I had.
Sol. Gen. Ji'id he tell you upon whoie »>
commendation be came to you ?
Burgis. I do not know upon whoie rcobi-
mendation he came. •
L.C.J' When you writ this* letter, did be
dictate it to you, or did you write itof youndf?
Burgis. 1 writ it of mya^. ,
X. C. J. Did be teU yoa what you dmdd
write?
. Burgis, I shewed him what I had wiittai.
X. C. X And wlien you writ it, of yoondf
you put in the 6th day?
Burgis. Yes, I did so.
X. v. J. What he did say then ?
BurgU. Mr. Braddon skid, it was the ISth
day.
5b/. Gen. Why did yon shew Braddooyoo
letter atUr you had written it?
Burgis. He came to my bouse before I hid
sealed it.
X. C. X But why did you shew him tbe
letter?
Burgis. He desired a letter to reconunend
him to that man at whose house I heard it
SoL Gen. What was he to be recommended
to him for ?
Burgis. It was to desire bim to inquire, wiio
brought the news first to town.
Sol. Gen. You say, he desired a letter rf
recommendation ?
Burgis. Yes, it was to recommend him to
that roan.
SoL Gen. That you may not be in a mislike,
pray recollect yourself; for there is not one
word of recommendation in the letter. Tcfl
the true reason, why yoa shewed him the
letter ?
Burgis. I can't tell any other, but only he
came before I had sealed iL
SoL Gen. Did he desire to see it ?
Burgis. No, but the letter lay writ open the
table.
SoL Gen. Was the master of the post-booR
at Frome present, when that report you tdk of
was made r
Burgis. I cannot rightly say, whether he
was or no.
X. C. J. How comest thou to put it in tbu:
This bears date a pretty while ago, Bhifto-
roogb, Aug. 31, and that was a good dietuoe
of nme from that report that thou talkest of:
How comest thou then to say, These sre to d^
sire you to call to mind. That I was at Frome
such a time, and heard such a rep<Nt : If he
was not then, why should he call to ibiod?
What didst thou mean by that calling to mind?
Burgis. I would have had him cslled to
mind my being at his house at that time.
X. C. X But if he was not there, whT didit
thoa ask bim to call to mind that report?
Burgis. He might bear of it firom ««*
1 195] STATE TRIALS, 36 CRAm^ss IL l6M.--fvr a Miidemeanar. [i 194
bered the true time ; foryou eame from Fiwnc
to Mariborough on the Saturday night, and
then you beard there the cari of £8sez had col
bia throat the day before; and when they totd
you so, you cried out, how can that beP It
must be done before; for yesterday I heard of
it at Frome Before five of the clock.
Just. Wiihins. Did not MnBraddon himself
t^ you, you had mistaken the day ?
Braddan. Sir, it was from this, he told thia
whole stor]^ that I just now npeafted, that the
Saturday night he was told, that the earl had
cut his fiirwt, and replied to them, that he had
heard at Froine, the day before, that he was
murder^, and then I said, that must be tht
lath.
X. C. J. How came you to tell that man,
you had a letter from Burgps?
Braddon, No, my lord, I did not tell him
any such thinr. *
L. C. J. Mr. Beech^ did not he teB you he
had a letter from Burgu ?
Beech, He told me he came down upon the
information of this Burgis.
L, C. J. And he swears he ne?er saw hiiA
before, nor never writ to him.
iBraddon. You ask me, whether I had le*
ceived any letter from this Burgis. I told yoa
I had a letter of recommendation to Mr.
Butcher, thinking he had been die person that
had reported it, and Mr. Butcher went to tfib
person and brought him to me, and he told me
what he heard.
Beech, I nerer heard of the name of Butdicr
'till now he mentioned it.
Braddcn. My lord, I will call no move wit-
nesses.
Att. Gen, Your lordship and the jury ob-
serve, I suppose, liis confident behaFiour.
L, C. J. Ay, He IB no more concerned at
it, than if he had be^n doing the most justifiable
thinff in the world.
w. Thompion, My lord, I hare but one
word to add on the behalf of Mr. l^ke,who is
likewise joined in this information. Trulyy
Mr. Speke is a young gentleman of some
qualitv, his &ther is of very good quality. Mr*
Braddon was of. his acauaintanoe, and bein^
his acquaintance, and thus concerned, as you
have heard in the prosecution of this business ;
he hearing of these reports, and resolving te
go down into the country about it, desired Mr.
Speke to lend him his mao ^d his saddle,' for
he was going into the country. Mr. Speke in-
quires what his business was, whereupon he
told him it was to ioquire about some persons
that had reported something relating to the earl
of Essex's death. And being to go into the
country where Mr. Speke, who was that coun-
try-man, had some acquaintance, upon this he
desires him to write him a letter, to recommend
him to some persons of credit. He did write that
letter, but was never concerned in this business,
either before or ai'ter, and this is the whole of
the case, as to this Mr. Speke.
. Mr. Soeke, My lord, I desire I may speak
one wora for my setf.
otfier at thot time, though he might not hear
it in that company where I was.
Sol, Gen, There is a riddle in it, if we could
but solve it.
L> C. J. No, no, Mr. Solicitor, the riddle is
unfolded ; it is a plain contrivance.
Ati, Gen. Pray, from whom did he tell you
he was recommended ?
Mr. Recorder, How came you to talk so to
e stranger, Sir, whom you never aee before,
about such a business ?
Burgis, He was recommended to me by Mr.
Butcher, as I told you, who carried me to him.
Att, Gen, 9ut who, as Braddon, or Butcheir
told you, did recommend him fint to come
dosm thither to you?
JLC, J, Upon your oath, Sir, who did But-
cher tell you he came fit>m ?
Burgis, I have forgotten. Sir; I do not re-
merabo*.
Mr. Recorder. Was it not a non-oonformist
t»arson, Sir, up6n your oath ?
Burgis, Sir, I cannot remember.
Att,<Gen, Mr. Beech, do you know any
particular person that Braddon said he came
recommenaed from P
Beech, I can tell what account Braddon gave
of his journey himself: He said, he had a let-
ter that came particularly from this man to
London, to bring him down into the west:
8aid I, when came you out of London ? I
came on Thursday, said he : Where did you
lodge a Thursday night? At Ockingham.
Sliid 1, That is not your way to Marlborough :
Where £d you lie the niext night ? He tdd me,
at one Yenable's; and the next night at
Cbfclisbui^, I think.
X. C. J. I>id Braddon tell you he had a
letter firom that man ?
Beech, He said a letter from that num
brought him down into the West.
L, C, J, Burgis; Did you send him ever a
letter ? — Burgis. No, I did not.
Beech. He said he came down purposely
upon this report.
Att, Gen. What said the postmaster to you,
Mr. Beech ?
Beech, if yon please to give me leave to
speak, I will tell you : I did desire, that Mr.
Braddon might hare no pen and ink, and pre-
seotly I rid away to Frome, to this postmas-
ter's nouse, and spake with the postmaster, and
all his fomily : We then examined them all,
and there was no such report in that town until
the Sunday after.
Sol, Gen, He was persuaded, sure, all peo-
ple would say just as he would have them.
Mr. l%ong)son, Wefl, Mr. Braddon, who do
you call next ?
Sol. Gen, Nay, I desire this man may go
on : for methinks he mends every step he, goes.
Braddon, Mr. Burgis, do you remember iiow
it was that you came to recollect yourself and
to know it was the iSth, and not me 6th r
L,C.J, He says, you told him.
Braddon. Pray, Sir, remember' yburaelf,
whether you did not say yourself yoaremem-
1195] STATE TRIALS^ 36 Cha&lbs 11. iS^k.-^Tfitd ^ Braddan tmiSpeke, [1196
L, C. J. Ay, say wbnt yon will.
Mr. Speke. My lord, one day, some time
After Mr. Braddon bad eoocemed himself ia
tbi« thing, 1 met him casually and acetdentally,
aiid he was telfoig me somewhat of tl|e matter.
And after this, one night as I was going to
bed, between 10 and 11. at night, somebody
knooked hard at my door. My man went to
the door, and opened the door, and Mr. Brad-
don comes in, and tells me, he desired the'fa-
▼our of me, that I would lend him my man, and
lend him my saddle. He being my acouaint-
ance, and I knowing him, 1 was willing to
do him that kindness ; and asking him, whither
be went? He told me he was-^ing down to
Marlborough, and he told me he bad beard that
my lord or Essex's death was discoursed of
there in the country that day it was done ; be-
«des other things of a boy and of a girl, that
could proTe such and such things. Said
I, This is a thing of great concernment, and
I would have you tale good advice in it, be-
fare yoa proceed, because (Uherwise it may be
a reflection upon the government ; therefore,
said I, I would not have you proceed to concern
yourself further in this thing, but take the ad-
Tioe and judgment of some prudent and discreet
personior other, that you may do nothing but
what is according to law. 1 was never at all
ooncomed, nor knew anything of the husi-
Bess but what I heard Irom Mr. Braddon at
first. And before he came into my chamber,
I knew nothing of his coming; and I writ
this letter, because he should not oonoem him-
self without the advice of some person that I
thought was able to advise him, tnat he might
do nothing that might bring him within the
danger of the law, or reflect upon the gorem-
ment.
Just. Hollawtty. And you advised him to go
by the name of Johnson, not Braddon.
Speke, It was late at niffht, and I had
been at the tavern drinking a^otlle of wine or
two with a friend, and might not so well con-
sider what I did write.
L. C. J. But, Mr. Speke, You hear what
you writ, *<Werow against stream, and we
thank you for the ooontenance you hare given
to us. And here is a worthy gentleman, Mr.
Bfaddon, who is a yery proper man for the de-
sigii be has m hand, and none betti^ than he,
and when you afewith him, you may discourse
freely ; and he is a true man, and a stout man,
and fit to be trusted ; but he must not go by
the name of Braddon but of Johnson.**
Speke, My lord, the reason was, because
he was not persooAlly known to sir Robert
Atkyns ; and for Inm to go ()own directly, and
to have it reported, one of such a name came
lo air Robert Atkjns, who was a man that had
retired himself into the country' from all pub-
lic concern, I thoi^ht not so well.
Z. C. /. Vilty md you trouble him, if he was
m retired ?
Speke, I had particular concerns of my
«WB^ that sir Robert Atkyns was pleased to
ooDoero himaelf for me, and I Jmeir fahn a
/
pradent man, that would advise bim notluQ^
but accordiotf to law.
L. C. J, You shoflfd not hare distoiM bim
in his privacies, Mr. Speke.
Speke. My Jord, 1 never was* any ofter
way concerned, I knew nothing of the matter.
L, C. J. You had done well if you had ml
concerned yourself about it at all.
Sol. Gen. ** Most here do fear," yon nv,
« that he 'will be eidier stabbed or knocked on
the head," and therefore you lent him yoor
man to^uard him I suppose.
8p€ke. He desiredf me to 'lend him m
man, because he did not know the way so well
nimselt.
Sol, Gen. But why vras there sneh ftar
about him P
Speke, I know nothing at all of the matter,
hot what I had from Mr. Braddon. ■
X. C: J. Ay, we live in such a stabbiDg age,
that such an extraordinary gentlemao as Mr.
Braddon , that is such an extraordinary goodlVo*
testant, can't walk the streets for fear of beJn;
murdered.
Speke, My lord, I writ it such a time of Ae
night, after I had been at the tavern, that I
know not well what I writ.
Just. WitheM. Mr. Spcka, Yon see what a
sort of a man he is, upon the evidence that ludi
been given.
Speke, Truly, my lord, I never knew aaj
thing, but what I had from him.
Sol, Gen, But to make the country b^c^
that there were such endeavours here to stilh
any thing that might give light into the murder
of the earl of Essex, there must be great cao-
tion used to conceal his name.
L, C. /. Yes, being such a virtuous man, ai
Mr. Braddon, there \\ as great need of all circom-
spection and care to preserve him : Why did
not he get his life-guard to keep him Aoa
the danger that was thought so near him.^
Sol. Gen. They had not raised them as yet,
but he was contented at present widi Mr.
Speke's man.
Speke. My lord, I am wholly innocent ia aQ
this inatter.
L, C. J, Would to Ood you were hmoccDt
Yon are a man of quality, Mr. Speke, f koow;
I should be glad yon were innocent with all my
heart. But when men forget their stodiea m
their own business, and take upon them die
politics without being called to it, tfaid puts
them into frenzies, ^d then they take all op-
portunities of shewing themselves men of zeal.
Att. Gen, We need but read the kUer
which Mr. Speke has owned, and you will say
it is ten times worse than what Mr. Braddon m
done.
X. €. J. Nay, I will not have Mr. Biaddaa
topped upon for all that, I assure yon.
Att, Gei^. Mv lord, if you read it once again,
yon will find, mat he therem owns it all, and
pins tlie basket upon hhnself.
L, C, J. Indeed, Mr. Attorney, I will art
have such a reflection put upon Mr. BradAui
Hud any man should be a gnester ador in dM
busioesathanfae.
1197] STATE TRIAI£, 3«CVMtli II. iSu.-^fer a Mttdemionm^. [iig»
Speke, My lord, I writ U«t night aAir a
bottl« of wine, aoU other people may be nis-
laken as well as I.
X. C. J. If some of these geatlsnieii, that
BAwand then think themsehres better*headed
than othors, and that are so eztraordtnarily
concerned to preserrf our rdigion, but are
ffenerally much Doistaken, were, and I observe
their nustakes are always on the wrong side ;
I wish y^ou could have gone and recoUocled
yourseli next morning, Mr. Speke, and then
the mistake had been more pannoable.
Speke, I writ nothing as to matter of fbct,
but what he told me, and I could hardly re-
collect it next morning, when he was gone
away.
Mr. Biteorder, My lord, we shall prove he
has bragged, that is, fSfr. Braddon, That he was
tbe only inventor of the Protestant Flails, an
instrument you have heard of, gentlemen, and
for what us& designed.
Xn C. J. BmL, brother .Jenner, that is nothing
to tbe purpose now, what he was before this
business, or what he was after. You are, gen-
tlemen, to try him upoa this indictment only,
and are not to mind any other thing at all.
Tlien Mr. Speke's Letter was read again.
Att. Gen, Yon see gentlemen, in what
strain it runs, ^ we' and * we' ; be nuifces him-
self a considerable party in the design.
X. C Jw Ay, ' we' tbank yon ftr your kind-
ntes towards * us,* and * we' hope to bring on
the trial of the earl of Essex, beJhre they can
any of those in the Tower.
. i^ke. He told me, sir Henry Capell «ud it
was a thing too ^eat for him to meddle with.
And I knew nothing,^ but what I had from him.
X. C. J. He was a man of integrity, and
could tell you nothing but what was true, Mr.
Speke.
Mr. WelUf, My loid, All I can say for Mr.
Speke,- is this* He did beMeve Mr. !6raddon's
grounds, as he told him, were probable to go
i^n, but he knew nothin|p himself, and con-
oemed himself no further. I hope tbe jnry
will consider of it, that there is no contrivance
pronred against him
though, to a disoeming eye there is enough
given from the evidence this day, to make it
appesu* to be a oiest malicKHis and scandalous
centvivanoe^ to hawk about ibr eveiy idle
rumour, to pick up children of such tender
years, and make them swear to liny thing to
serve a torn.
Ati. Gen, My lord we do not ciM these wit-
nesses, as if there were any doubt of it in the
world.
X. C. J. But we live in an age, when tmtii
passes for nothing in the world, and swearing
and fi>rBwearing is taken for a thing of course.
Had his zeal teen half so mvuh for truth a^ it
was for falshood, it had been a commendable
zeal. But when men are' so zealons and
fierce for such vile things as these are, it is
time, of my word, for tbe government to inter-
pose.
Att. Gen, It is not to satisfy the coort nor
theiary, who I believe are all of ihero already''
sufficiently satisfied, but it ist to satisfy the
world, that may have entertained some pre-
judices from this conspiracy. Call Mr.
Bomenev in. .
Sol. Gen. Not as if there were any doubt,
whether Mr. Braddop were t|^ malicious in-
ventor of this report at the beginning, and went
down into tbe country to spread it. The evi^
deoce has been Aill, and'by bis own manage-
ment of his defence, he has proved it himself^
and seems by hb confidence to justify it. But
we shall, to give the world some satisfaction^
call some that iFimited upon tbe earlin the Tower^
and others that saw him when dead, that will
give a confutation to any thing that could be
supposed, as if my Jord of Essex had not mur*
dered himself.
Then JBomAR^.was sworn*
X.'C. J. I>id you wait upon this unfortunate
gentleman, my lord of Essex ?
Bomeney. . Ycs, my lord.
X. C. X Well, what do you know of liis
death?
Bomeney. I went with him from Whitehidl,
and I stayed with him all the while he was in
the Tower.
X. C.J. Nay, Mr. Wallop, though we inter>« \ X. C.J, How came he by that unhappy
Dted von in makiDGr remftrlts nnon «rerv wtt- rend, pray ?
Bomeney. When we were at his lodging.
rupted you in makiog remarks npon every wit
i]ess,yetnow make what remarks npon what
bath been said, that you will.
Mr. Waliop. B#v lord, I shall leave it to
your lordship and the jury, hew for they think
tbedefondant ^oilty of this information.
Att. Gen. My lord, We have indeed given
as great an evidence as ever was given T think
of any olfouoe. Bat to clear up the matter,
that it was impossible for any man, unless the
roost maliciously and villainously inclined
against the government and peace of the king-
dom, that can be, to imagine such a thing,
much less spread such a report, we will call
you two or three witnesses to prove, that tbe
earl of Easex murdered himself.
X. C. J. It is necessary, Mr^ Attorney, I
think, for you so to do, to sadsfy the world,
my lord u^ to call for a penkntfo to cut his
nails of his hands and feet, and he then had
long nails, and said to me, give me your pen-
knire to cut my nails ; said I, my lord, I nave
none, I came in haste, but I will send to morrow
for one ; and theoefore I sent Our footman, one
William Turner; to whom I gave a little note
ibr provisions, and among other things which I
writ directions to the steward to send, there was
a Kttle line ; * Pray send a pen-knifo for my
' lord.' He brought some provisions, but he
did not brin^ a pen-knife on the Thursday, be •
cause he said he had none, but he woula send
one the morrow after ; I sent William Turner,
the morning afWr very early, and gave him
another little note for provisions ; and^ among
1199] STATE TRIALS, 56CttAEtES II. l6U.^1>id^BraidmMdSpdf€, [19M
«tbertfaiiinl wrilmUieMtey ^Donotfinget
* the peo-KDife for my fcNnd.' He went, ud
when he wae ki the wi^, my lord eent the
w«rder to aie, to oeH ne. I came to my lord,
and my locd uked> It the fbotmao oome r Haa
he broqffht the pen^-koife ? No, my lord, said
I, but rhope he will not itay long, beeauae I
■ant him' early. Then I was tanmig to oome
down from the chamber, and I aaw my lord
walking in the room, and pidcing of hia.naila
with the pen-knife —
X. C.J. How? With apen-knifeP
Bometuy, No, witfi the razor that I gaTe
him. For I went to my lord, and when my
lord aaked me if I had gotten him a pen-
knife, I said the footman was not come, but I
hoped it would come immediatdy, because I
aent lum early. And 1 was tummg from the
chaoaiber, thinking 1 had done with my lord,
«nd my lord caHed me again,., Hark yon,
Bomeney, said he, I can do it with one of your
mors. My lord, said I, I will fetch one, ao
I went into my doaet and fetched one. And I
went to n^ lord, and when he had.it, he did as
if he picked his nails with it, and was walking
in ibe chamber. I locked a little while npon
him, and turning out of the chamber into the
passage, where I talked with Um warder,
Russell his name was, and when I looked out of
the window, his majesty was in the Tower,
aad there was*a great bustle in the street; and
when 1 had talked a little while with the
warder, I went down into my.closet again, and
althesame timothat I was m my closet, there
came the footman, and one with him )hat
brought the prOTiskins, and he gare me-the'pen*
knife, and fawe nae a little note, that he had
braiwbt with diie provisions, which, he said,
Mr. KHingsly, that was our steward, bid me to
•hew that to my lord. . I took it, and went up
to shew it to my lord; I fimnd nobody in
my lord's chamber, there was a closet there, in
BoMtncu. luward, mto tiie foon.
L, C.f. And so his feet *bsiog egtisit it,
it oouM not easily be opebed.
Att. Gen. How big is the closet 7
Bomeney. A rery Bttle ckiset, 1 beliere bo
wider than that ; andnhe length of a mta, and
a ckMo-stool at the upper tad would fid it up.
My lord ky all along on his aide.
Jitt. Gen. Did you obserre your lord ns-
laneholy, Mr. Bomeney?
Bomeney. Y^ he was meieDdioly. Bd
we took no notice of it, for he was and to he
so, and we had no reason to snspectaoy tlmg
more than ordinary.
Att. Gen. Dki yon find the raaor?
Botneney. Yes, it lay by him.
Att. Gen. Whatbenuneoftenugor?
Bomenof. Thecoroner'sjury hadit
L.C.J.WM there any window io M
room, where the close stool waa F
Bomeney. Yes, there waa a window.
L. C. J. Waa there a caaement to diat
window?
Bomentu, Yes, I thrak there might
Just Witkent. Which way does that wiadwr
kK)k?
Bomeney. I cannot Tery well remenker,*/
knrd. ,
Just Withent. Whidi way do yon thiskF
Bomeney. I believe it is upon a yard.
£. C. /. He says he does not well kaMr.
But, Mr. Bomeney, you saw Mr. Rand &e
warder in the same fdaoe, as job osdk op
again, that you left him in when you wot
down?
Bememy. My kxd, I went down bote iittk
while.
Sol. Gen. Where did you find RoshI the
warder, when you came up again?
Bomen^. At the guard.
SoL Gen. IHd you find him in the sue
posture, when you went up again, thit yoo
wnich was a dose-stool, and that I found shut, I left him when you went down ?
and thinking my lord was there, I would not
disturb my lord, but came down again, and staid
a little w bile, in so much as I thought my Iwd by
that time might have been come out I went up
again, and found no body in the chamber, but the
cbset-door shut still, I went against the door,
and knocked three times, and said, My lord, my
lord, and nobody answerbd : then I looked
.through the chink of the door, between the
door and the wall, and I could see blood, and a
little part of the razor. Then I called to the
warder, and the people of the house, and they
came up and found him there.
Att, Gen. Ha4 you much ado to open the
door, or could you open die door easily f
Bomeney. No, the door could not Deepened
easily, I Iluow not bow they opened the door,
but I think Russel the warder, when he came
up, pushed at the door, but could not open it
yery far, because my lord's foot was against
the door, and so they had much ado to open
the door,
Att. Gen. Which way does the door open,
•at «f tharoom, or into the room?
2
Bomeney. Yes.
Sd. Gen. Did you hear of any body tint
went up else?
Booieney. No, my lord.
SoL Gen. Then we will caUMnRos^the
warder he speaks of. [Who was swoni.]
Ait. Gen. Pray will you give my tord as •^
count at that time where you were, and whit
was done?
Mr. BMuel. I was in the diamber, not op-
poaite against my lord's chamber, there is bat a
little step betwixt the doors, the stairs oome op
betwixt the two doors, too body could pi0
backwards or forwards but I must see tbas;
for I was then waiter at that time, and stood
upon die s'uard ; and my lord asked Mr. Bo-
meney, ^ethtfr the pen-knife was come ; tod
hetdd my lord, no. Then says he, ^^f^^
your razor, that will do it And my lord toos
the razor in his hand, and the door wai op«
and he ivent two or three turns in the room»
with thd razor so. This I saw, the <loorbein^
i^n, as I stood in the passage. My ^^M.
and by BDr. Bomeney goas down, and vy "V^
130 1] STATR TRIALS, 36 Charlbs If. l6S4.-/^ « Mi$dm$awr. [190f
shut the door to him, and Mr. Bomeney staid
below a little while, and aderwards comes
Qp agaiu. And my lord was gone, to the closet
to stool, as be supposed. 8o away he comes
down again, and staid about a quarter of an
hour,, or thereabouts. And this I see all my-
self, mv lord.
X. C. J, Had any person been there, from
Ibe time Bomeney went down, to the time he
came up a^n ?
RtisseL No, my lord, there was no body went
up or down all the time, but Bomeney. He
came up, and seeing my lord was not come out
o^ his closet (this I did stand and hear) so
be puis by the hanging, and looks in, and sees
Diy lord in his blooil, lying in the closet; end
he makes an oration, a great noise ; with that
my lord, as there was a warder abore, so there
was a soldier that stood at the door below*
And while he staid there, there could not any
one come in, nor near, but he must observe
them.
Sol. Gen. Prav, my lord, be pleased to ad(
Mr. Bomeney, how long he kved with my
lord?
L. C. J, How long had yon Uv^ with my
lord of Essex ? — Bomeney. Six years.
Just. Wit hens. You waited on him in hif
chamber, 1 suppose ?
Bomeney.
ckambre.
Yes, in the nature of fais vulet d^
Then Lloyd was sworn.
Mr. Recorder. Hark you, Uoyd, yon wer»
I stepped two or three steps, bearinfl^faim make J the sentinel. Give an account where y«H
such an oration, and I found the key was on ^ stood that day that my lord of Essex murdered
the outside of the door, and I opened the door, ' himself? — Lloyd, At my lord's door.
and saw him lie in his blood.
. X. C. J. Codd you open the door ^ith
RuiseL Y(», I could put it a little way open,
and there saw him.
L, C. /. But yon could not put it qnite
open?
. Rutsel. No, for his legs lay against the door.
L, C. X Was it a narrow closet?
Russel. Yes, a very narrow closet.
X. C. X In what posture did my lord lie?
Russel. He lay all. along on one nde.
X. C. X Where lay the raaor ?
, Russel. By him. But I did not take so
much notice of tl»e razor, for I was surprized
with the sight.
Just. HoUomay. Was there any window in
tiiedoset?
Russel. Yes, that looks into captain Haw-
ley's yard. And the window is quite north-
yvard.
> X. C. X Which way does that window
look?
RusaeL Quite the other way, into the back-
yard.
X. C X Then there is no way out, nor light,
nor casement out into the fore -yard?
. Russel. No, my lord, it is backward, and it
is paled in, only into the house there is a door.
Att. Gen.vfvA there any door out of the
street, that way ?
Russel. No, there is one door that goes* out
from the entrv to go into the yard.
X. C. J. Has any body else access to come
to the yard, but what must come through
Hnwley^s house ? — RusseL No, nobody.
. Sol. Gen. We will call ouitain Hawley him-
frif.
X. C. X Warder, do you remember there
was any coach that stood there?
Russel. No, there was no such thing.
. X. C» J. I ask you for this reason, because
here was a girl that spake of a coach, that
came through the house i suppose, and so
thiough the entry out of that door into the
^ard.
Jtt. Gen. Where is Lloyd the s^dier ? for,
VOL. IX,
Att. Gen. \^luch door ?
Lloyd. At my lord of Essex's door.
Att. Gen. Wefe you above stairs, or belo^
at the street door?
Lloyd. Below at the street door.
Just. Witkins* Did any body oonae into tiM
house that morning ?
Lloyd, Nobody came id, all the while I
stood therei that I knew of.
Just. Withins, Were you there at that timt
when my lord killed himself?
Lloyd. I was there when the noise ww
made of it above stairs.
X. GrJ. Did you ever see a coach there ?
Llcyd. Not to stand, at the door at all.
X. C. X Didst thou see ever a coach in cap*
tain Hawley 's badi-yard ? — Lloyd. No, no.
X. C, J. Why, could not the coach go
through the doer and the enti-y into the yard f
Sol. Gefu Had yod seen my lord of Essex
that morning?
Lloyd. Yes, he spake to me, and asked me
what o'clock it was ? ^
SoL Gen. Where was he ?
Lloyd. At the casement.
Sol, Gen. What did he sav to you T
Lloyd, He said, Centry, ^Vhat o'clock is itf
Att. Gen. Did you see him when my lord
Russell went by?
Lloyd. Yes, I saw him them.
Att. Gen. How long after was the- cry of
my lord's having killed himself?
Lloyd. 1 believe, not half an hour after.
A tt. Gen . Did any msud go out bf the house P
Lloyd. None at aU.
X C.J. What,nolina wbiishood?
Uoyd. No.
X. C. X Why, didst not thou call to the
maid to come and take up the razor, that waft
thrown out of the window of captain Hawley's
house?
Lloyd. There, was no razor at all throws
out, that I saw.
X. C. X Did not yon open the pales Avr her
to go in, and take up the i-azor ^-^LUyd. No.
X. C. X Was there any other soldier there
besides you ?-—X/a)r<'* No*
4 H
1
Ut>$] STAfB lltlAllS, S6 Charles IL l6Si.^1^iai &f ArttUim tmd ^, [ifti
X. C. J. Then you most be he that cried
out, or nobody P
Lioj^d. I saw no razors nor did not cry oat
to any body.
SoL Gen, Could you open the pales ? Is
there a door to the stt'eet'-aoe, out of the pales
ipio the yard?
Lloyd. It is no yard, but there is a door that
ill passthrowh that come to the ftouse.
SiU. Gen. Whatdse did my lord of Essex
•ay to you ?
Llcyd. He only e3ramined me, whato^dock
It was? That was all.
Jitt. Gen. My lord, >We hare here two
women, who were the only women that were in
the house, they will tell you what they saw.
L. C. J. Pray, gendemen, do not |niisspend
yonr time- unnecessarily, because 1 am to sit
this afternoon at London.
Att. Gen. My lord; We wiU then only call
captain Hawley. [Who was sworn.] ,
Sol. Gen. ^ray, Captain, teH what you know
of this matter?
Capt. Hawley. My lord, Alt the aocotmt 1
can give, is, that about four or fire o'clock in
the morning, I went to open the gates, that
being the usual hour to open the eates. And I
was atthegatethon when a warder came, and
told me, my lord of Essex had killed himself,
and that was between nine and ten o'clock.
When I came into tlie bouse, I went upistairs,
and ssiw nobody in the room, nor no blood ;
said I, to the warder, what, do you make a
fool of me? Here is nothing : says one of the
warders, look into the ck)Mt ; I went to the
oloset, and could not open the door above this
wideness, and 1 looked in, and saw the razor
all in bloody, and my lon^ lay on his arm in this
ittshion.*! could not teu, whether be was
dead or no,, but I thought it was not my busi-
ness to stir him. Then my lord Constable was
ordered tO' oome and secure, and examine all
the serrants.
L. C.J. Pi-ay, Captain Hawley, where does
the casement look into?
CfL^UamUy. The house, ever since I came
to it, IS just as- It waa; and the house hating
settled, the casement wonH open above thus iar :
and it is so low, and the pales are nine- or ten
foot high, thaftit is ionpossible for any one to
throw any thing out of the window three foot
hardly. It is pneof tj^e-hocridest reports that
ever was heard of,, ana the unHkeKest thing,
they, cannot throw any thing out of the window
to be seen.
Alt: Gen, My ionly I think ik^ is not neces-
•ary to call any more witnesses.
L. C. /* Have they any thmg to say luriber,
on the other side ?
Mr. Speke. 1 desire, my lord, to caH my man.
L. C. J. Call your man, for what purpose ?
Spel^e. My lordi ^' your lordship pleases, I
will call my man to prove, that I knew nothing
of Mi^ Braddon'srcoming to me.
Then Mr. Spek«^8 man was swom*^
X. C. J. Ask him< what yoa wilL
Speke. Did you ever see Mr. Bnddorf
with roe ?
Servant. Never but once, before thtt tiiM
he came to my master's chamber, wiiich vns
the night before he went out of town ; and
when ne came, after he had been there a little
while, my master ordered me to get mereidr
to ffo into the conntry with him. And tftnl
had been with him a Iktie time, be gotaiMK
ther to go with him, and sent me home mm.
^eke. 1 was going to bed, was I not?
Servant. Yes, you wa9.
L. C. J. Hare you done of both fldesf
Speke. Was it not a surprize to me, wbea lie
came to me?*
L. C. J. How does he know that ?
Speke. I tell you why, my lord, I a^it:
because when I go ont of town, I alwayi tdl
him to prepare hima^f.
Servant. It was a surprize to me ; I knew
nothing of it.
L. C. J. WdH have you done now? Htre
you a mind to say any thing to the jury, yvt
that areof connael for the defendants ; or yoa,
Mr. Braddon ?
Mr. Braddon. No, I will say nothing.
X. C. J. Have you, Mr. Speke ?
Mr. Speke. My lord, I have proved it boe,
that I had no hand in what I am accused cCr
It is put down in the information, that 1 cqd-
spired with Mr. Braddon, to endeavour to pro-
cure fake witnesses. I have proved I never
had any hand at all in any thing of it. It ma
an accidental thing, hi» coming to me ; and it
was a great surprize to me, when he came;
and I never concerned myself in it more, dnil
the writing of that letter : and I had no ill
intent in it ; I did it not desiffnc^ly, for I knew
nothing of his coming ; and T bad not writ die
letter it he had not oome to me. Apd itis phia^
it was a surprize, for I always ffive my mat
notice, when I eo oiit of town, Kfore-band t»
prepare himself. I thought nothing at aH of
ill in the letter : I writ it late at nighty wheal
had been with some company at the tarov;
And he made me believe that to be true, whick
was not; I hope the gentlemen of thejai^
will consider that. 1 have nothing to aay a
the thing, I did not concern myaeff in it VT
further at all, than writing the fetter, wbieb 1
did not well know what 1 writ.
L. C. J. Well, have you any more totfji
Mr. Speke P — Speke. No, my lord.
X. C. J. Have you any more, Mr. Braddoa ?
Mr. Braddon. My lord, I have only ihiil*
say for myself. It has not heeu proved direcdyt
or indirectly, that I used any evil argamenti^
persuade those witnesses to testify what wii
fadse ; but I dealt with them with all the caa*
dor, that any person in the world couk) t»\
and used all the caution ^t I could, to h»dcr
them Irom- speaking any thing that is Abe.
There has been nothing prered of evil p^i^
used by me ; and I desire the gentiemeDa
the jury to take no other notice of ^7^
that has been, or shall be spoken, but what btf
beenpcoved.
tfOS] SI^TE TRIALS, 36 Ch aelbs 1L l€S4.—f9r « NTuiaKemimr. [1206
X. C« J. GendeiDeii of the iory, the eVi-
<JeDoe has been very looflf, that has been ^ren
both for and against the peraona, against vrhoin
this iuformatiou is exhibited. It is an intbr-
xnation exhibited by the king's attorney-gene-
val, in Ills maiesty's name against Lawrence
llraddon and Has^b Speke. And the informa-
tion does set forth, thai the late earl of Essex
murdered himself in the Tower, and that
thereupon there was an inqaisition taken before
the €h>roaer, that did find that he had so mnr-
dmd himself, he being before that time com-
mitted for higii treason, in conspiring the death
•f the king, and levying war to disturb tlie
Sovemment. And these persons did ren-
er that inquisition, as though it had been
fraudulently and irregularly obtained ; and
-also to breed ill blood, and spread false rumours
among the king's subjects, by endeavouring to
persuade them to believe, that the earl of Essex
was murdered by some other hand, and had
not murdered himself, and had procured false
witnesses to testify some such matter, in order
to the spreading about that fiilse rumour. This
is the substance of the inf >rmation. To this
information they have both pleaded, Not
Goiltv ; and the evidence, as I was telling
yon, has been somewhat long ; hot accordmg
: to the best of my memory, and for the assist-
ance of yours, I will mind you of as many
thii^, as occur to me, that have been said
against them, and what has been said on their
behalf, I mean so much of it as is evidence.
For I must tell you, all hear-says and common
discourses of otner persons are not evidence,
and I will give you that reason^ that is suf-
ficient to satbfy any man that is unbiassed)
that if in case the person that so told the story
had been here, if ne had not told it upon oath,
you could not hiive believed that person:
therefore, surely there is less credit to be given
4o him, that tefh a tale out of another body's
mouth. And I tell you this, because there
have been great allowances given, and ought
to be when people are. accused of such great
and weigfity crimes; for diese, are monstrous
crimes that these gentlemen are accused of;
but it is you that are to try, whether they are
guilty or not: certainly there is scarce in
nature a greater crime that can be committed,
than this that is now before you ; for 1 think
robbery or any other such felonies, are not
auch monstrous crimes in their true real weight,
though in consideration of law, in respect of
punishment they are greater ; yet in point of
mme, they are surely less ; for to aprc»d fidse
reports, in order to raise sedition, ill-will,
beart-burnipgs, and jealousies in the king's
sul^ects against the government, and to snbom
witnesses to that evifpurpoee, is surely a much
greater crime than robbing on the nigbway.
Kow, gentlemen, it is not unknown to most ol
you, wnat endeavours have been of kUe made,
to poesess the minds of the king's subjects of
great injuries dcbigned to be done them by the
King, or his authority : and in order to foment
4iiIereQces and o^isapprdieiMioiis between the
kingan4 his people, and among the people
between one and another, all arts have beeo
used, to proseribe people that they are minded
to expose. Those, they bear ill-wiU to, must
be called Papists, or Papists in masquerade ;
but they ano their confederates are the sober
parly, the true Protestants, as if there were
i:one sober or true Protestants but such as ara
factions and troublesome in the government.
But by these things they brin^ an odium upon
the name of a Protestant, theic aim is by dis*
tingnishing to divide us ; whereas if they were
Protestants in truth, the Church of England
Protestants; they vrould have another bdavi-
our, they would learn to obey, and submit to
authority, and not go buszfng from house to
house, and spreading fiUse reports, * but study
to be quiet, and do their own business.' And
though Mr. Braddon made use of the 5th
chapter of the Acts, to tlte child, he would
have done well to have taken notice of some
other parts of Scripture, that are as much
Scripture as that, that injotn obedience and
submission to the magistrates; and, being
quiet and minding his own business, 4t is odds,
he had never come to thut trouble, he is now
likely to meet with. But the crime he is
aocused of carries all the venom and baseness,
the greatest inveteracy ajfainst the govern-
ment that ever any case did, that I have met
with. Fo^ it is insinuated, that, because tho
king and the duke were walking in the Tower,
that day, and near that time, when this unfor-
tunate thinff happened, now it must be whis-
pered, as tnougn the king and the duke had
designed this murder. How base? How
devmsh and hellish a derign is thisf Bat
yet, this must be spread about, and endeavoured
to be distilled into the minds of the king's sub-
jects. But besides, gentlemen, you are to
consider, as was open^ by the king's counsel,
to what this thiujg^ tended ; for inasmuch as
there was an hornd bloody conspiracy, to take
away the life of the king, and ot his dear bro-
ther, his n^al highness the duke of York.
And forasmuch as several persons have been
duly executed for that conspiracy, who were
concerned along with this unfortunate lord ; (I
cannot help the nan&ing of it, though I ana
sorry for his misfortune, for the sake of that
honourable family^ but rather than he woold
abide his trial, God knows what other reajiea
he had, but the probability of the thing speaks-
it, he being conscions, the great gnik he had
contracted, in being concerned in aoch a con-
spiracy, made him destroy himself. And it is
easy to imagine, how nx that aight prevail
upon him, it being done immediately aner my
lord Russell, who was one of the conspirators
with him, was carried to his trial. It cannot
be thought, but it was to prevent the methods
of justice in his own particular case. And*
gentlemen, there was digitui Dti in it, and it is
enough to satisfy all the world of the conspi-
racy ; though we live in an age, wherein men
are apt to believe only on one «de ; they can
believe the greatest he, if it makes for the ad*
W071 STATE TRIALS; 36CUAKLiis U. l€M^Tfiaio/BraMmimdSpek, [im
v^iAge of their pcuty, but «iif»l the greatefift
truth, if it thwarts their interest.
But hecause Mr. Attornev has produced his
pixwt's to inanirest, that this lord murdered
himself, I wiU take uoticeaiittleof it, because
it may have some good eflTect to undeceive
some tiiat ha\e been imposed upoa. Not for
my own satisfaction, 1 thank God I am satis-
fled, and so I believe are most honest men :
hut that silly people may not be imposed unon
by every busy fellow for the future, that takes
the liberty to run about and spread false news,
ajid that men may be aware of such fellows,
and may not be decoyed any more by such
false pretences ; it was therefore fit that evi-
dence should be givep of the truth of the fact,
that that^entkmali did murder himself. And
the evidence is this.
Besides the inquisition, which was taken
upon the oaths of several persons of quality, (as
you hear upon the reading their names, several
of them were esquires and men of note) it is
here also proved by the testimony of his ser-
vant 4hat attended him, how he came to this
untimely end. And gentlemen, I would ob-
serve, it is sworn by his servants, one that had
lived six years witn him, not an upstart, or a
pandering fellow, but one whose integrity and
fidelity 40 my lord was confirmed by six years
experience of his service. Then here is the
warder that was at the door, h&re*s the soldier,
lire's the master of the house, who are all the
persons that probably can give any account of
the matter, and they tell you positively that no
one did go up and down, but this Frenchman,
who was his valet de chambre. And the
warder tells you, That he coming to the door,
and knocking at the door, and hearing no one
answer, did endeavour to open the door, but it
was so fast by my lord's feet, that he could
open it but a 'little, and looking in, discerned
blood, and that made him make acclamations,
as the warder calls it, orations, which brous^ht
all the people in the house thither, and they
gave the same account that he doei;.
And it is likewise fit to be taken notice
of, that the window of this closet looks into a pri-
vate yard, where no strangers usually come, and
where no coach could come ; and that the pales
were so high, that in case a man were desirous
to throw any thing out, it were impossible to
cast it above three fool. And if there cotild no
coach at all cume into the yard, as it is plain
there could not, (for there is no door, save only
a back house- door) then this must needs be a
lie tliat was spread abroad. And it is beyond
all perad venture true that my lord of Essex did
murder himself.
Now to have so great a truth as this to be
perverted, and to reproach the government with
falsities, is the most , malicious thing in the
world. Jf in case the law has made it penal
for any man to scandalize any one private per-
son, as it has ; and if it be by jaw much more
p«nal to scandalize a ^nobleman : how much
more ought it to be, when the king and the
wivMe ni^ovemment is thus adudsUized f
Now IQ oome to the fiiot, as n«ar as 1 oia
recollect, I will gi^ you an account of w1hI>
evidence has been given of the one side, and
of the oth«>r. But this I thooght fit to
premise, because, there wiU some circum-
stances fall out fit to be taken notKe of ia the
evidence, especially about the window io caa-
tain Hawiey's yard and house, which may be
cleared this way.
In the first part of the evidence for Aekin^,
they call a witness to prove the earl of Eskts
commitment, which is part of the indueemoil
in the information.
But for the information itadf, there is this
evidence. First, Evans, he comes and tella
you, how that ha had heard at the Custom*
House from Edwards, the father of this boy,
as though there had been a report came to him
from home, at ten o'clock that rooming my
lord Essex cut his throat, of a raaor thrown
oat of my lord of Essex's window ; that he
came to him in the afWrneon apin, and in the
aftemoo^ told him he bad examined themaUff
further, and his boy confirmed the truth «f it.
He says, That afW this, Mr. Biaddon apd
another man, one Mr. Hataell, if 1 am notmi^
taken in his name, came to the place where he
was in Essex, and there they had some ^
course about my lord of Essex's death, arf
there Hatsell took out of his pocket a pruried
copy of the inquisition ; and Mr. Braddoa wia
then in the room, but he says he thinks Mr.
Braddon at that time took no manner of eolioe
of it, but walked about the room ; but he sm
the inquisition was read while he was in the
room, and Evans said something about the
report he had Iteard, which did seem to coa-
tradict that inqnisition. But some time after,
he says. That he being at tlie coffee-beoee,
Braddon and Edwards came to him in the
coffee-house and there they began to talk;
Edwards baid. That Braddon had been widi
his child to examine him, to' bear te^
mony about flinging the razor out at wiodoir.
He was very full of the word [matter] aod
tossed that to and fro, but at length the suh-
stance of his matter was, that report of the
boys, and he advised them to forbear talking
any farther to him about the matttfr, fiff it
might do Edwards and Braddon both an inju-
ry ; and he had read the inquisition which wa
quite contrary. That was all jie oouW »y.
Then- comes Edwards, and the substaoce of
what he says, is this, That he first heard it
from his family, and afterwards the boy coa-
firmed the truth of it ; but then aiterwanis be
lieard he had denied it, which was after Brtddea
liad been there to inquire about it. And then he
says Braddon came to him again, and tbea he
had got a note dictated by himself and not by
the boy, but at first he tendered it to the b<^
and the boy refused to put his hand ^ i^ > ^J^
Mr. Braddon came again another time, (thoug
he was told the boy had denied it as he beam)
and then the boy did set his hand. This isme
substance of what Edwards says. H« J^
say indeed the bo^ used to tell hes very w^i
1209] STATE TRIALS, 56 Cha&lbs II. i6S4.-/or a MUiemnmer. [ihh
to tnake excuses when fae played truant, and
that his iamily told hhn, the boy was oftim
l^uilty of teUing^ of lies.
Then the next, evidence is the evidence of
Ae boy himself. He it seems is thirteen years
of a^ : certainly any man that had been of an
upright mind and conscience, as Mr. Braddon
pretends to be, and would have you, gentlemen,
think him so, would have it thou^t that he
vaa full of honesty and integrity to the boy,
when he baited his hook with a text of scrip-
ture, about the danger of telling a He, and.
* have a care, child, of telling a lie ;' if he had
done no mora but given him this advice, it had
been worthy of commendation : but when the
boy had refused to siffn it, for him to sfo and
inake such a stir, without examining further
into the paiticulan, but only taking a slight
report fronl such a child, and to make such a
disturbance in the nation, and jsuch a noise, not
only here, but abroad, as this has done, sure
argues neither uprightness nor conscience.
Had the boy stood in it and perseyered in it, it
bad become him in regard ot the tenderness of
the boy's age, to have been more inquisitive
into circumstances, before he gave such credit
to what he said, as to make all this ado.
But what says the boy when he comes here,
fae is now upon his oath, and he tells you, He
did tell his mother so at first, and he did tell
If r. Braddon so at first ; but afterwards when
bis sister spake to him, and bid him be sure to
tell nothing but what was truth, then he said
truly, it was not truth. He tells you, Mr.
Braddon offered him the paper to sign, but he
would not sign it ; and being asked the question,
"Why he would not sign it ; he says, because it
watt not true ; and bemg asked; Whether Brad-
don. bad notice t>f this ? The mother and sis-
ters, all tell you. He had notice the boy had
denied it.
How came Mr. Braddon, what authority had
be to take this examination ? He is no justice
of peace, no magistrate that had any authority
to take examinations. What concern had he
in it more than other people ? The boy could
tdl him there were abundance of people there
besides himself, though it Was a lie he told
then, and that the girl told now. Why did not
he stay to have it confirmed by some of those
people ? Why did not he carry these children
before some magistrate or justice of peace, some
body that had authority to take examinations ?
There was a spirit that prevailed with Mr.
Braddon to engage and make a stir in this bu-
siness, and you may easily ffuess what a kind
of spirit it was which gave nim this authority
that he had not before.
Gentlemen, another thing is this, 'tis plain,
and the boy now sni'eare it directly. That
whereas be put it into his information, How
that he told him he was going to see my lord
Brandon Gerrard's lodgings, but now he is
upon his oath, he swears directly he never told
bim any such thing, and yet he hath put it into
the paper he made him sign.
He tells ^oa 4 second tuo^y Mr. Braddon
came to him,, which was after the boy had re«
ftised and declared himself unwilling, and that
then he was persuaded by Mr. Braddon, who
told him there was no harm in it ; if there be
any harm, it would be to him, and not to the
boy, and so by virtue of that, he insinuated
himself, and got the child to sign that paper,
which is every tittle of it false, as the boy now
swears directly. And he tells you, how he
was imposed upon by Mr. Braddon, pretending
there was no harm to him, all the harm woula
come to himself, and by reason of these insi-
nuations he was prevailed upon to pat his name
to that which was notoriously false.
The next witness (to make it itppear that it
was notoriously false, not only by the boy
himself, but by other circumstances) is Haw-
kins the minister's son. Dr. Hawkins's son of
the Tower. And he tells you, I played truant
as well as he that day, and I saw the kmg and
the duke at the Tower, and when I had seen
them ] went about as they did, and afterwuds
I went home, and there came a report, that iay
lord of Essex had cut his throat, which made
me go back again to the Tower, and there was
I a considerable time gaping among other peo-
ple, and there did I sec this boy Edwards;
when he came there, I was there, I was there
all the time that he was there, and we went out
of the Tower together, and there vwas no such
thing, nor any pretence or ground for such a
story. And Edwards himself beine asked the
question, upon his oath, doth lilewise saVf
Hawkins was with him all the time there. So
I that that shews not only by what the boy
I says, that it was false, but it is als»o proved
I false by the testimony of this other witoicss
Hawkins.
Then next comes Mr. Blathwaite, who was
present when Mr. BradjJon was before the
King, and what does be say? He says, there
was the boy fetched and the girl fetched, and
all persons examined there, and then it is told
him, all the boy had said to him was false, and
it was told him with all its circumstances. So
that notice sufficient, if you will believe Mr.
Blathwaite, was given to this Mr. Braddon,
That the boy had denied it then, as he had
before to his sister : so he knew it was fidse.
N But what does Mr. Braddon do now ? He is
so far from being satisfied in tl^e matter, that in-
stead of stopping there, his zeal transported
him to pursue it further : and so he tells you,
that Mr. Braddon confessed he would have ^t
some justice of peace to have the boy examm*
ed ; and he applied himself to sir Robert Clay-
ton, and sir John Lawrence. There were many
justices of the peace besides them, in LondoD,
to whom he might have applied himself. But
when he comes to sir Robert Clayton, and ac*
quaints him with the matter, he would not do it^
alone; it was thought a matter of that import-
ance. Then says Mr. Braddon you shan't do
it at all. He must have the kindness of having
it done in private ; to have it examined whea,
any body was by, was not so well for his pur*
pose ; which shews ^ou ftill, gentlemeOi bin
1211] STATE TRIALS, d6CHARLBsIL 1694.--
, [WIJ
^lestgn was to oontriv« privately, to effeot that
which the light should not easily discover.
Then the next thing is the evidence of Mr.
MoDstevens, and be gives you an account,
that he came to him, and he read the informa-
tion, and gave him a caution, that he womlered
at him : says he, why do you concern yourself
about this ousiness, there is sir Henry Capell,
he does not concern himself? then he pre-
tended to come in his name ; but at length,
-when Mr. MonstQvens began to dispute it with
liim, why sir Henry did not appear himself in
it ? then truly sir Henry Capell was very ill,
and could not possibly come himself, but 1 am
to go to him, and give him satisfaction about
what I do, and so also to the countess ot' Essex.
Ko, says Mr. Monstevens, that cannot be, for
sir Henry Capell is not so ill but that he has
been with my lord Sunderland, and with the
king too, since the death of my lord of Essex.
To which he made him no answer. So that'
that was but an excuse and a subterfuge; but
yet notwithstanding all this caution, he conti-
nues on his zeal in the thing : whereupon Mr.
Monstevens brought bun to my lord Sunder-
land, and what discourse has passed between
them, he has given you an acooont of.
The next evidence ia sir Henry Capell, who
tells you, that Braddou comes officiously and
tells him, he had some discovery to make about
the death of the earl of Essex, and you hear
that poor gentleman being related to this un-
fortunate noble lord, was at the first time very
much under surprize, (being in such great af-
fliction as one brother must needs be for ano-
ther, nature obliges people to a great concern
Ihr such accidents) and he says, he is not able
to give an account what he said or did at that
tiine, or what Braddon did particularly say to
him. But when he came the secona time to
him, he was a little more sedate and calm, and
then (he does remember) he told him. If you
have any thiiig of this nature to say, ^ to a
secretary of state, it is his business to inquire
into this afiair, and it is not the business of
^very particular private man, because these are
matters that concern tlie government. But
Braddou pretended (forsooth) it was his zeal
and his gi-eat conscience that made him to be
thus transported, and to be so eager for carry-
ingon this prosecution.
The next witness. Gentlemen, that you hear
of, is the cpentleman that seized upon Mr.
Braddon in the country ; and that is Mr. Beech,
who brought him bdore a justice of peace (one
Aires, that it seems is since dead), and in his
pocket he ibund a letter from the other defend-
ant Speke, which is the only thing indeed in
ihe evidence that does affect that gentleman ;
and what that letter is, you have heard it read,
and for your better satisfaction, because the
language of the letter is pretty extraordinary,
if you nave a mind to have it to peruse while
you are here in court, yon may have it with
you. I suppose you remember the substance
of it, commending the ^;reat integrity, couhige,
%aA magnanimity of this genUemaQ, Mr. Brad*
don, thankmg the person to whom it wai wiit,
for his great kindness to him and hit friends,
how tbay did hope to be able to get themntiler
of my lord of Essex tried before any in tlie
Tower could come to their trial ; That the tide
ran sironsf aQ;sinst them : And, pray, you moA
take notice, I have given him a bint he most
go by another name, by the name of Johnson,
and not by the name of Braddon? fbralack-a-day
he would be stabbed in these dangerous times,
or knocked on theliead, if he be known by bii
own name. Mr. Braddon would be thouglit a
man so considerable in the world for bis seil
for troth, and the Protestant religion, thattbere
was very great hazard of his bemg murdered,
we live m such }ierilous times.
Gentlemen, this is lo amuse and affright
people, and to nut odd thoughts and jealmiiifls
and fears into tne minds of Uie kiug^s subjects,
which was the beginning and rise of the lite
rebellion, which we have all reason to remem-
ber with horror ; that rebellion that in the issut
of it brought the kte king of blessed memoiy
to the scaffold : And therefore we must haves
great care of such things growing upon us sow.
And pray. Gentlemen, mind &e style of the
letter: < We ' have many thanks to give yeo,
for your care of* us,* and coimtenanca yon
have given lo ' us,' and * we ' don't doubt' ve'
shall be able to carry on the business of tbe
earl of Essex, notwithstanding that the tide runs
strong against 'us:' 'We' hope this, and < we'
hope that, and t'other^ and ap makes himself a
party. And he recommends him in particuhr
to sir Robert Atkyns, to whom the letter 'vu
written, to advise nim in thee matter he west
about, (which by the way, you see, was to pick
up false evidence) to carry on this wicked de-
sign. And I must tell you, geatlemeD, if Mr.
Speke was given to believe a lie, and did write
that letter, with a design to have that he qwesd
abroad, he makes himself a party, and be is ss
guilty in every circumstance as the other, as
to the design in general laid ia the informatioo,
though not e<|ually guilty about the manage*
ment of the witnesses : And it is the letter only
that particularly affects him. But I tell yon,
if in case you think he was surprised in the
thing, or did it ignorantlv or innocently, vitb-
out any concern, (thougn he seems to bafe t
wonderful concern in his letter, and very leato
he seems to be in the prosecution of this bus-
ness) you are to acquit him. But, if be did
contribute to the design of spreading this bise
report, he is as ffuilty of that part as Mr. Brw-
don, though he w not guilty of suborning tbe
witnesses. But the evidence against Braddos
goes fhrther ; There is not only the evidence
of this letter, which speaks plain enough as lo
this design, but you find also about him sll tbe
informations that have been read. The infona-
ation of this boy of 13 years of a^; the in-
formation Off the giri of 13 years ofage: Tbae
was also taken in his podcet a letter from one
Burgis, a famous pin-maker, of Mar1boitHi|[b,
written to one Cumpen a postmaster at ^J^^
in this manoer : ' Pray call to miad wi >
^
1913) ^ATE trials, 36 Chables II. i6H.^for A Misdemean&r. [1314
* bu^tfiess of beanDfif such' a report of my lord
' of Essex's cutting -bis throat upon Friday the
* 13th of July last. Pray recollect such a
* thing, and impart it to this gentleman tlie
* bearer.' This likewise was intrusted mth
Mr. Braddon : but it seems the man bad gone
and writ this letter, and had pat in the 6th day,
which happened to be a week too soon, and
this must be i;ectified by Mr. Braddon himself,
he being a great companion of Mr. Braddon 's ;
for it seems he had such a confidence ift him,
that upon his report, he came down from Lon-
don to Marlborough, though now indeed they
pretend they never knew one anotlier before ;
But it IS proved he confessed he had such a re-
gard to his report, that that brought him down
from London. He had (as I was saying) put
it down the 6th at his first writing ; and I be-
lieve as to the thing itself, it was as true the 6th
as any other time, and the 16th and the 26th is
all one to such people. And this letter, he tells
Ton himself, was written six weeks after, but
Mr. Braddon must correct it: No, says he,
Tou mistake, it must be the 13th, it must not
be the 6th ; the 6th would not da the business,
for the tSt$ was the day that he wav murdered,
and so he was forced to interline it, the ISth,
to make it to bnmonr the story ; for the lie
would not pass so well if it had been put upon
a day so long before ; but to make the he a
eorvpsct lie, and to humour &e rest of the evi-
dence, Mr. Braddon comes and informs him, it
must be the 13tb.
That was the next piece of evidence that was
Siven, and I think the substance of the evi-
ence of the whole matter given against the
defendants for the kin^, except it be some
remarks out of the evidence that has been
given on the other side, which it will be ma-
terial for you to take notice of.
Now, Gentlemen, for the defendants, they
bring tins evidence :
First, They brmg a man, I diink his name
was Lewes, to whom they gave the money
before he would give his evidence. And he
says, one day he was going up a hill, near
Andover, and going up the hiH, he heard the
news of mv lord of Essex's cutting his tbroiCt ;
but what day, week or month it was he cannot
tell, that he heard this. And, gentlemen, let
xne tell you, it is as bad as the ca.se itself, and
worse if possible, the endeavouring to pick up
witnesses to put a colour and countenance upon
■o black a villainy as this is. Then the next
evidence is Fielder, and he tells you, that at
their town of Andover, the Wednesday before
my lord murdered himself, it was all the talk
ahiout the town, that he had cut his throat ; it
was in every body's mouth, the market people,
men, women, and children, all over the town
had it, when the earl of Essex did it not till
the Friday followiiig. We asked him to name
any one ; no truly he couM not, the town was
00 full of people, and yet he cannot remember
•ne, whence ne bad it : but, gentlemen, here
Im the malksious design of the matter. It is
U maka it Miar^d it was a designed basiness
to murder my lord, and cast it upon himself^
and thev knew of the design at Andover, two
days before the fact was done ; as thdiigh the,
persons that designed to murder him, would go
to make it public, as such a report was Ilkdy
to do. But the design of this, besides the
falsehood and baseness of the thing itself, does
speak malice and sedition, and all the distem-
pers of a disloyal man's heart, and to go about
to get witnesses to support the credibOity of a
thing that is notoriously fake, is ten times
worse than the spreading of such a report itself.
Then comes Mrs. Edwards the mother, she
is the next witness, and she telk you at first^
the boy did tell this strange story, but altera
wards denied it ; but she likewise tells you,
how Mr. Braddon came, and how he dealt with
the boy. He is a busy man, you see, a great
reformer, that does mightily concern himself
in the reformation ofttie government. I never
knew that Mr. Braddon had any great share in.
it : he has not such a prodigious estate I sup-
pose, that for fear of losing his great estate ne
should be so wondrous busy ana active in re-
forming the government ; but 1 have always
observed it for a rule, that your beggarly in-
considerable fellows are the warmest people in
the business of reformation, and for oefending
liberty and property as they call it ; and then
they put it under the disguise pf religion,
when, alas, those tliat have no rel^on are ge-
nerally the greatest pretenders oT taking care
of it ; and those that have no estates nor pro •
perties, are usually the fullest of noise aboat
liberty and property. But the meaning of it
IS plain, if they can but exasperate the people
into a rebellion, that is the way to get a pro-
perty: and if they can but have liberty to da
what they please, that is all the liberty tber
contend for. They are such mean inconsi*
derable fellows only that make all diis ado
among us : for no persons of any interest or
mtalin^ will offer to engage in any such thing.
But I hope the snare is seen, and we sbaJl
avoid it ; for God be thanked we live under a
regular government, where the laws are duly-
executed ; we need not be afraid of wrong
from the government. The courts of justice
are open where they may have security ; and
the best security to'good subjects, is that which,
the law gives them.
Mrs. Edwards, she tells yon, when Braddoa
came to enquire about it, it made them all a
little concerned ; and 'the daughter was af-
frighted, and she comes to the boy, andsays,
Billy, Billy, here has been' a man about such a
thing, pray speak the truth: why, says he,
will any harm come of it ; says she, I cannot
tell, but tell you the truth. And then when
the boy comes to tell truth, he then says, all
the atory was false. Besides this; saysshe, we
told Mr. Braddon, befbre the boy signed it,
that he bad said it was false ; and he was told
It again before the king and council, that it
was false. Bat nothing would sierve him but
he must have a horse uid a man, and be must
go his cimiit to piek ap ridiculous storlM^
1215] STATE TRIALS, 36 Charles II. iGSA.-^TVimlqf^rMdJanmulSpekey [m6
but the truth. And aW be had talked thus
awhile, she observed be was guing to t^ pen,
ink, and paper, and she was afraid she might
be drawn in for a witness, and so she went out
of the room. But before that time, Mr. Brad'
don did go to see the window, and the pbos
where the boy*said the razor was thrown oat
Then there is the efidenoe of the Ikde
girl, who is the next witness, Jane LodemsD, I
think her name was, and that is likewise written
by Mr. Braddon. Now yon hear what that
young wench saj^s. She comes' and woaU
five some sort ot countenance to the thing,
ow she was looking up at tlie window of my
lord of £ssex's lodgings, and that there was a
bloody razor thrown by a hand out of die
window, but whether it was half hioodv, or aB
over bloody, she cannot tell, hut bloody it
was ; and it was, as she savs, thrown on the
out^de, though the boy saicf, it was thrown of
the inside.. But the weuch being ask«l, whe-
ther she knew that was my loni of Essex's
lodging? She answered, No, she did not, when
they come and make her swear in her iDfor-
mation, that she saw th^ razor thrown oat of
my lord of Essex's lodgings : and then she
says, she heard no soldier speak a word at aD ;
but in the information, it is set down, that the
soldier cried out to the people of the house,
go fetch up the razor. And this was all dose
m the open day, and there were abundaooe of
people, but she could not tell any psrticuhr
body. So that of one hundred people, whicbr
if she say true, were there, Mr« Braddon coaU
not satisfy himself to enouire afVer sooie of
them, but only he must pick up a child of 13
years of age to practise upon in this villaiDom
manner. And it carries the greater veoooy
and malice, and virulency, and baeeness, to
endeavour to corrupt youo|^ people to tbiS
height, as to come and say, and swear those
things in the face of a court, tliat are impos-
sible to be true. It is impossible to be tnHf
that she saw a coach in th^ y acd ; for you beer
what account captain Hawley gives of bie
hou2>e. It is impossible to be true, that then
should be a crowd of people, because that there
was a sentinel at the door, who most see eU
that go out, and that come in ; and there is ne ,
way to go into the yard, but throughtthe baek«
door, and the pales are so high, that nothief
can be flung over, that could be easily disp
cemed. So that the very thoughts of such a
thing as* this are ridiculous in themselves, asd
not only the falsity of the story is appatentt
but tliere is also apparent a great viihu>y> i*
endeavouring to get witnesses to prore diit
falsity. For you see who Mr. Braddoi em-
ploys ; he gets a barber to go along with bill
on purpose to testify what idle reports he coaw
pickup. But this barber, and the other wit-
nesses, when they come herei, csMiot teU aav
thing. For the barber, he si^s, she «•»
There lay a razor.; but the informathm seysi
(to which he is a witness) that the soldier criedf
Take up the raxor ; and she n0W upon hi'
oath detues any thing of that*
1
Letters must be contrived from one to another
to give a colour to the matter, and all this to
spread about his malicious reports and fiailse
news.
And by thb means, Gentlemen, I must tell
you, the matter is fixed as to the second part
of the information, which is the corrupting of
witnesf^ ; for though he did not get any wit-
nesses swom^ and so it is no subornation of
perjury, strictly, yet however it is a misde-
meanor to labour any one, much more such a
dbild, into a falsity, as apparently he did ; for
as the boy sweass now, he never did make
mention of going to my lord Gerard's lodgings.
The next evidence is young Mrs. Edwards^
Siarah the daughter, and she comes and gives
an account of the same. That the bor did tell
anch a story at first, but, says she, I knew him
to be such a lying boy, and l had so of^en found
him in lies, that I ilid not mind what he said.
And he used to tell lies when he had been play-
ing truant. Then comes Mr. Braddon to en-
qmre about the business, and when he began to
prosecute it, the girl began to be afiriffhted,
and she calls the boy to her, and engaged him
to tell her the truth, and then immediately
upon that he did say it was all a story, and in-
vention of his own.
And then it is very material to observe that
ihe boY in that paper of information (which is
sill of Mr. Bradoon's hand -writing') makes the
circnmsfeance of the razor's fallmg down, to
1»e cast of the inside of the pales, and the girl
^nys, it was of the outside, and there was a
coach, ahd abundance of people by, and a great
many tine circumstances, and not one of ttiem
true.
The next piece of evidence is, she does say,
that after he told her it was ftdse, she gave
notice to Braddon, and bong asked, wh^er
s))ke did not frighten him by threatening his
lather would be turned out of his place ? She
flweara, No. But all those kind of questions
wereby a side-wind, to make reflections upon
the. government ; as though the king would
turn men out, b^use they would not swear
If hat was false. It carries, I tdlyou, a sting
towards the government still, and shews the
malice of the design. But, geutlemen, yon
hear what is said alK>ut that, there was no such
thing said ; they did apprehend some fear, but
from whom their fear eame^ that they cannot
tell. But she positively swears, when the boy
had denied it, he had notice of it ; and when be
refused to sign it, y^ he pressed him, by teUing
him, there wasi no harm in it like to come, but
only to Mr. Braddon himself, and so he^was
persuaded to sign it.
The next witness is Mrs. Barton ; she comes
and tells yon, that she was at Mr. Edwards's
house, and what she tells yon of her own
knowledge, you are to take for evidence, and
nothing more. She says, Braddon did engage
the boy to tell truth, and put him in mind of
that chanter in the Acts, of the great displea*:
aure of God agamstthe two witnesses that for-
swore thenselves, ai^ bid hia wfuk nothing
1^17] STATE TRIALS, 36 CttMiES IL l6S4.-/0r « MMememar. [ISl^
The nezl endeuoe Is, the avnt, and she tells > be gires no manuer of aoooant bow he came to
yoQ, the does not remember siieh and such-par
|icnlar% but somewhat to that purpose she
Uoes; but whether she named my lord of
Essex, or no, ip particular, as to his lodgings,
she cannot give an acooaot.
Then yon ha?e Glasbrooke, that comes to
give an account concerning this girFs story,
and be plainly is quite different from what the
others had testified before ; for his evidence is,
that the girl had said my lord of Essex cut his
own throat, and afterwards flung the razor out
of a window : after be had committed this
horrid murder upon himself, he got to life
again, and threw away the instrument he did
it with ; that is plamly his testimony, that
this child should sav so. So that, as in the
case of Susanna, wnich I heard cited here
upon another occasion, the wicked elders were
disobFered by the different circumstances of
time and place; so here you have circum-
stances of time and place, and of all things in
the world that can oontrioute to prove tbe &]-
sity of this ivport, and to prove the malicious
design of th^ people that were engaged in
4hisl>usiness.
The next witness is one Smith, and he speaks
much to the self -same purpose. He was the
barber that went with Braddon to examine
this girl.
Now gentlemen, you are to consider of these
contrirances of Braddon, in busying himself to
solicit these children to testify these stories,
after a denial by tbe boy to men tbe papier, to
tell bim there was no ha^m could come to him,
to dictate what he should say, and put words
into his mouth, about going to* see my lord Ger-
ard's lodgings, which he never spaxe of; for
him to dictate to the other witness tlie pin*
maker of Mariboroi^b, what the right day |
should be, to set up such a senseless story, that '
fyt heard such a thing at the post-house, but he
cannot tell from whom, or name any one that
lieaid it or spake it besides himself : it is strange
how he should meet with this man, for even the
man himself tells you, he knows not who he
had discoursed of it to ; aod nevtf ^aw Braddon
^11 that time he writ tbe letter. But you may
observe, that to be sure the report might be
spread, it was so contrived that the scene should
belaid in the post-house, and tiien it was like
to run abroad quickly ; for alas it was not
their business to make truth of it, but to make
the discontented rabble believe it to be a truth.
And so they began to consult with themselves
where it was best to lodge it, and upon deli-
heratioo the place must humour tbe design as
well as the time, and that must be at the post-
master's house, in order to disperse the noise of
it ; and then Mr. Braddon tpkes bis circuit to
Salisbury, unto jir Robert Atkyns, at Stow in
tbe Wold, and to other people, tilling the coun-
try with his braded ware ; and it is time to
look after such pedlars, for tbey vent the
worst of ware.
Then, jfentlemen, you may observe this fel-
low is easily persuaded to swear any thing, for
VOL* 1%.
hear what he speaks of, or ftt)m whom, or hqw..
Mr. Braddon came to him : he had never seen,
him before that time, be says (though Mr.
Braddon had such a valiie for this worshipful
pin-maker, whom he never saw, that 'he cama
iTopa London upoath^ least intimation of this
man, so zealous he was for the cai'rying on tliis
weighty affair, which I may call this impudent
and intolerable lie). %
Gentlemen, I must tell you, if any proof jn.
the world be sufficient to prove malice, you
have sufficient proof of it before you now^ If
it had been a thmg of indiscretion only without
malice, if there had. been notliing of caution
given to him about it as a thing that concerned,
not bun, there might have been something said
to alleviate.it ; but for bim to come as if he bad
authority ftom the countess of Essex, and sir
Henry Capell, who denies it, shews the malice
of his design.
Gentlemen, Tis a concern of an high nature^
and if you do believe these persons that are 4e-.
fendants, or either of them to be guilty ; such
as you believe to be guflty, you must find
guilty, and of so much as you believe thenk
guiltv. And if in ^e they shall by you be
round guilty, tbe court is to take cai*e to inflict,
a punishment, if it be pe^nble, suitable to their
offence.
Then tbe court arose, ai|^d the jury after-
wardk gave in a private verdicti which the next
morning was repeated in court and reeorded»
And by that veraict they found t^e deteadaot;
Laurence Braddon, Guilty of the whole matter
charged upon him in the information, and the
defendant Hugh Speke Guilty of i^ but tht'
conspiring to procure false witnesses, and of
that they found him Not Guilty.
Lunie, 81 Aprilis.
Att. Gen. My lord, here are two persfns ta
receive your judgment.
L.C.J* Who are they?
An. Gen. Braddon and Speke. But it ba»:
ing late, I know not whether you will give it.
now, or appoint some other time.
Ir. C. /. No, no, let them come in. Th«f.
will say we are afraid ,of giving judf;me&t else.
Thai Mr. Braddon and BIr. S|peke came ioto
Court.
Att. Gen* My lord, we pray y<mr judgment
for the king, that you will set a flood Bne.
MT.Wiluam&. Weareretaineatomavieinar*
rest of judgment.
Att. Gen. Judgmeut is entered already, and
there is nothing but a fine in the ease.
Mr. Williams. My lord, if it be entered, it ia
entered but this term ^ and it is in the breast of
the court, if tbey please, to admit us to speak
in arrest of judgment.
X. C. J. When were theruks out t
Mr. William. My lord,it was put off by csii-
sent to this day.
L.C.J. But when were the rules out, I ahkr
41
Ifil9] STATErtauaA,^etuMMMU.\SM^THd^arai^m^ [MM
CL ofCr, The niJes wen out Hie im ^
of theuMk tartti, and then judgment fm en-
L, C. J. Well then, jotanenl ii entered^
What nv jroQ agaiiuit a fiiief
Mr. Wtlliamt, We were retained 16 iMfv in
ancat of jndffment, I am aore I waa, and in-
alracted to that purpose.
L.C J. I cannot tell what ^on were retein-
'ed to do, but now judgmept is entered, what
any Ton as to the 6ne ;
Mr.WiUiami. We cannot say any thing as to
that, ire are not instructed ; I am sure I am not.
Mr. Wallop. My lord, we took it, and I was
told so, That it was put off hyeeonentto tkm
day.
jL. C. /. I know nothii^ of your oonsent,
nor what you consented to. n yoo eonsenc
among yoorscAves at the bar, that is nothing
to the conrt. Here we ffaid jod^pment entered,
and we must pro<«ed upon what is before us.
Mr. WhUop. Your loqhihip will please to ve-
■lember, what the evidence was.
X. C- J' I do remember it rerj paiticniarly*
Coun$eL My lord, Mr. Spdce ts found goil^
of nothing but writii^ that letter.
AH. Gen. He is found guilty of all but the
subommg.
£. C.J. We doTeiy weBknow there ia a
difference between them.
Then the hat Rnle was read*
It. C.J. Wellfjud^ment is regolarly entered,
What iwy you to it for the defendants ?
Mr. Wallop. My lo|;d, we conoeiFe we have
\esjf good matter upon me Terdict, to move in
arrest uf judgment.
Xh C. J. . I es^ no doubt, what yoir have to
siay is dktraordmary material, but you come
too late, we cannot hear yon. Sir 8amuel
Astray, b iudgment entered aocording to the
c-ourse of the court ? — Cl. ofCr. Yes.
X. C. X Then wo mnat proceed to ^ne
them.
Brcddon. PraT, mr ford, let Mr. Ward be
•aked, whether they md not agree we should
ifeofetodiyf
Mr. Ward. That was only an agreement on
Sttm^y , that they might appear to day, and I
would not take them in exkcotion.
Braddon. Thia waa the day I waa to more
in, my k>rd ; Mr. Burton knows. very well, he
agreed toilc
Mr. Burttm, I know nothing more of it, my
kird, but that indeed I did consent on Satnrday,
that whatsoerer thev could more then, they
should move on Monday.
Mr. Ward. That was only that they should
appear to day, instead of Braddon's being taken
up by a Capias pro flue.
X. C. X Well, well, 1 know nothing of your
agreements, here is judgment entered regu-
larly, as we (find it ; you had best bring your
action against Mr. Burton, H' he have done yoh
any wrong, but I did not know that Mr. Burton
was the king's attorney. But I find here is
jtidgmetit against yoa» and it is a very ibul of-
Cnmo, as netoriowa an eikttCe aft aatpensai
n&dei^4hat wfaifsh is capital, eouM bi^gaQly tf;
bane aiperrians of the gorermnent, hi otder ts
promote aeffitien and faolioh ; andfordntcai,
madeuseof attvilhanoustteaflBta cdttapt in-
fants, and then justify that fiUsiny with a hra*
sen ftoe, to that dime of itapuAenoe, ai I
never before saw, 'Aat all ttie jmliee cf tbt
nation must be afironted bv siKh andiciMi
fhllows, fbr it seems his confidence has not kR
him; but here he smiles, and seems aiifht
had done no harm.
Braddon. My lord, I know my own iiiM-
cenfy, and therefore have no mama to bt
troubled.
X. C X* Your nmoociwe ' Yoor unpnacaos^
yon mean. 1 tell yon, had you beea m isy
oAer country but this, the innocence yea braf
of, wouid have aentyou to the galKes.
Just Witkinf. Then you thmk, Mr. Bnd-
don, yon have done very well in what yea hift
donef
X. C. X. Ay, I asBore ytm, dees he. iai
the seal of his party haa gone as ftr, ibit s(
Winchester, when 1 1^ there in the circoi^ I
was told that his doctr^e had obtained MMch
in that country, e^pedaHy about thst yiMt,
whence some Of the witnesses came, I mm
Andover, that there was a woman that v« hue
tb^ other day, Mrs. Drake, being at eaaiiB'
^le, held forth, That my lord ^ JSmaim
murdered while the king was in the Toaer,
and that God was t|ie avenger of murder, ni
had found out a propernerson for the prOM-
tion of it, Aat. waa Mr. Braddon;' and ikii
snivelling cant prevailed 4t the conveniide. b
is no sudi smirldng matter as you mske it, Mr.
Braddon, I asanre you.
Braddon. My load, if 1 did know nvidf t»
be under any guih, I would veiyreamyari
humbly acknowledge it .
X. C. J. Well, I aee a great many if the
party shout you, I can spy them out, dMigb
they think they are not seen ; but they mm
know we will not suffer such monsten at tbm
to go without due punishment.
Just. Withins. He stands upon it, he iiinft*
cent still, notwithstanding all thatwssprsvcd,
and the jfnry's verdict
X. C. X Yes, alack-a-day, he wnei lb
mouth, and has not so mudi aa eaten. Pit w*
rant you.
Just Withins. I expected you wmM hne
been sori^, Mr. Braddon, for what yoa m
done, ana escpressed, 'some penitence, hAi
seems you are very innocent ^
Braddon. I did not directly, nor hidireetff)
offer any thing to induce the -children tojj|^
their testimony, nqr was any such thing pro**" •
I know my own innocency .
Att. Gen, The juiy have found it itot*
X.C.X And that upon afair,afuDaDdaai-
vittdng evidence, and no man in the world «•
make any doubt of the truth of that ttf^
but he that had a ahare in your goih, or intw*
it had a tendency towards, I mmi tbstlinflil
coaspiraey. And I asanre you, Mr. BiadM
STATE TRIALS^ a6 CuABtB&IL l684.^/r « lUkimemmu [l!2^C
verv fit for the pHvpoM»«o4 JffK[ leciire bim
UBder a ah«m nftme, for 111 OBtfertake th^ra
•uch desigw «pon piwia Mi*- B«*«J*>?»
iTinces to oo biln a mischiett that if
•0O9 and a yonmg fealJkaum*
Br0d4on» My tather baa an elder son alive.
JLC'J' I feiaember partioalariy it i&aaid
ill one of tbe lettera, that be was a mau ef 7 or
a0O/.|Lyear.
CL 4 Cr. Tba{ was in Mr. Speke'a letter.
He saya his &thi^ bad so nuob.
BraddouL Thai is in Air. Speke's letter ; bat
tiMft ill net tnie.
Is, C.J. I don't know truly, that may be as
fUse as any thin§^ else you went about to bavc
llMse eUkifen swear ; but TU undertake it, if
thou hadsl toU the little ffiii that he had 800/. a
year, ahe would have been as ready to have
«wem it as tbe other.
Jnat Wiikim. 'Tis a wonderful thing, Mr.
Braddoa, vou ceokl bring nobody to come and
testify tbw things, but those two little chil-
dhvn. ^
L. C. /. But oh ! What a banpiness it was
for this sort of oeople, that t&ey, had got
Jtlr. Braddon, an nonest man, and a man of
€tmBt§9k Mys ,Mr. Speke, a man ^ prgp<»:
and Biay« says ho to his friead, give him
the best adnee you can, ibr he is a nsn
yoa tread .upon the verf heels ef it ; amirk
at it, and be as merry about it as you wilL
Braddon, If I di4 not know mT own inno-
ceocy, then I had reason to be troubled. %
X. C. J. Your own innpcency P If yob did
9at know your own impudence vou mean ; it is
that only taat makes you smirk and snuleat
wkV tbmga as these.
Just. WUhifu, Mr. Braddon, when you wer^
■advised by sir Henry Copell to take a prudent
aad a good coune, to go and leave it with a
Maetary of state, you would not take that ad-
TOO, but you would go your own way, and you
isould turn examiner, and nroseoutor yourself;
when he that was the earrs brother, and was
wire more ceneemed than you, thoi^ht it fitter
to go that way.
. la/. We remember what sir Samuel
Bamardiston, in his letter, speaks of this mat-
tec, Mr. Braddon, be was got off;* why, they
dare not meddle with Mr. Braddon, he is snob
<m draadfiil man; and his party are so consider*
sd>le, that we dare not meddle with them ; and
thd Tories are all cast down. Alack-a-day !
beeause these fellows cant cast down the go-
vernment, therefore all honest men must be
csst down, and not dare to meddle with them.
But they shaD see we are not so much cast
down, but we are aMe to reach the highest of
them. What condition is this man in?^ I
apeak m point of estate, for bis other condi-
tions,* we kpow what they are, bis trial wUl
aatisfy any man ef that.
Mt. Oca.' Ha is the eldest son ofa father
that has a good sstate.
Mr. Wiuiams. He is then but heitr apparent.
Braddon. No, I am a younger brother.
BIr. WiUiemt. It seems he is but the second
are
such contrivances
he bad not had his Protestant flail about bun,
somebody or other would bare knocked him am
the hea^ and bo is such a wonderfVil man, that
all the king's csurts of justice must needs con-
spire to do Mr. Braddon a mischief; a pretfy
sort of aman, upon my word, and lit«m* fe
used aoooidingfy; men that anrogata Md
assume to themselves a liberty to do sudi kmd
of things, must exeoct to IhseaccordingW.
Just Witkinf. Mr. Speke ia not found guihj
of tbe subenuUion.
JU.Gen. HeisfoundguOtyof •nbutAa
subornation; be is found guilty of ^onspiring
iwm
^ % n
* See tha fljpit ff sir Samud Banardiston's
Lnlten^ whWb^wacfiQlod«VLlw9Xii»l».Fob. 14,
to spread tbe repoirt The subornation
ouire another sort of pouisbment.
JL C.J. Ay, but there is a difference bo-
tween them. The crime was very great in
Mr. Speke, tbougb not so great as m Mr.
Braddon^ and 1 am sorry that Mr. Sp^ke shouM
be.coocemed in it, and should take such care
about such a bus'mess, with all that piety and
zeal for religion be eipresses in his letter to
sir Robert ^Vas (Mr, Justice Atkyns that
was,) that be soould recommend biro to hara
a wonderful care of him, and then thank bun
for bis kindness shewed to our party : So he
makes himself to be of tbe party, and makes
this .the bosineto of tbe party, and so makes
himself to be a sharer in the buaness •» for U Is
< We ^\m\i you for your kindness to us, and
< tbe tide is strong against us, and we hope we
* shall be able to bring the business of my lord
« of Essex upon the stage, before thev do any
« of those lA the Toner.' 80 Mr. Speke makes
himself a party in the business. And I am
mighty sorry that Vi»en be comes to be asked
the miesUon, How he came to write this let-
ter? be should tell us. He bad been at the tar
vem, and did not know what ha writ, but doty
not say, be recollected afterwards. It seems
be uaBi] to be often at tbe tavern, and bad been
there when be writ this pious letter, and so bis
saiotsbip broke out in a nt of drunkeuoeas, for
most of our refixrmera of religipn now*a-days
want common morality. And yet they are
wonderfully zealous for reformalion and re-
ligion. Afi the villainy that has been thought
o^ nay 'more than ever could enter before into
the imagination of mankind, has been wrought
by these men, that pretend to be reformers of
religion, sod amongst the rest Mr. Braddon^
and indeed I look upon. Braddon to be the
daringest fellow of the psfty, he and his bro-
tber Smith. Ir there were auv reluctan<^, or
any sense of any guilt they had contracted, and
would shew it by acknowledging their being
surpiiaedinto it, and testified repentance by a
sonnisitve and dutiful behaviour, that were
■ometbing to incline the court to ceramisera-
tion; hotwhsRwe see, instead of that, they
are more obdurate and steded in their opposi-
finn ta thn government, they must be recfaumed
t(y ooimtoH sad k^witbia due bounds by
1223} STATE TRIALS, sSChables It. l6M.^7i^lofBradJ&nmulSpAe, (tfii
condign ' punishmeDt,. otherwise it will be
thoa^t bjr the ignorant sort of people, that
all courts of Justice are afraid of them.
Just. Witkins. Nay, Mr. Braddoo's zeal was
' Teiy extraordijiary in the case, going on in this
l business, not only without, but contraryHo the
* advice of sir Henry Capell, who surely was
most concerned about the death of his brother. ,
-^ Then the Judges between themselves con- ,
salted about the Sentence, which Mr. JostiGe
'Witbins pronounced thus.
Jiist. Withins. Mr. Braddbn, You see what
it is you are convicted of. It was for as foul
an ofilence, as any can be imagined, that is not
capital, wherein the king is very much con-
. cemed, for the insinuations were such, as that
the king was mightily concerned ; fbr in as
muicb^as you say the earl of Essex should be
murdered at that timcf the king was in the
Tower, it was an implied accusation of the
kin^, and an insinuation that the king should
design to take away an innocent man's blood,
and so downright be guilty of murdering an
innocent person, which how great an offence
that is, let any man that has any loyalty, or
reverence for the king in him consider, and
you cannot say ypu are innocent, Mr. Brad-
don. Your prosecution was most pertinacious,
and you would proceed afler the boy had de-
wed it, and proceed in such, a manner, when
sir Henry Capell had told you what you should
do : and what did you|ro upon ? You had got
a little girl, a child of 11 or 13 years old, to
tell a story of I know not what, and nobody-
else knew any thing of it, and this must be a
ground sufficient for you to go up and down,
and spread such a report, when sir Henry Capell
gave you advice to go to a secretary of «tate,
'and let him Examine it ; indeed you did go to
bim, but would not rest satisfied with what the
king and council did "; no, Mr. Braddon, you
thought that would not gratify your own pas-
sion, and malice against the king and the go-
remment, but you must take ways of your
own. This is to scandalize the whole justice
of the nation, and not only make the king a
murderer, but you would have all the plot
hereby quite lose its credit ; and you would
make it, as sir Samuel Bamardiston would in-
sinuate, a sham plot, to take away innocent
Protestants lives. But as to the plot, there has
been fresh proof of it beyond all contradiction
this day ; a man here in the &ce of the whole
court has owned the whole thin^; he would
not take the liberty of defending himself,
that was offered bim» if he would try it, but
ooofessed that oon^tracy, which ymi had i
great mind to be an instrument of mddn^ the
world to believe, was nothing bat a Shnn.*
I shall not make any k>nj|;' speech to yoa.
' The Court, fbr this oMice, setsopon ytn,
Mr. Braddon, the fine of 8,000/. and wdor
that yon find surges for your goad behavioar
during yoar life, and that you be eomarittid
till this be performed. And for ywi Mr.
Speke (we have considered that yon are not
so. hignlr guilty as Mr. Braddon, yoo ne
guilty of a great offence, bat not so guilty
as he, and merefore) we thmk fit to let
upon you the fine of 1,000/. and ditt job
find sureties for your good befaavioordnn^
your life, and be committed till yea po^
form it.'
L. C. J, Marshal, take tbem in coila^,
and use them as they ought to be used.
CouTutel. 3Iy lord, Mr. Speke's bail is dis-
charged, I Suppose ?
L. C. J. Ay, they most be, as to this mttter,
but nothing else but this.
Then they were carried away to^ Kiiig^
bench prison.
*^ Of this word Sham, which was ray
much in use, during the latter part ef Idar
Charles the Second's reign, Roger Nortk
gives the following curious account, at the
opening of the second part of his * £xaawD.'
*' It may be expected, that, before ve esMr
upon the snbject matter, this term of art,
Sham -Plot, should be decy pheoed. The wort,
Sham, is true cant of the Newmarket brni
It is contracted of ashamed. The natifefl;-
nification is a town lady of diveraaoB, is oom-
try maid's ckiaths, who, to make m' ber
disgfuise, pretends to be so * ashamed r Tbescc
it tecame proverbial, when a maimed lorer was
laid up, or looked meager, to say be bid met
with a Sham. But what is this to ptots? Tbe
noble captain^ Dan^perfield, being an artist is
aU sorts of land piracy, translated this »ori,
out of the language ot his sodety, to a sew
emoloyroent he had taken up of fabe plottBig*
And as, with them, it ordinarily ngnito wy
false or counterfeit thin|f, so, annexed toafdsi,
it means one that is fictitioos and nntnie ; aod,
being so applied in his various wiitincV) aad
sworn depositions, of which we abaU have
much to observe, it is adopted into the Eogii^
langua^fe. But, that \re may not faH short is
our criticism, 1 must note that the measior v
not simply a fakie plot ; bat the word kBf»
somewhat of Trapan, joined with it."
Here in the former edition of the State Trials
was inserted a Tract, entitled, " The Earl
'* of Essex's Inhocency and Hononr vin-
** dicated, in a Letter to a Friend, by Lan-
" rence Braddon." The fnll title of which
Tract, as I find it in a copy now befiHre me,
which appears to have beesi printed in 1:690,
is " Essex's Innooeney and Hononr vjidf-
«« cated, or Murther, SobomatioD, F^Q^
'< and Oppresskm, justly charged od m
<< Murtherers of that NoUe Lord sad tnH
« Patriot Arthur late Earl of Ema, ^
« proved befbce tbe Right HonoonbieW
« Committee of liimlsy or ready lobstt-
<«
1225] • STATE TRIALS, d6 Ch AMIS IL l6S4^«r a Mmbmemor. [ifisS
believe (only by the evidenoe of those in
whose custoay mt lordship was) that this aobltf
lord indeed cot his own tnrost, to avpid what
his great misforttuies seemed to threaten ; that
then the natural consequence thereof would be
this; (viz.) whomsoever those powerful and
bloody men found to stand in then* way, whom
they th^ had, or should tak6 into custody,
they would place over them such as they had
prepared to oommit or permit what was trea-
cherously designed to be acted ; and then bf
strangling, stabbing, pistollmg, or catting of
throats (either of which is a common way of
self-destruction) they would take such off, prer^
tending (as in this case they did) it was done
by the persons themselves, to prevent an infa-
mous execution, and avoid those foiieitares of
honour and estetes, which the law would odier-
I wise have made by their conviction and pwish-
ment.
'< My lords, the prevention (as much as in
me lay) of such vile practices, was not the
least inducement that first moved me to this
inquiry'; and whatever opposition I then met
with, either under colour of justice, or mali-
cious detractions, I was not at all surpriz^
vrith, and therefore the better prepared to sufier
it ; and seeing I could then expect no. relief;
or just satisfaction, fVom those, who were chief
in imposing the injuries I suffered, I tiiought
that a time for me fin this respect) to keep
silence. But siAce Uod (by our present sove-
reign) hath mercifully removed si^ch oppres-
sions ; I think now is the time to speak, and
not sufier to t^ unanswered such maiicioas and
infamous calumnies, representing me the very
worst of suborners, and desenHng far worse
usage than ever Dr. Oates underwent, and
this said, not by * f^w, but many. Wherefore
out of a just seff-re^rd (which every man
owes to himself) I mought I was in duty
bound to endeavour some way or other, to
posed. In a Letter to ^ Friend. ' Blood
*' crieth unto me from the ground,' Qen.
iv. 10. * A fugitive and vagabond' shalt
«' « thou be in the earth;' Gen.iv. 11. < How
«' < long, O Lord, holy and true, dosf thou
«« ( not avenge our Mood on them that dwell
«< « on the earth,' Rev. vi. 10. Written by
Lawrence Braddon j of the Middle Temple,
■gent, who was upwardffof five years im-
prisoned for endeavouring to discover this
^* Mnrtber the tliird day after the same was
" committed." '
To~this pamphlet is an engraved Frontis-
• piece, representmg the murder of the eari, the
"apartment where it was committed, and the
closet where the body lay, aiifreeably to Brad-
don's account. The pamphlet has also the
ibllowing
"APOLOGY
'«< For the Letter to a Friend" [which was not
in the former Edition.] To the Right Hon.
William Earl of DEvoNSHiaE, Lord Stew -
ard of their Mi^^sties Household, <9cc.
William Earl of Bedford, &c. Charles
Earl of Monmouth, &c. Henry Earl of
Warrlngton, &c. the Lords of the (late)
close Coinmittee appointed to examine
into the Death of the Right Hon. Arthur
(late) Earl of Essex. ^
" My lords}
•'When immediately af^er the death of the
right honourable Arthur (late) earl of Essex,
I did firet make enquiry with relation tbere-
.untOy upon such information as I have already
.given ^ our lordships, there was nothing that
might be expected from a powerful and re-
vengeful party, against which I then moved.
but what I did believe they would endeavour clear myself to the wortd from being that pro
'to inflict upon me ; for this I had the greater
•reason, having then been often credibly told,
that some (whose interest was most concerned
to prevent this discovery) had several times
declared, 1 should be both pilloried aod w hipt.
'But this, or whatsoever else was within their
power to impose, I was resolved ' should not
deter me from searching afler such circnm-
• stAnpes as might rationally convince persons,
mprejudiced, that his lordship fell (notthraugb
'self violence, but) by the transcendent aiUhb-
rity and interest of some, and the treachery
and bloody cruelty of others; because that
great patriot (with your lordship and s^ch
others) stood as bulwarks against those popish
and aibitrary designs, which were then (judi- And there having beisn about seventy persons
dally seen through a glass, but since, to our
great cost, andjmater danger, face to face,
iBd)earried on mr the total subversion of our
church and state. — Wherefore I had gfreat
- reason to believe (admitting his lordship was
' nardered) that such who were th^r^ con-
cerned, if they found there was no inquisition
irfter tiiis Uood^' but' that all did seem to
fligate villain, I have been as industriously as
maliciously misrepresented. And because I
would that the plaister should be as huge as
the wound, I have in this fbllowiofi^ mafe, at-
tempted to undeceive the unprgumced part ot
mankind ; but as for some, ' miracles will not
convince them ; and others there are, who
(knowing much more than I can inform them)
will never confess themselves converts to troth.
** My lords, Would such men as maliciously
misrepresent me, proceed against me by way
of judicial information, I sboold ^e it very
kindly, for then 1 should have an opportunity
(now justice is duly administered, and fiivour
in this I desire none) to clear my innocence.
in all sworn, or examined before your lordships,
and some justices of the peace ^and soifie hun-
dreds discoursed to find these witnesses out) if I
had been such an infamous suborner as repre-
sented : in this cloud of witnesses, they have
a fair opportunity to find some, for sulioming
of whom, they may pnoeeA agai^ me. ' Bui
being wdl ntisfied m my aboorreoce of, and
mr] STATE TRIALS, aCCuARLBs II,
fkUL 1 haTC ever been ao hr'nom dmivag
ipeople to 8RV mwre tbaa th«y ooold safely do-
poie, lh«t I dM alwayi broach and «tyoitt
dieia mveh ratber Bot to swear any tbmg,
thao tbe Icasl tittle more than waatrne ; assur-
ing tliem>lhat wbosoerer in this case testify
mora than is truth, and thecoupon any ahould
wifer by socb'peijury, they would eomniit the
worst of murders, for wlucb one day, (though
there not deteoled) they must give a severe
nooonnt.
** My lords, In all' I did heretofore suffer
fiom my adversaries, whether during my being
ffoaeottted, or five years imprisonment, I had
not one uneasy thought, that moved me in the
lettrt to repent my having engaged in so just a
«aaie; and 1 was firmly possessed with a
strong bclid',' that I should Lve to see the day
wherein my lord's death might receive its
BToper name, and myself vindicated firom that,
|br whk^h I had been so powerfully and mali-
•iously accused, and unjustly oonvicted, and 1
hope, diat day will then come, when your
ioraships shaU think fit to rnoye to revive this
committee^ in oif|er to the bringing iu your
lordships' report But what I have, or do
•nfier in the mean while, though it is more than
«M| be imagined, yet I must and shall submit
^ your lorUdps great jodgipent hereb.
. ^ My bids, lam very sensible of the great
fihaiv^thft ri^t honanvaUe the earl of Essex
hath lieen at in this proseoution before your
lordships^ though net greater than therein
bath been enpended: but I canai^t apjply
nayself to his lordship, either for what remaina,
«r lo bia lordship ar bis honourable fiunilv or
dsewhera fisr any salisfiiotion for what I have
done and (through' oppressian as severely aa
luynaUy) sttffered under the male admmis-
trntioB of the late tsmsa, till the henour of the
truly ri^bt heaanraUe but unfottmiate earl of
Basex is rescued from that ui^nst, fiilse and
infamous imputation, under which, (in many
man's opinions) it hath se many years been
Innied; and without some assistance, I must
Heasenably expect ^ be cast into gael for some
ef theae very debts #hich my long misfortunes
luwe oontraoted ; in whieh miserable i^ace I
loa^ possibly perisb for want of breadT. But
vbicb is much worse than death, thus I was
Mice lo suffer under the most odious character
(from toomany) of u infamous imposture and
common suborner. For the avoiding tb^rerore
the wont cftbeae two evils, 1 have published
to the world my own just Vindkation ; and I
am SQA your larddupa can never blame me for
endeavouring to avoid ao hard and undeserved
nfots. And should all this psove my misfiir-
tone, (I am well aatisfied) it la without in this
Tfespeot ray fault ; and therefore having done
tiotning herein, but whatlean answer to God,
and a good oonscienea (and I ehaUenge all,
•ven the greatest of my adversaries to prove
the contrary) I shall (1 nop®) never repent of
having done my du^, but shall patiently wait
i» nddifwanne fiwithatwiMih wiU ynft n
period to all the Qrannona eppresratsf siA
as groan under the w^ht tberaof; bet (vidmt
true repentance, whidi God in meicy giiin
to all, even the matest of my cneoiii) will
prove but the Manning of a mors hsUia^
sorrow to the chief author hereof ; fitrnwhsm.
as God in mercy, by our nresent. aofcreigi
hath once delivered us, so I nope be will(wai
against the wilb of too many amoagitai, nd
contrary to the deserts of all) eontinus dat
blessing : towards the first procuring vberraf,
as 3rour lordships were some of our chidot
patriots, so (I am sure) you will io that evil day
which threatens, ei;^rt vour utmost ibr^pK-
yeotion of that worK tnan Egyptian boDdifi^
in which the more than Jsraektish mtdoMi
of not a few, strenuously endeavour to la-
iastate us.
" And that Gi>d may continae vour lord-
ships' health to see this black doud all Uowb
over, and a prosperous and a well nouaded
peace firmly settled amongst us, snd a ko|
oontinuanee of your lordships in tbe cajoy-
ment thereof, is the humble' prayer of bm
who dolh earnestly beseech your lonMupi'
rrdoD, if in this publieatioii, or present addroi,
have in the least offended your kMup
whose I am in the moKt humbte services; asd
whilst I live shall be ambitious of being tboqgk,
I my lords, your lordshipe' most obedietit and
devoted servant, Xawrencb Bbaddoh."
I have abo before me an anenynMuspompb'
let on thii same subject, which appears to m
been printed in the year. 1689. It is lUbcr
longer than Braddon^s ** Letter to a Friesd,"
printed in the text of the former editioD, isd
bears this title, '* An finroiry into sod I>ete^
« tion of the barbarous Muriher of tfas hie
'< Eari of Essex, or a Vindication of thatNebh
<< Person firom the Goik and Infomy of harai|
^ destroyed himadf."
Ralph, relating the parii—KirtwypfO"*^
mgs of the year ia89» ao^ *« The Lordi, h
tbe beginning of the sesskm, appobtid a «o*
cial Committee to makei an Inqnby iato w
death of the earl of Eases; buttheoghnM
persona were examined, and one (captaia Htt*
Jand]| was ooounitted to Nsnrgate, aader a
suspicion of bein|^ eoncemed in his nordff,
only some small curNunatancea, says sr Jata
Reresby, appeared^ which, it seoaas, Mant
sufficiently mateniki and oectsin» nthor ^
ground a nrosecnlion up<M, or evea too»
thorise sucli a report, as might sefve ts in^
Braddon's booflw or the nee whidi bad ka«
made of them. [Sir John Bereshy'f ««^
are * Publie declaratien Ivad been mode Ikit
the birth of tl«e prinee of WaleaiiatfthaV
supnesitkioas ; that thflM was a private litg
made with FicanoetP inshive Bngtea^i f^
the murder ef -the kta king amdef tbe sHitf
Essex, would be aoapl^ made- ants mif^
■edung of all thia appearad, ucspting ^
amaU eiNnaHlajaoaf idating te tne sana
lit 9] 9t«m VRIAUi SSCHAtttl It. ISMH^ • #tMlfMmMr» [ti»
tint sM Bnd^, MfmiMim, iMmAf per^
muked in bis former cham, b«rt Imiff Mut^ in ft
priMBd Apology* f&r his own cdnnnct in that
affair, Ufainsl the oemures iiassed on him hy
Dr. Buinet, more than insit^uatedy tiiat tte
coqnijry was stifled hvsttch a confederacy 0f
interests, as wonld have been too mighty for
t*^Mhi
* This printed Apolog^y seems to be the
4Vact here printed.
My nvoom Of OfidMOSi^ hftfW lRffifn||ihle of
Mtonons soev«t."
Bat as Braddon, many years aftervwdi^
pMished a foUer diseouno^ wto wfaioh he in-
oorporated dM contents of his " Letter 10 a
" Friend,'* and m which he also notieas ob^
jections which had been made to the matter of
that Later, I have thought it better lo sub*
stitute the larger 4liBc^rse» with its Title, He*
diicatiou, and Prefhce. '
BUhop Burnet's late History charged with great Partiality and
Misrepresentations, to make the present and future Ages be-
. lieve, tliat Arthur Earl of Essex, m 1683, murdered himself*
But the Memory of tbnt great Patriot is here vindicated from that false Charfe, and it
is here proved, that his Lordship was barbarously murdered* m the Tower, tbt
third Morning after his Commitment* And Mr. Braddon, in 1083, was pun
seciited and fined 2,()00/« and ordered to give Secnritj for his good Aehttviovf
during Life, A>r endeavourmg, by lawful Means, to discover thb Mnrder ; aod he
was imprisoned near five Tears, before the Revolution discharged him.->-And, ill
l6S8, and 89» Mr. Braddon prosecuted that Inquir]^ before a Secret Committee
' of Lords; and near Sixty Witnesses were etaniined in relation to that Murder |
and an Abstract of ttieir Examinations i^^here reprinted, with Remarks thereupoo;
And the Reason given why the Lords, upon those Examinations, came to no Re«
solution, in relation to the manner of his Lordship's Death. With ObserMions
upon the supposed poisoning of King Charles the Second; and one of the most
probable Causesthereof, IS here 'mentioned. Written' by Mr. BaADl>ON. London:
Printed for Joseph Pidtles, in New Palace-Yard, Westminster, 1725.
since have endeavoured to vindicate the me*
mory of that great Pstriot, and noblelord, Arthur
eari of Essex, Irom the ialse chaige of self*
murder, hi tnshop Burnet's lata HStory .eon<-
tained. And I wonld have also etadeavoured t»
have cleared myself firom that unjust ledeo*
tioo, of being an Enthusiast, as that prelate
hath therein represented me to be.
When in 1683, I was engaged in the ia»
qnity into the desth of the em of Emex ; tho
Paiusts then represented me to be a mad-man ;.
and therefbre those danderers then said thai
no regard was to be had, to what I did, in ve»
lation to my inqolry into the death of the eail
of Essex. But those my Popish fhlseacenscra
did not then consider, thiLt by that r<6port, thef
cast a much greater reflection, upon their ihm
fkvorite ministry, who at the council boavd
then demanded of me bonds (with goodsove-
ttes) in 1S,000/. for my appearance, and as
much more, with jg^ood sureties, ftr my good
behaviour. Certamly all those privy coon»
seDors then^ at thst coon^-boerd, had then
justly deserved to he teitned mad, for re%oii'-
• — ■ ■ ■ - 1.
an eminent vi^nes; the other of the Om^
mons; and both ceiJous IVotesttnta, and opi*
ponents to tilm design m intiomwlng popefy
and atbitraiy powef.
*^ I mustmerve, whether my lord of Bi<^
sex killed himsdf, or w»s to m killed; the
kingand his brother were both in the Tower
wh«itlieaotwasd«Qe,andimBediatsly notka
TO THB
B^t Hon. WILLUM Earl of ESSEX,
and to all the Right Hon. Descendants
from, and Relations to that Noble Fa-
mily, this VINDICATION of that great
Patriot, Arthur Earl of Essex, who, in
,1683, was treacherously and barbarously
nqrdered in the Tower, from Bishop
Bnmet's false Charge of Self- Murder, is
humUy dedicated, by his Lordship^ and
their Honour's most humble, sad most
obedient Servant,
Laubknck Bradoon^
THE PREFACE.
Had I not been afBicted with sickness ihr
taiany months past, and otherwise hindered
firom writing what 1 have now publsdied re-
lating to my lord Essex's death, i should long
' * The question concerning the manner of
JSssex's death, is considered at some lengdi by
Itapin, Ralph, and other historians. Mr. Hnme
Is., very decided that Essex killed himself.
Itsger Coke writes thus :
** The great design was upon my loird of
«£ssex and my lord RusscU : one the most emi-
nent of the nobility, fiir his great honour tad
ItSl] STAT£ TRIALS 56 CuABUS IL \6$^^TiMqf ^rtMrnrndSpth^lmi
mg 13,000/. bonds, with giood suretiet for the
y<M>d bebaTiour of a madmaii, had 1 tbei^ beeo
reaUy such. /
But this reTerend prelate in his late History
hath (iQ effect) revived that chaiigre a^nst roe,
by representing me an enthusiastical man,
was sent to the Old Bailey, that in the worst
sense, use might be made of it by the king's
counsel against' my lord Russell.
'* The ola^e of the earl's having murdered
himself, having had its designed effect upon
my lord RusselY's trial, July 13, 1683, the next
step was to satisfy the nation tlie earl murdered
himself; and to this purpose the coroner's in-
3uest must necessarily sit, and give their ver-
ict ; but so the business was ordered, ' that
before the jury was impanneUed, the earl's
Eras taken out of the doset, (where it was
ded he murdered himself and stript of
thes, which were carried away, and the
closet wasbts and when one of the jor^ in-
sisted upon seeing my lord's clothes in which
he died, the coroner was sent for into another
toovtk ; and upon his return, told the jury it
was my lord's body, not his clothes, they were
to sit upon. And when it was moved, that the
jury should adjoora, and give my lord's rela-
tkms notice, that if they had any thing to say
on my lord's behalf; it was answered, the
king nad sent for the inquisition, and would
not rise from the council board till it was
brought.
« J do not ftnd, &at when the like practices
were used, and when the coroner's inquest
fonnd sir Thomas Overbury died a natural
death in the Tower, that two years after, when
Reeves, the apothecary's servant, made the
first discovery of sir Thomas his being |Mt-
soned, that Reeves was prosecuted ibr flying
in the hce of the government, and questioning
the justice of the nation, as Mr. Speke and Mr.
Braddon were for endeavouring to discover the
murder of niy lord of Essex. I am sure their
inducement for the proofs of it was manifoldly
more than Reeves's were of sir Thomas Over-
bnry's ; and I wish I understood what their
crimes were more than Reeves's : but that be-
ing for tlie king and justice of the nation, they
might to have been encoursged, if there bad
be«i no foul dealinc^ in the earl's death.,''
Coke's Detection, vol. 2, p. 315.
Sir Richard Bolstrode, who was king's resi-
dent at Broasds, in his Memoirs, after having
related in ita proper place, *' This morning be-
ing the 13th of July [1683] the lord Roseell
and Hone, the joiner, were brought to their
trial and found ^ilty of high treason. At the
same time the lung being visiting a fortifka-
tion that was making in the Tower, the earl
d' Essex, withdrawing into his closet, cut his
owiT throat with his razor, of which he died
immediately:" in the next year [Afay> or
June] says, '< I am told from a good hand
that Danvers, who is now in the Gazette
was the anthor of that damnable libel
that is, one madly ponort with false nolioni it
reliffious matters.
Now, this bishop being resolved torepreHst
Arthur, earl of Essex, as feh d^ le, asd wcH
knowing, that I had, by a v^ long aod ex-
pensive mqniry, endeavoured to prove that lui
■ ■ . ■ , ^
about the earl of Essex, being a parcel «f lies
and forgeries maliciously pot together to ps^
suade the Whigs and ignorant, that tbethoi
earl of Essex was murdered by order of tbi
government, when it was apparent that be cot
is own throat." ^
In a Note to 3 Kennett Comp. Hist p. 400,
2d edition, it is said, '< The Rer. Br. Good-
man had been chaplain and confident of tte
earl of Essex ; and when seriously asked Ui
opinion of the death of his lordship in theTovcr,
he answered, He would give all he bad io du
world to believe that the earl had not kiUed
himself."
The present earl of Essex (1810) has ia-
fbrmed me, that he saw in the books of ifce
Treasury an account of payment, after had
Essex's death, of a pension to Bommeney, bj
order of Charles the Second. 1 baveloobd
through the indexes ^which however are &alty)
of the Warrant Books in the Treasury, from
before the time of lord Essex's deatli to No-
vember 1688, and do not find in them tbt
name of Bommeney.
The following extracts irom a work to wbidb
I have of%en referred, have relation to the w-
nions entertained and propagated respectingji'
sex's death :
" One Boileao, a French Protestant, pleaded
guilty to an indictment for sdKng a scaiidilooB
book, called *« L'Esprit de Monsieur Aniaad."
(which vindicates the late lord of Essex fron
murdering himself).. But the king was pleand
to shew him mercy, so he was fined but 6f. 9d,
and discharged without pi^mg his fees.
" Dec. 19th, 1684. There has heea fiir
some days past a scandalous libellous book,
entitled, ^* An Enouiry about the haibaroos
Murder of the Eari ol^ Essex," and a single
sheet, writ by colonel Danvers, being aa sb-
stract of the former, thrown about the aMf
and in at several persons' doors ; and there is
a reward of 1,000/. published in the Gazetfe,
for any one that shall apprehend the said osL
Danvers.
<* F^. 8, 168$. Lancelot Colston, oaetf
the coroner's inquest that sat on the late esn
of Essex, pleaded at the Court of Kiog"*-
bencb. Not Guiltjr, to an information fiir wwdi
he had said toucmng the same, * That it vtf
< impossible any one should cut his threst ■
* tb^ manner,*^ &c.
" July 8th, 168i. One Nordco, convidei
for bringing m several of the libels sbout ths
late earl of Essex, was sentenced to m 900
uMurks, to stand in the pillory at Ratcliftf ke
bound to his good behaviour §Qt ievcn ysii^
and to be committed UU dona.
1SS31
treacherously nttrdered, that
tiiu
lordBhip 'WKB
|fn»t prelate was therefore also resolved io give
nie «uch a contemptibie character, that all
men, irbo should believe me to be such, would
immediately reject, and despise alt the proois,
by roe brought io contradiction to the bishop's
aa^pgestions. For all men of observation find
this to be true, viz. that the geuerality of man-
kind believe things to be true more, from the
character of the relator, than from the argu-
ments which he brings to prove his assertions
to be true, and therefore if a man be, though
mtjustly, thought a contemptible fellow,
AH Lis argnments which he brings, for his
opinion, though never so conchisire, shall not,
bv those who despise his person, be at aH con-
siiiered, but immediately rejected, with con-
tempt.
And ti)is I do'solemnly say, that 1 do beliete,
the memory of that great, bnt imfortunate
peer, hath aufiered more injustice from what
that leamied dignitary hath said, writ and done,
to prove my lord a self murderer, than by all
that was sworn before the coroner m proof
tuereoi.
For my lady's belief of the self murder,
bath, ia common coDversation, been always
urged as the principal ailment to maKC
others believe tnat his lordship cut hi^ own
throat. And, by the bishop's late History, it
appeara, tliat such her opinion, was principally
" Nov. 37th, 1685. One Lanncelot Col-
flton being convicted of sjpeakiog words against
the bquishion that found the late earl of £ssex
feio tfe te, he being one of the jury, was scn-
teneed to pay 1200 marks, and be committbd
tfll paid.
'' Jutae 17th, 1686. One lliimbleton, an
Anabaptist preacher, convicted of publishing
Mveral libels as to the murder of tbe ear] of
Bssex, was sentenced to pay }00/. fine, to stand
in the piiVory thrice, at We&tminster-liaU ^te,
«t the Kxchanve, and at Wappmg.*' Narcissus
Lottreirs <' Brief Historical Rel&on/' MS. in
«ii» library of All Souls' eoliege.
«
The fbllowing pass^ is extracted fimn tht
** Diary of Henry, &ri of Clarendon, sub-
j«i»d to bis State Letters," (4toOtford, 1763)
*^ M69, May 97, Monday, in the aftmoon,
my wife and I went to Chelsea to the dutches*
«t Benifort, whom we foami alone. She told
me the whole story, how lady Essex had sent
4«r her and her lord, and tdl tfie relations.
lard Bedford, Devonslhire, bishop Burnett, and
jmung Mr. Hampden, about the matter relat-
ing to ford Essex's death, now depending be-
fore Hie Committee of Lonls ; that she had
decllared, lliat she believed, he killed himself;
Mifl, therefore, deshwl the basiness might fall.
CHie toM ine, Burnett and Hampden both
<Hrtied tbe ootispirac}' i^inst king Charles 2.
I should hare beenthere, if I had Men in town.
Brother CapeH tnceoBied himself, prfftending
fa be indisposed, which looked very odd."
((ote, Lord Ckrendoii was married to a tarter
VOL. uu
grounded upon that bisfaoo's^ judgment, or
upon what he declared in relatfon thereuuto.
And, it appears by what follows, tiiat t have
suffered more misfortunes, from that bishon^a
unjust character g^ven me, Aan by the arni*
traiy prooecution of a corrupt administration, ia
the reign of king Charies the Second. For
that last oaisfortone, continued about fiveyears^
and all that time I was pitied by those, who
knew my sofferiiifit, and wished well to their
native country. But the bishop, in common
conversation, representing, me an enthusiast
and a mad man, hatii, by those who believad
me deserving those charslctera, made me to be
despised and treated with contempt, for 9S
years past. And therefore I can truly say
that I hove sufferea more injustice occasioned
by that bishop's ill treatment, than firom the
tpannical oppression, of a prevalent Popisia
faction, by five years unjust imprisonment.
Soon alter doctor Burnet, in 1688, outte
with ti^e then Prince of Orange, to London, I
met him at St« James's Palace, where be
treated me with aseemioggreat affection, tbea
assuring me, that he woatu do me all tiie ser-
vice within his power. But as soon as 1 re«
newed, before the House of Lords, the inquiir
into my lord^s Murder, that reverend doctor^
carria^^e towards me was mightily chanral^
and, instead of speaking kindly to me, oe
would not after that so much as afford me m
. s . ■ ■
of lord Essex's. By <' brotiier Capel," I imp-
pose he means Henry Capd, next brother te
the eari of Essex, who, in 16d^, was cmted
lordCapel. ,
Sir John Dalrymnle (Memoirs of Creafi
Brttain aud Ireland," part 1, book 1, P- 91»
4to ed. of 1771), after mentiotainff that EsseXy
Sidney a&d Hampden were formi&ble ^ partly
because they were determined Deists, and
partly because they who believe they have a
^btorer their o«.^ lives 8re >lw»^« masten
of ibose of other men" sobioins m a note»
^' Hampden killed himself ate the Ilevola-
tioo. Essex's death, together with a letter
from lord Arran, tbe duke of Ormond's son, to
sir Leoime Jenkins, 84lh July, 1688, in the
Paper Office, shews that jBssex bad the same
Einciples." It may be doubted whether
ampden's flying to suicide, as a relief fironi
the feeling of uneasiness, remorse, and shame
with whidi he was afflicted, is any proof that
be was a determined Deist, or that he beliere4
upon principle that he had a right ovcrhia
life. 1 have (November 1810) examined the
Letter in tbe Paper Office, mm lord Acran to
sir Leoline Jenkins: it says nothing of Essex's
principles, and the part which relates to Essex
morely mentions that tiie writer at first fdt
much surpivce at the information that Essex
had destroyed himself, but that bis rarpriase
was diminished by the recollec^on, that whea
akierraan Quin cut his throat, Esitex said be
thought tiiat waa an ^asy death.
4K
1235] STATE TRIALS, S6 Chabm» IL
favourable oounteDance ^ but whenever be
saw me, be would turn away^his face, with
suQh an air of contempt, as proved, that he
thought rae not deserving tliat common respect,
which is generally due to all manl^nd. For
that learned doctor, in 1683, haying hindered
roy lady from then prosecuting my lord's mur •
derers; and baving then endeavoured to per-
suade her ladyship, and all others with whom
he then conversed relating to my lord^s deatli,'
that m^' lord himself cuthis own throat. Ttiaf
great judge 'of men and things would much
rather, that the memory of my lord of Essex,
Lis noble friend, should continue to irot, under
an infamous, though false, charge of self-mur-
der, than that his own great judgment should
appear to have been imposed upon, in relation
thereunto.
In the title of this discourse, 1 have charged
bishop Burnetts late History with great parti-
ality and misrepresentations, to malce the pre-
sent and future ages beHe?e, that Arthur, earl
of Essex, in 1683, murdered himself in the
Tower. Now,
If in the following Discourse, it shall plainly
appear, to every unprejudiced and judicious
reader, that the bishoj), in that History, bath
omitted all the mateiial proofs, which, that
prelate was credibly informed, were sworn by
many credible persons before the Secret Com-
mittee of Lords, 'to prove that my lord was
treacherously and barbaro usly murdered. And,
If on the contraiT, that prelate hath as-
, serted, in proof of the pretended self-murder,
several things as credible, from the authority
of that very perverted Papist, Boiueuy, whose
Information before my lord's coroner, and his
near station to my lord of Essex, at the time
of his death, must prove bim privy to, if not
acting in my lonl's murder, in case his lordship
"was harbarously murdered by others. I say,
. intirely to omit all the material and credible
. proofs, in ikvour of my lord, whom t)iat prelate
declares to have been one of the two best friends,
be had in the world. And, c controy for prov-
ing this pretended self-murder, for this bishop
to assert^t^os credible the relation of a Papist,
who was justly suspected to have been in this
murder, must prove this prelate to have heen
very partial, in such his representation of
things, relating to my lord's death ; and also
very unjust and ingrateful, to the memory of
Lis noble friends, and great kcoefactor. And,
If it sliallfarther appear, that this learned
prelate, bath, imperfectly and unintellii^ibly,
represented some thing's, sworn at my ^IVial,
in proof of my lord's being treacherously mur-
dered. And, at the same time, in favour of
the pretended self-murder, hath asserted some
things as credible, which his lordship had
cause to Hbelieve to be false. Then may that
bishop be truly charged with unjust misrepre-
sentations.
And the bishop hath not only endeavoured^
by what bis lordship thought proper argu-
ments, to prove the earl fclo de se; out
Ihftt prelatd would persuade we wprld, thaX it
ialefSrUdmmidSpeke, [1236
was impossible it should be otberirise. Ftr
the bishop saith, * That when my lord's body
' was brought home to his own house, and the
< wound was examined by his own smrgeoD,
* he told me, it was impossible the wound
* could be as it was, if given by any other
' hand but his own.' What this surgeon thus
told the bishop, that prelate believed to be true,
or he would not here have mentioned it;
though the reason that surgeon then gave the
doctor, for such his opinion, was both false and
ridiculous, viz. ' For, saith that surgeon, ex-
' cept he had cast his head back, and stietched
*• up his neck, all he coul<|, the aspera arterM
* must have been cut.'
Here my lord's surgeon denies, that tke
aspera arteria were cut, which there is reason
to believe to be false, because die two siirgeoos,
who viewed my lord's body in the Tower, have
sworn, that the aspera arteria were cut. Bot»
admitting they were not cut, the ridicalous
part of that surgeon's reasons, [wherefore nona
but my lord could do it, in the manner it was
done,] consists in saying to this effect, viz.
* That no person or persons whatsoe\ er, coukl
' hold my lord's head so far back, and stretch
* Out his neck so much, whilst his throat W9S
*' cutting, as my lord himself could do it.'
Now, this is contrary to what was declared
before (he Lords' Committees, by several judi-
cious physicians and surgeons,^who were great'
anatomists. For all those anatomists told their
lordships that they .would not positivdy say
that it was ipapossible for my lord to cut fais
throat through each jugular vein, the asptra
arteria and gullet, to the very neck-bone, and
even behind each jugular vein, on each side of
the neck, as some judicious smgeons, who had
viewed the throat, had reported it to be cut.
But this they would be very positive in, viz.
That they never saw any man's throat so eat,
which was cut by hunself. And they did then
farther declare to their lordships, that they did
believe, ' That when any mannad cut through
< one of his jugular veins, and the guUet and
' wind-pi[)e, and to the very neck-bone, nature
< would thereby be so much weakened, by the
< great effusion of blood and animal ^ints,
* that the Jelo de se would not have atrengdi
< sufficient' m cut through^ and behind ne
' other jugular, as my lord^s throat, by auigeoas
< which saw it, was said to be cuL'
Besides, my lord bishop was, credibly in-
formed, that my lord's oentinel had conftst
the letting in three men to my lord, a little be^
fore his death. And tliat thereupon he heacd
a great trampling in my lord's chamb^, aad
he heard somethmg there fall, or thrown down,
like the fall of a man. And the bishop was
farther credibly informed^ that it was swon
that four men were seen busthng in my lord's
chamber, a little before his death was known,
and that one of those four, this informant heaid
cry out murder several timas.
Now, I desire to know, whether two of those
three assassinates, kneeling on my lord's back,
and with ^e additional weight of Ute.thM
'l S37] STTATl^ TRIALS, 36 Caarlss II. l^U.-^Jar^a Misdemeanor. ^ [1238
Tnfflan's body. T say, whether two of those |
ruffians, thus assisted with the third braFo's
weig^ht, could not keep my lord down upon his
i>el}y, and hold his haiids behind his back,
ni'hilst tlie third bloody villain, with one haod
pulled np, and back my lord's head, and so
"Stretch oat his neck as far, and as long as it
was necessary to be stretched out, whilst, with
the othdr hand, he cat his throat, either abore
«ii* through the aspera arteritf, and through
•and behind both the jugular veins, and through
the gullet, even to the neck-bone. That sur-
geon who shall say, that three bloody ruffians,
<;anoot fffye such a cut, as well as the/elo de $e
himself can perform such an operation, de<
nerTCs more to be laughed at, than confuted by
'serious arguments.
Objection. If any shall object against me, on
behalf of the bishop's late History, and say,
that the bishop writ by the way of annals. And
what, in that History was writ, in relation to
the impri&onment, and death of that noble, hot
unfortanate lord, was writ in the year, 1683-
'84, and consequently it was not passible, for
my lordsbishop,in those years, to write what
was six years after that sworn in proof of my
lord's being murdered by others. And there-
fore that part o£my lord bishop's History ought
not to be charged, either with partiality or mis-
representations, fi>r omitting m 1683-84» what
conM not possibly be then mentioned.
Answer. If an historian will in every year
write annals, relating to the public, wherein he
intend! to mention all material public transac-
tions, which he knows, or, hath been credibly
informed, hare been done. And this historian
resolves, whDst he Jives,^to keep by him all
those annals in manuscript, and oy bis wiU, or
otherwise orders those memorials not to be
printed until six years after his death. If that
historian shall, six years after some things by
him writ, recave much better and more par-
ticular inifbrmation, in relation to some entries
by him before made, through an imperfect in-
Ibrmation of things, relating therednto. Then
such an historian ought to review and compare
iiis after information of facts, with those ac-
-coiinlB he had before received, and writ down.
And to consider and compare the credibility of
these after informations, with the credit of those
he had before believed, and entered. And if
lie ^nds, those latter accounts, are grounded
upon much better authorities, than those which
he had fonnerly believed and writ down. Then
that historian, upon such a review and convic-
tkm, of thefalsdioods or defects of his first me-
morials, ought, in. justice to the characters of
men, and truth of things, to correct his old
mis-entries, and to leave things, to be publish-
ed to the world in that light, which he believes
to be the truest light, for the right information
of mankind. And the bishop lived 30 year*
jBiier his mis-entries of 1683-4, relating to my
k>rd*» death ; which gave his lordship time suf-
fident to correct his former mis-entnes relating
tomylordofBssex. And this after review and
•onteliMi that bittoriui WM tiie more oUigtd
to make, when he resolyed, in his IVeface to
his then intended History^ to make this solemn
Declaration. ' I do M>iemnfv say this to the
' world, and make my humbfe appeal upon it
* to the great God of truth. Tiiat I tell the
* truth on all occasions as fully and freely, b»
* upon my best enquiry, I have been able to
' find it out. Where things appear doubtful, I
' deliver them with the same uncertainty to Uie
* world.'
By this hunJ>Ie appeal to the great God of
truth, the bishop did believe he should give
the greater credit to his History. For thifa pre*
late doth thereby, not only (infwv con$ciencut)
swear, that all tnhiffs which in his late History
he as8ert^,^ithin nilB own knowledge is trne*
And that all things (by him related m>m infor-
mation) he believes to be true. But this bishop,
doth, in this humble Appeal, farther (in effect)
swear, that he tells the truth as fully and freely,
that is to say, the substance of the whole truth,
without any favour or affection, to any person
or party, as far as it fell within his own Know-
ledge, or which, upon his best inquii'y, he hath
been able to find it out. Now,
For as much &s this humble appeal is justly
applicable to every particular passage m his
History contained. If therefore this leaned
dignitary shall be detected, in one or more in-
stances of his said History of ereat partiality, or
which is worse, of asserting ror truths what the
bishop had good cause to believe to be gre^t
fakeboods. Then this humble appeal to the
great God of truth, will be so far from giving
credit to his lordship's late History, Tlnit» on
the contrary, it will make the credit of every
part thereof^ which shall appear to be only sup-
ported by the credit of this learned historian)
to be jnstly suspected. For
If a deponent shall, upon interrogatories^
positively affirm fif\y particulars to be true,
and forty -nine of these are really' true. ' Yet
if this deponent, shall be convicted, of having
sworn falsely, only as to the fiftieth fact, by
him positively asserted. His credibility, by
that one coninntion is intirely destroyed, as to
idl the rest of his depositions, so that (after
such conviction) no part of his depositions shall
be read or regarded.
I think it proper here to inform the reader,
that in the following discourse I have not men-
tioned those paragraphs in the bishoji's late
History, which relate to the imprisonment,
and death of Arthur earl of Essex in 1683, un-
til I had given a very particular account t>f that
lord's imprisonment and death, and what illegal
measures were taken, to prevent the coroner's
jury from being rightly informed of what was
necessary by them to have been known, in
order to their discovering the true manner of
my lord's death. I have also therein informed
the reader upon what occasion it was, thai I,
who was altogether a stranger to that noble
family, did concern myself to detect the falsity
of what was sworn bemre the coroner, to prove
the (pretended) self-murder. And for what
ends or purposes I did then engage in that dan-
ISSj] STATE^TBlldS, S6 CaAMMAlh iSMht^T^ [3UM
g«rous enterpxise. Wbat fiTeat'disoowrefptt-^
ments and oppresaons, I Uierein met with.
I have therein ako given an historical ac-
coant of what measures I took, in the reign of
king Charles the second, to dete«t that batba-
rous murder, awl what powerful interest the
then duke of York had to prevent that disco-
Tery, by causing me to be prosecuted, convict-
ed and punishM as a criminal, when nothing
crirpinal was proved against me. And by that in*
fonnatiaa, u|^n which I was tried, I was charg-
ed with endeavouring to prove that mjf lord of
Essex was murdevra by the persons m whiMW
custody he was^ and contrary to what was
Ibund by the coronar^s inquest I have, in tfaei
Ibliowing discourse^ shewn how the witnesses
|iy me produced to prove this SMirder, were
disoour^zed and hrow-healen by the then court
of Sangps-beach. And how the very men in
yrhoae custody my lord was at the time of his
death, were. caUed a cloud ot' witnesses, not
only to prove me a criminal, for endeavouring
(by lawittl meansj to prove the most material
of those witnesses guxky of my ford's hloiid.
But those ve^y men were also adwdUed as good
witnesses to prove thai thev themselvea did not
murder his mrdahip, bat that the eail himself
hecamefslo-de-se.
No justly suspected British murderers did
ever meet with such a powerfhl proteetion from
such a supreme court of justice. Nor did any
lawful enoeavoitrs to detect a murder, ever in
this nation receive such an ill treatment* as I
have herein met with from a court of justice.
In the following discourse I have given a par-
ticular account how the inifairy, into my lord's
death, came before the Convention Pacliament
in 1688. And what witnesses were examined
before the Lords' Committees then appointed to
enquire into that matter. Why those Lords'
Committees made no regular report, upon those
informations and exammations, by them taken.
And how it came to pass, when many informa-
tions and examinations were read in tlie Uouse
of Lords, rektiiw to my lord's death, thai
their lordships did not then declare their opi-
nion, as to the manner of that unfortunate lord's
death. And therein is farther declared. How
the secret committee was revived in the second
session of the Convention Parliament. And
Tvhat proceedings were thereupon. And how the
prorogation and dissolution of that parhament
did stop any farther proceediogs in that inquiry.
I have in the Ibllowing discourse declared,
(hat the substance of all the material proofs
therein mentioned, and, said to have been
taken before the Lords' Committees, and some
jnstioes of the peace, in the year 1688-9, were
ly me printed and publishedTin the year 1690,
in a Letter to a Friend, touching the murder of
that great but unfortunate lord. Which letter
hishop Burnet read, soon afler it's publication.
This plainly appears by the hishop'a repeating,
in three several gazettes, a Declaration, where-
in he doth deny the truth, of one ai^ument,
ivhich^as I had heen infen^ed^ that prelaJe
^aedf to mate sevenJi Mifi h^i^ that the
earl of £«ex. murdered faimsaKl New U
{>rove that the bishop vras ffviitj of great par-
tiality and mis -representations im what in Ikis
late HL^ry he hath writ relating to my lead's
imprisonme^, and death. I thought it prapcr
that ail those inforyiations, taken to prove my
lord's murder, i should at' large mentioo, be-
fore I gave an account of those two particolir
paragraohs, in the bishop's late History^ wbesn
that prelate gives a very partial, imf«rfiM:ft,aiii
indeed, iminteliigible aocount of things, relatiiig
to my lord's death. And £br as miu^h as the
lushop had about ^ years time to correct his
mis-entries, in 1633-4 relating to my lordis
death. Within tbose many years, this pMiale
might have spent some few hevia ia review-
ing, reconsidering and correcting those lenMr
imoerfeet memorials, from most credible after
mfonnations,, relating to his neUe headadoc^
death. Butibr as much as thoae moraleUiga-
tions to truth, justice and gratitude, cuaUL net
nievail with this learned historian, folly and fte»-
IV todedare that to be true, rdatrng tomy kard^
osath, which upon his best inqaiiy he had jml
cause to believe to be so. It wiU isake many
gentlemen to question the truth of soaooihcr
parts of that History, notwithrtanding hy his
lordship's hookhle iW^ to the great God sf
truth, that prelate did (in effect) swear to 1km
truth of all things by him lehoed, within his
own knowledge. And for his smoere hefiif ef
all things by hmi mentioneS by iMfonaation.
I do liere beg the reader's pardon for re-
peatin^ (in the following diseooise) the proofii
given m evidence lor my lord's bciay aam--
dered. But the reason of that rqietinfln wao
this, (viz.)
In the first account giv«& (in the
discourse) of the proofs for no^ lonFa
murdered, I had be^ more hn^ m my m
thereupon, than at firat I intendea to
been. And I waa afraid that thoaa naaBy «^
serrations upon those urochf might Uot oat ihm
remembran^of soiile wmM pacta of the
evidence. I did therefore thiidc that the Dea-
der would receive and retain a mieh bottev i&-
focmatioa oi' those proofs, when the
of those proofo was contraotod iota fowcr
And therefore from page 120 to 149 1 l^re
peated the atthstancey.of what had been mr
laigely expressed, ia^proef of the mwadcr a#
th^ noble lord and great palriot Arthur eod sf
BISHOP BURNETS HISXOKY, GBABfiSD«
THE ri^bt honourable Arthur earl of E
was committed to the Tower the 10th of July,
1683^ by virtae of a warrant irom Secielaiy
Jenkins, which warrant ran as foUqwc^ :
' Sir Lionel Jeiddns, knt. of his Mi^esfy 's moat
^bao. Prfvy-Council, andprindpaiSecre-
'taryOfStatCi
' These are in has Miyes^'aBaitteto wittaad
1241] STATE TUAU» 9B Chjui^s 1i. l684U-:/br b MMmemiet. [if «{
* person of Arthur earl of Essex, herewith sent
'you, being coimnitted for hig^-tieason, in
^ coBspiring the death of .the ki^ (whom God
* preserve) and conspiruig to lev^ war against
* us Majesty. And him, the said earl of £s-
* sex, to keep in safe custody, until he shall be
< deliTered by due coarse of Law : and for>80
< doing*, this shall be your warrant. Given
' * under my hand and seal, at ^ bite- Ball, the
* lOt^ day of July, 168S. L. Jenkins.'
* To Thomas Cheek, esq. : Lieutenant of
* his I^jesty'B Tower of London/
The first naghl his lordihip lay at the said
captain €he«ib's ; but the next day was re>
m07ed to nuyor Hawley's (then gentleman
porter of the Tower) and the t^o wavdera, then
placed upon his lordship, were Nathaniel lAon-
<lay and Thomas RusseL ; one of theae was to
stand for two hours at mv lord's chamber deer,
or in his chamber, and tbe other at the stair's-
Ibot; and thus by turns.- Paul Bemoiy (a
Frenchman, and pretended Prote8tanl)waathen
my Wrd's yaiet de chamhre, and he was per-
nitted to be with Ins lordship, and no other
servant of ny lord's permitted to csme into
my lord's ehamber. At m^or Hnwley's my
lord continued IVom IVednesdav, the 11th of
July, to Triday then nsxt foAowing, when,
about nine of the claek, his loi^hip was found
with his throal eul, through both jugulars, and
arteries, even to the very neek Mae. The
nesBt day, being Saturday, die coroner's jury
sat, anil before them were sworn the afore-said
FmH Bomeny, the servant, Thomas Russel,
one of the saui warders, and two surgeons;
whose four Informations are here printod, ac-
cording to what was that very day printed, by
poblie authority : but the printed information of
bomeny, essentiaUy differs from what was
written by Bomeny himscAf, and by lum deh-
Teied to the i^orener. And thai mfomution
Bomeny was sufieredi, by the coroner and
yujj to writo in the next room, to tbe oosener
and his jury ; and, in that very next loem,
there were several jpevssns wilb Bontei^, pre-
pared to instruct him, m forrin^ his ittnmaa-
ttoo ; and aiso those tutors thn instrtieted tbe
ceranar haw to manage his jmy ; for when
flame of tbe jury insisted upea seeing the
cloolhs^ in which my lonl wna nnk found dead,
tbm eoosaer was thereu^n eaUed into- thai next
jrooBA^ aBd4 returning to the jury, then told
them. It waa the b^y, and net the dosths,
which they were to sit wpm ; the body they
kad seen, sttd that was suAeieal. Thw was
awain by soma of that jmy»befora the assrct
coaMuilteeof bnods. An4 when several siT tfie
jmjlm ▼ pwvwvxr Mr uiv ^wawmTy wim* m^^ miEiiw
ai^anm, this infuisitiaa until Mondagr^^andin
tba meantime my fauly Ejmmk, and my Ised's
arlatisas, might have antiee of tlmt ad^sana-
ment ; so that if they could prove any thinr in
§mmti of say lard, to pravanim maurderea by
nlfcam» rtash esidss» might be heard. Tkme-
aipsft miQQt Hawlsy unma oat of the asat
voQiDi aad then ^reisiidndy that loaf Chirias
had sent an ei^ims for theism inquHitioBi,
and that bis majesty had deehred he wouU
not rise from council until that inuaaiitiea
was brought him. But mi^oc Hawley be-
in^ asked by the secret oommitlee who was
this express, that pretended he came from the
kio^, and thus hurried tbe jury into their in-
quisition. The major declared, that be knew
of no such express, and that he never so in-,
formed the jury, and thai he was^ not near die
jury, at that public house, where they consi-
dered this matter all the time oi that mquiry :
but several ofthe jury swore it upon mm. dot
none of those tutors, in that next room, were
brought before the coroner's jury, by them to
be examined. And all those beiore- men-
tioned informations, are here printed : ,bnt be-
fore I shall give you those informations, I think
it proper to mention what measures were taken
to prevent the coroner's jury from receiving all
that information which was necessary to be
^ven to them, in order to their making a just
jud^ent, of the true manner of my lord's
deatii.
All men know, that when a person is found*
and by a Tiolent death, destroyed, in a place
#here the body may remain fcafe, that the
body ou^bt to jemam in that Tery posture^
wherein it was first found dead, until the coro-
ner's jury (who are to make inquisition into the
manner ofthe death) have seen the body. But
in die case of this noble, but unfortunate' ked,
and great patriot, the case was otherwise ma^
naged; for, on the very day my lord was
murdered, mi^or Hawley (at whose house
w lord lay) ordered the body to be stript, and
all the deaths carried away, and both the
chamber and doset (in which thabody lay) to
ba washed.
This was dons to preveat the corsner's jarr
from disQovarii^ the true msnoer of my IsrA
death: for had the body oontinaed in that very
pestmre, ia which Bom«iy, (my lord's valst)
snd his two waideM, first ptitoaded to have
found m)r lord desd» thst very posture, aad to*
aether with the deaths he wore, wfaea mnr*
Sored, weald have proved, even to a desssn*
stratioB, that his lordship waa bavbaioady
murdeM* And of this, I bdieve, tfaeissder
will baesBvineed, vrhen I shall here vriate haw
thslservaat, and thssa watdsf% first dedsitd
wj lord lay, when those his atftendaats first
pretended to have found him dead. And! shell
BMBlisa these signd marks of vielenee, to he
disearered firom sosae part of his ilsaths ; bati
shdl first rdato how the eslroner's jary wtta
BMBSged, to preveat a true aad jest iaquarition.
On iM aext morning after my lord's death, the
dspatr osioaer, and ais jairy , eame to my tord%
dmmber, aad there lay the body stript, aad aS
his doaths csfriedaway, and eoly a sheet oew
aU ik» body,.e]K»t the head aa<l nedk, wiMsa
the large eat might be seen; aad^thaiasmaai
ofosstwefe washed dean franii the btosd. Aftv
die coroner and jury, and two amveoas, heist
after meationed, had once viewed tne body, the
ooroDer a4i<mnied the jury, to a public-house
1243] STATE TRIALS, sSChaklbsII. l6S4.-.Tri«/^
in the Tower, where* the mid Bomeny and
Russell, and the two surgeom, were sworn and
examined. •
And the coroner, having sworn Bomeoy,
he^an to take his information in writings, and
the coroner had writ as followetli, viz.
* 'Rie Inforn^ation of Paul Bomeny saitb,
That the earl of Essex, on the lltli instant,
did s|)eak to this informaut to bring him a
penknife, to pare his nails, but the informant
could not then get one. The earl of Essex
called to him again on Friday the 13th instant,
about eig1)t of the clock in the forenoon, did
again speak to this inlbrmaat to bring him a
pen-knife, to piffe his nails; but this depo-
nent telling him that he had not one, bis
lordsh^ commanded him to bring him a
razor, which he did accordingly; and then'
his lordship walked up' aud down the room,
scraping his nails witii it, aud this informant
then len him, and eoming about half an hour
afterwards up into the bed-chamber, found
his closet*door fast ; whereupon this informant
knocked at the door, and called, My lord, my
lord ; but he not answering, pushed the door
a little open, where he did see his lord lying
all at length on the ground in his blood, and
the razor near hiiu on the ground. And far-
ther deposeth. That he hath not any papers
of his ionics, nor doth know where any of his
papers or writio&rs are: and also, that on
Thursday night uist was very merry at sup-
per, and did not seem to be discontented the
next morning.'
The above Information is verbatim^ as the
coroner took it from Bomeney 's month, and the
coroner, upon his oath, delivered this Informa-
tion to the secret committee : but the coroner
did farther (upon oath) declare, That he [the
coroner] proceeding to ask faitber questions,
Bomeny began extremely to hesitate, and
(hereupon desired that himself might ivrite his
own information, which was accordingly
granted, and the said Bomeny was thereupon
suffered, by the coroner and bis jury, to retire
from the coroner and jury into the next room,
where several persons were ready prepared
to assist him in forming his information ; and
kaving temained in that next room a conBidera>-
Ue time, he then returned to the coroner and
jnrv, and brought an informataon r^uly writ,
ana here-under printed and remarked, as it
was first* delivered by Bomeny to the coroner,
and afterwards altered hs the coroner in one
place; and afW that, and before it was printed
bv die then secretary of state, or some under
clerk in some other parts of that information ;
ftr the coroner, that very Saturday, carried the
inquisition and informations aforesaid, to the
■aeretary's office, and that Saturday night they
were prmted by authority, and published the
Monday morning following. Bomeny's se-
cond InformatiQn, with piyper remarks^ is as
ftDowetb: viz.
imSpdUf
The Infobmation of PAUL BOMENY, Ser-
vant to the late Earl of Essex for about
three or four Years now lasl past, taken
upon Oath, the 14th day of July, 1683,
Anno Regni Caroli Secundi, Dei Gratia
Anglise, Sootise, Francite, et llibemiK,
Regis, Fidei Defensoris, &c. Tricesimo
quinto, a* n. 1683.
* Saith, That when my lord came to captain
Hawley's, which was the Uth instant, my
lord of Essex asked him for a penknife to
pare his nails, as he was wont to do, which
this informant answered, being come in baste,
he had not brought it, but he wonM send for
one.; and accordingly sent the footman, with
a note for seveni things for my lord, amongst
which the penknife was inserted, and the fMt-
man went and gave the bill to my lord's
steward, who sent the provisions, but not the
penknife, and he told the footman he wonM
get one the next day. When the footman
was come, my lord asked if the penknife was
come? This infonnant answered, No; bnt
he would have it the next day. And accord-
insrly on the 19th instant, in the morning.
ore my lord of Essex was up, diis inform-
ant sent the footman home with a note to the
steward, in which, among other things, be
asked for a penknife for my loid. When the
footman was gone, about, or a little after
eight of the clock, my lord sent one Mr.
Russel his warder, to this informant, who
came, and then he asked if the penknife was
com.e ? This informant said, no, my lord, but
i shall have it by and by : to whicn my lord
said, he should bring him one of his razors, it
would do as well ; and then this informant
went and fetched one, and ^ve it my lord,
who then went to pare his nails, and then diis
informant went out of the room into the pas-
sage hs the door, [on Friday the 13th in-
stant]* and began to talk wiui the warder;
and a little white af^ he went down stairs,
and soon afWr came the footman with the pro-
visions, and brought also the penkmfe, which
this informant put upon his bed, and thought
my lord had ao more need of it, because he
thoi^t he had pared his nails, and then this
informant came up' to my lord's chamber,
about eight or nine in the fbreiKwn [on Friday
the 18th in8tant]^with a litde note from the
steward r where there were three lines writ]f
but not finding his lord in the chamber, went
to the close stool closet door, and found i^dl1lt,
and thinking his lord was busy there, went
* Note, what is here printed within these
crotchets [ ] was not m the original, bst
added after it was delivered by the coroBSr Is
the secretary.
J The fiist ofthese two sentenbss, vHifeh are
adedintfae[' ] wasinteriuwd in anoAcr
hand; and the othfir WM {aft vul in tiM priMsi
IM31 STATE TRIALS, S6 CHARLES II. I6ft4*-/i>r a Mbimeanor. [HAS
dowI^ and staid a little, and cam^ up again, | The iNFOutATiOM of ROBERT ANDREWSp
thii&ing bis lord had been come cot of the
closet ; and finding bim not in the chamber,
he knocked at the door with his finger tiince,
and said, my lord, but nobody answering, he
took up the hangings, and looking through
the chink, he tiaw blood, and part of the
razor, whereupon he called the warder,
Russel, and went down to rail for help, and
the said Russel pushed the door open, and
tbei*e tbcv saw my lord of Essex all along the
floor, without a perriwig, and all full of blood,
and the razor by him. And this deponedt
farther deposeth, that the razor now showed
to him, at the time of his examination is the
same razor which he did bring to ray lord, and
which did lie on the ground in 'the cbset by
my lord,* ♦
The iNFORMAtioN of THOMAS RUSSEL,
one of the Warders of the Tower, who had
the custody of the Earl of Essex, taken
the 14th day of July, Anno Regni Caroli
8ecnndi, Dei Gratia Angliee, Scotia?,
FrancijB, et Hibernia, Regis, Fidei Dc;
fensoris, Sec, Tricesimoquinto,A. d. 1683.
Saith, *That on Friday the 13th instant,
about eight or nine of the clock in the fore-
noon, he was present when he did hear the
lord of Essex call to his man, Mr. Bomen}^
for a penknife to pare his nails, and then for a
razor, which 3Ir. Bomcny brought him, and
then my lord walked up and down the room,
scraping his nails with a razor, and shut the
outward door. Mr Bomeny half a quarter of
an hour ailerwards, not finding my lord in his
bed chamber, went down stairs again, believ<
ingmy^lord was private in bis closet: Bo-
meny came up again about a quarter of an
hour afterwards, and knocked at the door,
then called, my lord, but he not answering,
peeped through a chink of the door, and did
see the earl of Essex lying on the ground in
the closet, whereupon ne cried out. That my
lord was fallen down Mck, and then this in-
formant went to the closet door and opened it,
the key being on the outside, and then did see
roy lord lie on the ground in his blood, and
his throat cut.'
•
The Information of ROBERT SHERWOOD,
in Penchttrch-street,Chinu'geon, taken the
14tb day of July, Anno Regni Caroli Se-
Gundi, Dei Gratia Angliie, Scotiae, Fran-
cis, et Hibernian, R^is, Fidei Dcfcnsoris,
&c. Tricesimo quinto, a. d. 168S.
Saith, < That he hath viewed the throat of
^ the earl of Essex, and doth find thai there is
* a lurfe wound, and that the Aspera Arterias,
* or wmdpipe, and the gullet, with the jugular
* arteries, are all divid^, of which wound he*
* oertaialy died..' . ...
of ^ Crutched-Friars, Chtrurgeon, taken
upon oath the 14th day of July, Anno
Regni Caroli Secundi, nunc R^^, Ang-
li», &^. Tricesimo quinto, a. d. 1683.
Saith, < That he viewed the throat of the
< lord oi' Essex, and doth find that it was cut
* from the one jugular to the other, and through
' the wind- pipe and ^nllet, into the vertebres
* of the neck, both jugular veins being also
* quite divided.'
The substance of these Informations, ia
short, is this, viz.
* That the earl of Essex called for it penknife
' to pare his nails, *but the penknife not beings
* reAciV at hand, his loi'dship desired a razor^
* which was delivered to him, with which razot*
* his lordship retireil into bis closet, and locked
< himself in ; but soon after the closet door wair
' opened, and that lord there found with hia
* throat cut, through the gullet, and both jugu-
< Inrs and arteries, to the very neck bone, andl
* the razor (as before delivered) lying by him«*
Tiiese Informations thus published Dy au-
thority, upon Monday next after mv lordV
death, I carried to Wanstead, mx roilea from
London, and there read them to one Mr. Evans,
then an head-searcher at the Custom-faoufff^
and tbereiij^on Mr. Evans told roe that tbey
had sworn false iii' relation to the razor's being
found by the body, in the closet, when my lord
was (as pretended) fii-st found dead, for, said
he, a bloody razor was tlirown out of my lord'ft
chamber window, before it was known to any
out of the liouse that my lord was dead, whIcL
razor one William Edwards, a boy about thirr
teen years of age, endeavoured to take up, but
a maid came out \ of Hawley's house, where
my lord lay, and took up the razor and ran up
stairs with it, and immediately cried out very
loud, murder ! murder I and this was the first
time, and the first occasion of my lord's death
bein^ known to any out of the house. Upon
heanng this relation, I declared, if this account
of the boy was true, what was sworn before tha
coroner was false, and then my lord was mur-
dered : For, ^
No man erer swore a lie, if a truth wouU
serve his turn. And, ^
No truth needs a lie to support its credit.
And,
Whosoever swears a lie, doth it to conceal a
truth.
And I then declared that I would enquioa
into that matter, and therefore I then desired
the said Mr. Evans to inform me where that
young Edwards lived. Mr. Evans told me he
lived m Mark-lane, by the Tower, and that his
fiither was there weU known, having been many
years a Custom-house officer.
When I came to town that Monday, about
3 in the afternoon, I did inform some friends of
what I had, as before, heard, relating to my
lord's death, and I then declared that 1 would
endeavour to discourse that boy, and his pa-
U47] StktE TRtAtS^ S6 CMAttlt IL l6U.^1»a 0/ B^Uvk mi Spek, [m
l^ntB, feMoe to ^t ■niter. Bui all ny
liieiMls, tbtts by me inftmned, dien dlnoHiadea
me from farther meddling in, or diiootirsiBg
either the boy or his parents in that afiair ; for»
said my friends, the kin^ and doke of York
went to the Tower before 6 that ^egr morning
my lord died, and therefore if my lord was
murdered, those persons^ and that interest
which were tlierein ooncernedy were too power-
lal for roe to engage with, and I must expect
nothing but ruin, in my fortune at least, if not
murdered in ray person : To ail which dis-
auasives I generally then answered to this ef-
iM^ viz.
That I was not ignorant of the gi^eat dai^ger
mhich attended me in making such enquiry,
hut if no man did stir in that, inqnisition, and
that noble lord's death was universally believed
to be procured by himself, then the probable
consequence of such an universal belief of the
i(pretended) self-murder, might oocaaicm the
murdering many more noUe lords, and other
worthV patriots, whom tbe^ then had, or
should take into custody : For it was but to
pkce over sadl (intended victims) periidi<Axs
warders, as would pegure themsdves, and con- '
«ent to penaitsncn murders; and tben those
in gi'eat power, for great rewards, and promised,
protection fntn justice, mifi^ht procure bloody
travoes enough, under such great cncourage-
meots, as would murder our best patriots in
■•ach a manner, as their employers and insttuc-
ters should think naost proper for imposing
upon the worM the beliet* of self-murder ; in
eider to which tbose prepared aad treadkerous
warders (their immediate attcfidants) should be
pre-instrocted to swear, before the coroner and
jury,, whatsoever their tutors should think the
most probable to make those juries, to find such
j^risoners feloes de se. And by the repeating
«icb treacherous and cruel practices, some of
^wr best patriots might be murdered. But
if those poweiM and bloody enemies to our
Chnrah and State, found themselves exposed,
for diis instance of their treachery and cruel-
ty, they prebaUy m^bt be thereby discouraged
vom rqieating the like barbarity noon other
f^reat patriots. And therefore I would chear-
ully expose myself to the greatest dangers, §oif
those three following great and good purposes,
(via.).
First, For the exposing (though not other-
wise punishing) that mighty man, who was
ibe pnnoipal author of tins murder. And,
Secondly, Thereby clearing the name and
Amily, of this noUe lord from an infamous
imputation of self-murder. Abd,
l4i8tly. For the preserving many more of
our greatest pillars (under God) to botli
Church and State, from such complicated
cmehies, as destroyed their persons. Masted
their memories, cast a refiectioo on their la>
milies, and forfeited all their personal estates.
Being ikus resolved to ntiake ensuiiy into
-ihis matter, I went that very MondaT to sir
Henry Cs^l (afterwards lord Capcnl, and
lirother to the carl uf £»ez) whom 1 IowmI at .
mv lonTs fasvse, in St Jaracs^s-sqane) Itki
informed %tt Henrj of what I had heArf,€Qih
cenunjf the throwing out of the Uoodj nuor
out of my lord's chamber window, Wforethe
death of my lord was kbown to any ostof tbe
houoe, wLere he died, and that the maid, wbo
carried the rasor into the house, ran sp to nj
lord's chambeTy and then cried oat, noider!
murder! And, thereby first <fisoavered nj
lord's deeth to those out of the boose. I thai
told sir Henry Capell, that, if thb idstion «f
the bdy was true, what was 'swan by Bomesj
and the warder before the coroarr(M toAe
razor's being firand locked into the climl viA
my lord's body) was false; and if siylonl's
servant and warder had sworn fidse to prerc
the (pretended) self-iqurder, it was to coneoJ
some truths, which (if discovered) waold biTe
proved his lordship's being murdered l^otken,
For,
No man will sweiQr a lie, when a truth vffl
senre his turn, And,
No man swears a lie, but to conced atratt.
For BO truth needs a lie to support in crediu
I fiien informed sir Henry thatl myadf kii
not spoken with that boy or his ftitber, but dat
I would readily go, with any person, whomsr
Henry should onler to go with me,todisoeiim
both tliat boy, and his parenta, apoo the nh-
tion aforesaid. Sir Henry (after some &lk9
discourse) was pleased to say, that;
The then enquiry into that matter w» tw
big for him to be concerned therein.
vVhereunto I replied, that.
Nothing was top big for the truth.
And that I myself (under all hazards) «OD]d
go and discourse both that boy and his pareots,
and if t found they would swear «1iat was 10
reported, I would tben apply myself to sooie
magistrate, to take their inrormations.
Accordingly that very next Tuesday nwra-
ing after my lord's death, I went to Mr. Ed-
wards^s bouse in Mark-lane, to whom I smb
told the occasion of that visii^ and desired BIr.
Edwards and his family to give a very true re-
lation of what the son had reported that Fribj
morning, relating to his seeino^ a bloodv msr
thrown out of my lord of xlssex's cuanber
window, before my lord's death was know ^
any out of the house where my lord died.
Thereupon the old Mr. £a wards wept, srI
said that he should be ruined by that report*
But I r«p]ie<l, that my lord's father had stf-
fered death, for his fl«J in his mi^eafj^ ia-
vice, aad that his son (tiie eaii faiBMeif) hid
been employed in great posts of ^^Q"*!!^
trust. And therefore if my lord was munW
by others, none, (m probability) woold le *
zealous fbr a discovery of that matder,asfi^
king himself, from whom Mr. Edwarda mi^
hope for protection, from all other po^
After some fhither discourse to that eMt V-
EdwaMb, his wilb and daughter, gave id**
fUl aeoomik of what the as* repomi, «^
as faeretumed frsM the Towier, ikftwmm
of my )or#s death: But tha(tfaaiy,l|MB in-
formed moy thattheboy himself wpi w '
U49] STATE TRIALS, 56Chablb8
»ebool« fnmi whenee he WoaM retnm aboot
11 o'clock: whcrcUpOD, I told the perents
that I woilla be at their house thut afternoon
abont S o'clock, ami I did then desire these
parents that the bQy m^t be kept at home, so
that I might hare an opportonitY to discourse
the hay himself. Acooroingly that afternoon
I went affain to. that hoose. As soon as I came,
the motner and daughters informed me, that
the boy bad-denied hisbanng' seen that bloody
rasor thrown oat of my tera's chamber win*
dow. t then enqniied whether the boy had
denied it before l had been there; and the
awther and sisters attdedared that the bo3^ did
aot deny it, until one of his sisters (in a
thfeatenmg' manner) told ^ him, that he would
be hanged, for what be had, as before, reported,
leUtinff to the bh>ody razor's being Uirown out
flf my mrd of £ssex*8 chamber window, and
that bis fother wouM be turned out of U* pbjce
in the Custom-house^ and that all his ftundy
ivould be thereby rmiied. But I then dewed
that the boy might be called into tiiat room,
where I then was with the mother, sisters, and
■smc other fiiends and rdatwns ; and I then
and there discoursed the boy conoeming the
Mtture and sinfalness of lying, and paHioniaiiy
in relation to his lying in the' matter theyi in
«inestion, and I then UM the boy (then aboot
Id) thai if my kNid was nurdeied, and he
fcnew any tbinff relating thereunto, wbieh
tend to the discovering that murder, if
lie did not reveal it, (m order to tbe punishing
those murderers) he hecaaae ^in effect^ a pro-
lector or skroen to these murdenrs, ana thereby
Irighly erimiwd before both God and man. 1
then aahed the boy, whether he did remember
lie had read in the Acts of the Aposttes, that
Ananias and fiapbira (husband and wife) were
•track dead for teBing ol a lie.
The boy told me he remembered that pas-
pi^ I then told him, that God was still the
same lover of truth, and now hated lies as
much as he did then, and could, for lyinsp, in-
ilict the same suddo) death upon him, if, in a
caae of this consequence, he told a lie. I
.therefore charged him to speak the very truth
in relation to what he had, aa before reported;
.nod if that report was a lie, he should then
deny it, and never mote report the same ; but
if k was true, he should neither be alraid or
natianned to ^eak the truth: The boy then
cenfossed that what he had reported eonoem-
ing die Moody racer was true, and that his
Bister by great threatenings, as oefore rebled,
Jiadlcighted him intoacwnia], but he would
ever aner confess what he had as befbre ra-
norted* And one of hie sisters did then oon-
1ms that by her threats she made him deny
what (aa befone) he had reported.
The nett day I draw up, in the form of
tm informatfon, what the hojr and his mother
0O«ld swear relMiAg to the pwmism, and
^l%at I writ, rditfuigto tfiepranists, herein
Mows.
YQu rx.
n. lSd4.-/or a Miidemeafwr. [1250
The iMfoufATioN of WILLIAM fiOWARDSy
second son to Thomas Edwai^, of tbe
parish of AUhalkms, Barking, ^Loadoni^
taken the 18th day of July, in tbe 35th
year of the reign of our sovereign lord
king Charles the 9nd, a. d. lC8d.
VSaith, That the informant on Friday the
13th of this instant July, as he was eoing to
school with bb .brother Edward, be henrd
that his majesty and his royal hicrhness the
duke of York, were going to the Tower,
whereupon this informant left his brotlier,
and went to the Tower to see his ruajesty and *
his royal highness ; and when this informant
had seen his in^es^ and his royal highness,
this informant about nine o'clock in the
raomiug, the same day^/Went to see my lord
Brandon Gerrard's k)dffingB, and as this in«
formant was standing almost over against my
lord Brandon Gemird's lodgings, between the
lord Gerrard's, and the lato lordof Essex's
kidginfifSj this infonnant saw an band cast
out a bloody razor out of the said earl of
Essex's lodgings ; and this informant was
gdng to take up the said razor, which he saw
pu theground to be bloody, but before this
informant came to the razor, there came ^
maid running out of captain Hawley's house,
where the said lord Essex lodged, and took
uji the said razor, which she ctfried into the .
said captain Hawley's house: and this in-
formant believes, that it was the said maid,
whdm he fint heard dry out murder ! Aim{
this informant further saith, that he heard
the same maid say, to some which were
about the door, after the murder was (as
above) cried out, that sl^edid hear the lord of
Essex groaii thre^ timea that morning.
The iRVORMATvni of Mrs. EDWARDS, wifo
to jThomas Edwards, 5rc«
<&huth. That about 10 o*ck>€k inthemora-
my, on Friday the 13th of this instant Juljr«
this mformant'a youngest son, William Ed <
warda,a^ abont 13 ywa, came trembling
to this mformant, ami in great amazement
and horror, told this informant, that the edrl
of Essex had cut his throat in the Tower ;
and farther said, that be the said William
Edwards, in the monnng about nine p'clock,
did see an band cast a razor out of the stiid
lord of Essex's lodgioK window, which razor
he saw on the ground to be Moody, and the
said Willbra Edwards was going to take up
the said razor, but before he came to it, there
came a maid numing out of captain Hawley's
house, where the said earl of Essex lodged,
and took up therazor, which ^e, the said maid,
forthwith carried into the said captain Haw-
ley's house, and soon after he the said Wil-
liam Edwards heard her, as he tbe said Wfl-
ham Edwards did believe, cry out naurder !
And this informant farther saitb, that tbe
substance of what the said William hath
4L
1^51] STATE.TRIALS, 36Chaiilbs IL l^4^.-^TriqlofBraddon&ndSptke, [{in
' sworn in bis iuftn-mation, be the said ViiX-
* liaiTi Edwards, on Friday last did declare to
* iliis infovmant^ aod her whole family, sevecal
* tiinei» attesting^ it to be true, and several
* times since.' *
llsis the hoy declared jiC was ready to attc^st,
but'ttnding' several justices of tl>e peace un-
\viiliii>^ to take any iuformadous therein ; 1
thouj^ht it proper to carry these informations
to lite thtn earl of Sundorland, then secretary
bf state. And accordinjjcly, ttpan Thursday
the lc3th <Tf July,, about four o'cloct, 1 deli-
vered these ififormations of the boy and bis
mother, to whom the boy had* discovered it, as
^oon as Ire came from tne Tower. My Idrd
Sunderland seemed much surprised, and after
some pause, told me, that I sboi^ld bring the
persons (who were not then with me) the next
morning', and if it were proper, he would take
their depositions. The next morning, about
nine or ten o'c'ock, I went with the boy atfd his
sister, (the mother not being well) to whom
ttie boy had likewise, as soon as he came from
the Towev revealed what he had (as before)
seen. As soon as I came t^ the secretaries
ofiire, I sent hi» lordship word', that according
to his lordship's oitler, I did attend. Imme-
iirately upon wliich (before myself, or either of
the informants were examined) Mr. Atterbury
tlic nicsyenger came to the office, and took me
into custody ; the only instance where 9uch as
ramfc Co ;^ive information, on the behalf of th^
kiusf, were so treated (before any accnsatioti
a;^ai)TSt them) and some short time after, thus
in custody, I was called in before the then king
and council.
The first question, (by his then majesty)
asked, was, what made me eni^uge in that
matter ? To which I answeretl. That, I was
altogether unrelated to, and unacquainted with
tliat honourable family ; so that there lay no
;norc personal obl^tioD upon me first to move,
titan upon any man whatever, who might have
met with the like information ; but it was my
love to truth and justice first engaged me in
it ; and throu!i)^h the grace of God, my duty
thoi'oin i v^fluld do,^though death stared me iu
llie face every "step I made.
I cannot but here observe the carriage of the
then duke of York, who with a concerned
countenance, leaning his elbow upon the board,
covered his face with his band, upon which I
did immediately tmagine, tltatsouic what within
did more trouble him, than all the trouble frotu
without did me ; for though 1 stood as a sup-
posed criminal, I had reason to guess some
lod^y eioc was the real one. I did then observe
to his majesty the incoherence and contradic-
lions sworn l>efore the caroner by Bomeny and
Kussel, who were the persona that pretended
to prove the self- murder before the coroner ;
upon tvhich his highnoss called for |hose infori-
^nations, but said nothing in answer : his mar
jcsty then took them, and said as little ; but
the then lord keeper North; bavin? read tiieni^
went altout to reconcile those incoherences and
{f^at^-aiU^tioiw ; t^on whi^ I did objeet against
what his knndship said, as insufficient, aod fur-
ther ui^^ the oDJections I bad before nnde.
His loi'dsliip se^nsed very angry that I made
tliose reflections ; but, with subinissioa, I think,
by ' printing the coroner's depositions, every
man was in some sort appealed to, whetiier
what wtis so sworn, and printed, was not sa£-
Ctent to induce every impartial person (forsQch
the coroner and jury ought to have been) thst
the earl ■ of Essex did indeed cot his ovs
throat; and the printing those ^at iaoo-
herences, and contradictory depositions, ar^wi
as great impolicy in the authority that (Mib-
lished them, as the deposing them did vilfuny
in the informants, or the believing them wut
of understanding (not to sav honesty, inte-
grity and impartiality) ia the corooer, sad
most of the jury. Aiier some time spent in
the examination, I was ordered to withdraw
into the secretary's office, and repeated srden
given by the then king, that I should be kept
close (perhaps that I might not bear the b«j,
or liis sister examined) the boy ^ras th»
called in, and at first (as i was afterwards inr
formed) did not deny the truth of bis iofar*
mation ; but being not then past 13) inl
frighted by being before so great authority, he
wept ; upon which his tiien majesty stroked
him upon the head, and said, did not you
invent this Jo excuse your truantiDg ? Tt
which the boy trembling, answered, yes (tbii
the boy declared at home after his examiiu-
tion). Then the sister was called, who da>
dared how the boy, upon his first coming fron
the Tower, bad informed her as before at
forth, and though ^ter threatened to be whipt,
never retracted till Tuesday, when I faaHog
been there, his sister had frighted him iota i
denial, which as soon as I came the seoosd
time, he retracted, and stood to his first iofis-
mation, saying his sister h^d frighted him, and
told him he snould be hanged and bis father
would be undone ; the fear of which made hiffi
deny it,: she further declared, that she didre-
rilybelie\e lliey never knew or heard of w
till the Tuesday alter my lord's death, and tbt
I never did give, or offer het brother one fir-
thing, but still enjoined him to speak nothing
but the truth, (this the sister did after dedm
was the substance of her examinatkm.) iHkr
the sister's examination was over^ I iras the
second time called for, and told by my M
keeper, that I would have suborned fte'b^ ;
to nhich I answered, that I was well satined
of my innocency in, and abhorrence of alt sack
practices, which in this case appeared imposs*
ble, seeing- the relation of the boy was Kfetil
days before I ever saw or heard of the boT ;
nevertheless I was ready to give what hail 1»
lordship sliodld l>e pleased to comftiand; opoi
which I was ordered to ^ive bonds with tm
securities in 2,000/. a-piece ; this I did ^
very alternoon ; but the omission of the nodtf'
secretary, iu the form of these bonds, was Hi]
advantageous to me and my securi^ ; w
whereas the condition of all council-bopdiwaa
to conclude, * and ia the meaa tine tobsofthf
L
• "S
1233] STATE TRIALS, 36 CHAEtts II. igei.'-r/fcr A M«fcAiei«or. [lesa
good behaviour ;' tUifi <cUtQse in mine was left
out, by which my h*ieD(ls ^ere saved tVoiu tliat,
which otherwise would (lusyou will afterwanU
find) have ruined them. Standing' thus ujider
QfOOOl, 10 answer to an information of suborii-
atioD, I thought I was in self-justice bound to
ixiake whatfurtber inquiry I could, to strengthen
the boy's evidence. To which my iord keeper
(without the least colour) suggested, I did en-
cleavour to suborn tiie boy to swear. In this
inquiry I was daily hurrietl up ani) down, and
foond most people airaid to discover what they
knew relating to my lord's death. In a con-
stant search after many particulars relatipg to
tliis matter, (all which would Le too tedious
to repeat) I was likewise informed of a girl that
had also seen the bloody razor, as before,
thrown out of my lord's chamber- window ;
upon which I went to St. Katherine's, where
ike girl lived, and several persons beios pre-
sent, I took in writing what she could say
berein, and what her aunt and one Mr. Ghur
brook, to whom she related it as she came from
the Tower, could testify ; which relation was
as foUoweth :
Jiagost the 8th, 16|8d. The Information of
JANE LOADMAN, agetl about 13 years,
who did in the presence of these whose
ilames are here under- written, declare as
followeth.
• That the said Jane Loadiuan was in the
< Tower on Friday morning, the 13th of July
* last, and standing almost over against the late
* earl of Essex's lodging window, she saw a
« hand cast a razor out of my lord's m indow,
* and immediately upon that she heard shrieks ;
* and that there was a soldier by my lord's door,
* which cried out to those w'ithin the house,
* that some body should come and take up a
* razor which was thrown out of the window ;
* ivhereupon there came a maid with a white-
* hood out of the house, but who took up the
* razor, she cannot tell.
Witness * John Broom, Wm. Smith.'
August the 8th, 1683. Mr. William 61«s-
■ hrooke doth declare,
< That one Jane Loadman, aged about 13
years, inhabiting in the same house where he
the said William Glasbrook lodged, did on
Friday the 13th of July last past, between
the hours often and eleven in the morning, in
the presence and hearing of him the said
'William Glasbrook, declare to her aunt, that
the earl of Essex had cut his thi-oat ; upon
which her aunt was very angry with her;
whereupon she the said girl did declare,
that she was sure of it. For she saw him
throw the razor out of the window, and that
the ra2or was bloody, and that she heard two
'* groans, er shrieks ^wbich of the two words
«-she used, be the said William Gksbrook is
* not certain). Of this be the said Glasbrook
•^ is ready to make oath.
Witness. Willun Glasbrook*
JLoadmaA's Aunt, Maboaret S^MrrH.
About this lime J was ^informed, That the'
reiMirt of tiie earl of Essex's death was at Tuhx '
bridge, about nine of the ^-lock that very rooni> '
iog he died, when as mv lord's death Vas nut
known in the Tower till al>out nine : ^vhere-
npon I rid to Tunbrid<^e, but I found/the pert^m
very shy, and unvtilling to appear in the mat-
ter. I had no sooner returned to London, but
I was lold, the same report ^vas at Marlbo- '
rough, in Wiltsliire, ^about 70 miles' from Lon- '
don) the very mornuig of the carl's death ;•
whereupon 1 rid to Marlborough, resoUing to
trace the report as near as 1 could to the anther.
When I came to^ Marlborough, 1 met with ouu.
Jeremiah Burgis, whom betbre this I never te
my remembrance saw or heard of; who de-
clared. That the very morning my lord died,
he was at Froome, in Somersetshire, (abont 30'
miles from Marlborough an(l a hundred miles
from London) aud being there at flie Dolphin,'
he was informed that the earl of Essex had cut
his throat in the Tower. I did, desire Burgis
to write a letter to the master of llie house at .
l^roome, to inform me (if he could remember)
who it was that reported this at his house. I did
at Marlborough likewise speak with one Lewis,
i^ho did also inform me, * That about two of
the clock the day the earl di.ed, as he was riding
up Husbands- hiil, (about fif^y miles from Lon-
don) he overtook a gentleman, riding a. very
easy traveller's pace; tmi as they were dis*
coursing (»f ihc news in the country, the gen-
tleman said, he had heard a repoit'of the earl
of Essex, that he had cut his throat in tfas
I'ower : but the gentleman was altogether a
stranger to him, and therefore he could not in-
form me how or where to find him.' With
Burgis's letter T was riding to Froome: but
when I came within six mile^ of the'place, at
a town called Bradford, I stopt at an. inn-door
to drink a glass of cyder ; upon w))ich, one
Beach an a^mey, (notorions in his country
and generation) informed a justice of peace
then there. That I looke-i like a diaaflected
person, by wearing band and cuffs, and there-
tore in that dangerous time J ought to be ex-
amined, upon which, the justice came oat to
examine me, and there came with him one who
knew me, so that the justice seemed well satis-
fied : but Beach taking the justice aside, tells
him, That he ought to be more strict,. and
search me ; for by my wearing band and cuffii,
it was plain I' was disaffected to the govern-
ment, (of this I have been often told by some
then there) ; upon which the jostiec told me^
He must search me. -When 1 peroeivcd this,
I thought it proper to give the justice a parti«
cdar account of the occafsion of' my being ia
the country ; as also, what papers i had about
me, which papers- being read, after some de-
bate, and advising with tlie said Beach, he
made a warrant for my commitment, the fbrm
whereof, in the conclusion, was the most illegeC
J ever saw.
The Warrant ran in these words, viz,
Witts, s$, * To the keeper of his majesty's
< gx)alof Fishcrton-Aogerin this county, Or his
1255] STATE TRIALS, 36 Chmilbs IL iSH-^IHalofBradi&m «mI Spdee, [1S56
< safitci«Dt deputy, th^se* I send yim bert-
< withal Hie "body <]f Lawrence Bnuidon, appve-
( hended in the town of Bradford in die county
( ateresi^<l, this present d9nd day of Aufpiat,
< taken upon suspicion ef being ft (nngeroos and
^ ill- affected person to the goiverninent, and ibr
< refusinjf to give an account of his business in
these parts, and for having letters of danger-
« 008 consequence about him. These are 'there-
< foi-e, in th<^ kind's majesty 's name, to will and
« require you, I'Jiat upon sight hereof, you ve-
< ceive him the said Lawrence Braddon into
* your g^oi, and him there safely keep, (not
* permitting him to have pen, ink, or paper, or
« person to converse or sp«nk with him) until
* you shall receive further orders from his ma-
« jesty and privy council. Hereof you are not
<< to rail at your peril. Given under my hand
< and seal at Bradford, this fifid day of August
< aforesaid, Anno Regni Caroli Secundi' Angl.
< &c. 35. Anno Dom. 1683.*
. it was long )iefore I could prevail with the
justice to kt me hear my xrarrant read : but
when I told him by the statute, [SI Car. 2,1 1
would have a copy of it within six hours idter
\ was brought to gaol, he read-it to me ; find^
ing the conclusion to be so ari>itrary, I toM him
be conld not justify .his warrant ; which should
the jailor obey, I might be kept a close prisoner
dormg life. For f was not to be admitted to
■en, ink or paper, or converse, till the jailor
heard from the long and council, without which
I must perish in prison, without conviction or
t^ft^: 1 tM him that all such warrants of com-
mitment ought to conclide, * till he be discharg-
* ed by due coume of law ;> but the justice t(3d
me be would maintain the legality of his war-
rant, 1 was hereupon carried to gaol (about SO
milea distant from Bradford) where I found the
keeper ef more sense or honesty than either his
worship or .his cabal ; for there wore* several
nttomies ui the inn, when I was examined ;
(with whom Mr. Justice advised) for the gaoler
told me) that notwithstanding the strictness of
my commitment, I shouM diicours<' with whom
I wottM, himself bemg by, and write to whom
I would whilst Jie was present, and saw it
Thanking my keeper for this civility, I did
immediately demand a copy of my commit-
moDt, and writto London for my Hab«is Coi^
pas thereupon, which within some short time I
reoeived, and was brought to London to be
hailed ; but all the jndges being out bf town, I
was, according/as the slatuie herein directs, to
Id be carried before my lord keeper (North) ;
Init bis tovdsbip ordered the gaoler to bring me
hefbre him at the council that afbemoon ; as
0oon as I appeared before his lordship, my lord
neemedwdl pleased, at a topposed, bat mis-
taken advantage he thought to have had Against
Biy bail; Ibr his lordship smiling, told me, not-
withstanding he did not expect that I should
have had much regard to myself, yet he did
believe I would have had that jusi respect to
my bail, as not to ruin them by those new mat-
taw Hien to be hud to my charM. To which I
iDiweredy I knew not wherein 1 had prejudiced
my bail, of whom the ody thing tei|iiired
my appearance die then next term, whiefa (if
God permit) 1 would do, and tbersby indcm-
niiy them : No, replied his kwdsUp (snuliBg)
the good behavkMir was likewise reaoired ; n
notorious breach whereof appears in tlieae mat-
ters yoa stand afredi charged widi. I did horn*
bl^ appeal to the bond itself, and in it's ess*
dition no ^ood behaTioor was required. For
which omission his lordship was angry wiih
secretary Jenkms, who transfhrrad the Mama
thereof to , his under-secreCary. When his
lordship fbund, that by this neglect my bai
was slipt from his bands, his loraship was re-
solved to bold me fsst enodgh ; and therefiNe
demanded bonds, with sureti^ in twelve thou-
sand pounds, f<yr my appearance, and as modi
more security for the good bebavkMnr. 1 <fid
hereupon desire his lordship, that he would
consider the statute upon which I thai came t»
be bailed : and as that statute required, hta
lordship would oon^der my quality, and the
nature of my offence : As for the first, I was a
younger brother and my fiuher Itvin^ ; and as
to the second, the pretended crime, it wms of
the very same natnre with that under wluch I
stood bound with sureties in 3,000i. for my ap-
pesraace. My knd Keeper replied. That ae-
Gording to the statute, he did consider hath asy
condition and the offence, and regnbted hm
demands accordingly ; fbr had I bera aMcrman
of London, my Quality answerable to the crime,
for every 6,OOo7. bis loidship would have de-
manded twenty ; so that then I mus^havegiyeQ
80,000/. 4K>nds in bail and suretyship ; which
(to the bc«t of my remembrance) is -twice aa
much as I ever yet heard demanded of any
nobleman in England, though under « com-
mitment of hi^> treason. Whilst I was hefim
the council, I desired his lordship, that some of
those witnesses might be sent Rw not of the
country, where the report was of the earl'a hav-
ing cut his own ^roat in the Tower, hcfore hia
lonlship was dead. Upon which, one of the
lords of the council (to the best of my remem*
branoe, the then marqais of Hallimx) aaili
* Thia is just as it was in the case of sir Ednmid*
bury Godfrey.' Bat the lord Keeper, 1 immd,
would not send for witnesses to prove what hii
bosiness was industriously and oMreaaiwIy te
stifle. Not being able to eomoly with tbem
bard terms, I was remanded to Wiltshire jni^
But now, instead of bong seat back Co wSi*
shire, I was turned over to Mr. Atterbtiry iht
messenger, where upwards of five wedu, I ky
at no less charge than 4l and odd BMm^ per
week' directly, besides other eoJhilcnJ ex*
pences ; this bemg too gMt ibr my foifs ts
comply with, I was advised to ranaove mymUt'
to the King's-banch. And the then nmU torn
I waa baild ; whereupon I renewed nay mqni
ries after oMtny particulars rdatipg to mylardV
death, and I did then nndaaEroar «n ge4 the
names of most of the aoUiers upon dn^ in ike
Tower, that day my lord wft mnrdcredL 1 wm
in a c(«staat inquiry afW some of them : ftr I
had reasop by some infbrmatinn I hid neodTd^
mr] STATE TRIALS^ dfiCtf arlbs It MS4.-/<ftr a MUdmumcr. Il25i
he was ; biiite de|*roy Ait ouMpired cbacgie of
Mr. Speke, and myaof, agsimit those io whoM
cartody v v lord was (at tSe time of hb death),
the t|ien tango's ooansd said, that they wodM
give an account of the carles deatli, how he
to bcliew lh«t not a few ooniUUspeak, not enljr
to the throwmg e«l of Ike Moody taaor, hat the
vaaimg n the niiiaiis to my lord, and fttNSi
whom tbooeTilbiniw^re sent.; BntasIsmiAce
with any of those soMiers, I peroeiTed them
very shy, and denied to me, what they had be-
ibre freely oonfteed to their intimaiteaoqaaint-
jince; and aflerwards told their friends, thitt
ttie morning' after my lord's death, their captain
in die T6wer eommanded them, nnder severe
threateaings, net to dtsoorer what they had ob-
serred, in relation to the death of the earl of
Essex.
Whilst I was prisoner io the King's -bench,
I (with th^ rest of the king's prisoners) was se-
rend tim» searched ; but having still notice
some shftft time before such searcn, I convey-
ed aw^y liuch papers, as being s^sed, mignt
have tended to my j^jodice. But in sneh
hurries, 1 lost a Ust of soch names that eouki
hare d^clareil that which was not aUttle mate-
rial to this discovery.
In Hihnry terra, 83, Mr. Spdce and my self
were tried npon an Information ; die substance
wbeteof was, ' That whereas Arthur late earl of
< Essex, the 13th of July, (being prisoner in
* the Tower for high- treason) himself feloni-
* ottsly, and as a telaa of himself, did kill and
* muraer, and the day afW, was by the co-
* roner's inqnest so found ; the said l^awrence
* BraddoB^and Hu^h Speke, well knowing
* hereof, but oontrivmg, and maliciously, the
* gsvemment of onr wd b>rd the king, of this
Mug'doem of Enghmd into hatred, disgrace
murdered himself, and for that ther had
dood of wiUiBMCs (Speke and Braddon^
Tria^^llSO.) But when this clond.appeared,
it consisted in Major Hawley (at whose honae
my lord was murdered) Rusael the warder,
(who then kf'pt the chamber-door) Bom^
my lord's servant, (then attending on his lord-
ship) and lioydjhe centinel (who kept jtiie
outward doOr whilst mj lord was murdered).
Here are three (Monday being the fourth) of
, the men in whose custody my lord was, and
consei|uent]y (accoi-diDg to the information) the
very men, Mr. Speke, and mysd^ had con^
snired to charge with my lord's murder; and
tiiese very men, in whose custody my lord wes,
were like a ctond of witnesses brought to prove,
that those men, in whose custody my lent was,
did not murder his lordship, but that the earl
himself, feloniously, and as a fekm of htmielf,
did kill and murder.
How very ridiculoes wonUithave looked
should the then oonit, or king's oonnsel, have
thus spoke to those three witnesses, (vu.)
^ Gentlemen, yon (being three of the men in
whose custody my lord was at the time of hia
death) are designed tube charig^cd by the.. de-
fendants Speke and Braddon, with the Burder
of my h)nl ; hot we have thought it convenient
and just by you to prove, that yourselves did
* and contempt, to bring, Sec. did falsely, unlaws not murder this unfortunate lord, but that, that
* folly, malicionsly, mid seditiously conspire, lord himsdf, feloniously, as a felon of himsdf.
* and endeavour to noake the kinf^'s subiects be-
* ilene^ that the coroner's inquisition was un-
' duly taken, and that the said Arthur eari of
* Essex, by certain persons unknown, in whose
* custody ne was, was killed and murdered, in
* order to which they the said Laoreiice Brad-
* don, and Hugh Speke, dkl falsely, unlawfully
* fUMi unjustly, maUciouslj, and seditiously
* conspire, to iirocore certain false witnesses to
* prove, that toe said Arthur earl of Essex, by
* the^said persona unknown, was killed and
« mnidered.' Vale Trial, p. lldT, of tins Vo-
Inme.
Observe, The InformaliOB doth not chaige
us, for endeavouring to suborn false witnesses ;
because to prove Swt some money, or other
eoaaideration must have been prov«l to be of-
fered, or promised ; which they beinff not able
te prove, the information saith we did conspire
to pfdeme false witnesses. And yet, because
>subDffiatN>n would represent the matter most
"Miieus; in the title ya^e of the Trial, it was
•expsessokl, * Upon an Information of hi^h mis-
* demeanor, subornation, and spreading false
•* news.'
This Information charges Mr. Speke and
flSTsdf with fabely, unlawfully, malicionsly
auMlaeditionsly conspiring to procure false wit-
aipwffs to prove, that (the right honourable) Ar-
^«r, bte earl of Essex, was killed and mnr-
ilered, by persons unknown, in whooe custody
did kill and murder, as upon onlj^soroe of *
your depositions he hadi been already found by
the coroner^s inqinsition, do you therefore upon
oath byt purge your selves and lay this mor-
der to my lord's own door, and we will infUet
exemphury punudiment upon these defendants,
whose conspiracy tended to the cbargug you
as acton in it, or privy thereunto " '
I do humbly conceive, that all this waa vbr—
toally included in the examination of tfaoae
witnemes, whose oaths were not only admit-
ted to purge themselves, but to render ouch na
criminals as should endeavoor to chai]ge them%
Should the like be practised in protection of all
accased, (I am well satisfied) no man troolC
turn accuser.
If any shall say, these (bei^ the inen 9f^
tending on my kiri at the tune of his doMH
and his tordship then- a dose prisoner) are tka
persons to be presoilied privy to wliat w«s
done by his hmbhip just befote hv death, and
therelbie the parties which as u diat oaeU h^
sworn.
I answer, as they were the men which weM
to be presumed pnvy to what was done by his
kwdship just befoie Lis deaHi, bceause ^tb«gr
were the persons whpoe statieas were so netff
* Bomeny's-and Rvsssil's infhnnationr he«t
fore the coroner which are at laige herein bfr
fbie printed, aeepp; 1(44, l|45b
1559] STATE TRIALS, SGCharlesIL \6B4..^TrialofBraddonandSpek£»[\^
his lordsbip, fur this very reaion they were the
parties which -were iikewise to be supposed
privy to what was dooe to his lordship, just be-
fore his death; and fbecefore adroittiusi: that
hia lordship fell by treachery and violence,
these very men must be presumed conusaut
thereof. .Wherefore these mens' testimony
being in effect a self-discharge, ought not here
to hfive been admitted.
With all submission to that g^eat justice,
judgment and policy, which drew and managed
this information agaiuH Air. 8peke, and my
self, I think herein the managers of this pro-
secution extremely failed in their proof; ier
Mr. Speke, and myself, being accused with
falsely, &c. conspiring to chai^ge those in
whose custody my lord was, ,witn murdering
my lord ; the duty incumbent upon tlie then
king's (or rather duke's) counsel was to prove,
that we, or one of us, aid use indirect means,
by bribes, threats, or the like, to procure those
false witnesses ; and this (or ithatever else was
brought to prove this information) ought to
iiave been deposed not by such as appeared in •
court (in effect) with baiters about their neck&
to swear for their own lives; being virtually
told. This do, and you ^all live ; but in the
>jdayy«fail thereof, ye shall surely die: But
this mformatlou ought to, have been testified by
men who stpod recti iA Curioy which were nei-
ther themselves to be banged for murdering
my lord, provided they would not (by conse-
<|uence) prove he did mbrder himself ; or to be
not only saved, but well rewardcMi in case
they did (though contradictorily) confirm the
same.
As for all those witDcsses'which were pro-
duced against us, to prove any biibesorthe
like, r do suppose prejudice itself will not pre-
tend to say, that by the Trial ( v/hich none can be^
Heve sir George Jefieries would order partially,
in our favour to be printed) the least colour of
proof, is given by any.
That nation is happy whose government an-
swers the true end of governors, viz. * To be
* terrors to eyil- doers, and a praise to those that
< do well ;' but when once tais end is inverted,
and justice (or rather that which a corrupt
court falsely calls so) becomes a screen to male-
iactors, and punishment inflicted on those who
would punish them, then is that kingdom in a
much worse condition than it could be by the
state of nature. For justice thus corrupted,
would prove . as fatal to the body politic, as the
|M>i9oning all drugs, simples, &c. would to the
Aody natural.
Ihb by the perversion of all law and justice
would probably have proved our general fate,
had not God (in mercy) by the Rqvolution, re-
jnoved the source hereof. — But to return to my
trial, where I did expect all that the most in-
veterate and malicious rage could utter, and
therefore was not surprised wi^ all that fury,
and unjust inveteracy, that appeared in Jefferies
the then chief justice.
In this veidict I only am foimd guilty;
(could such a thing be possible of a eonspiracy
to procure false witneases.)— It was never be-
fore known that only one could coDuait a coo-
s|>iracy. For. the notion of a conspiracy I uke
to be tbe combining together of two or more to
do that which is ill. Upon this verdict Hf.
8(>eke was fined 1,000/. and (because thecMit
said I was the greatest criminal,) my fine wu
2,000/. and both ordered to give security domg
life.
But Mr. Attorney -general at the trial w»
pleased to 4I0 me the justice to say, that 8p^e^
letter produced at tbe trial was ten times watt
thau what 1 had done*
^vne witnesses (at my trial subpcenaed]
would have meniioneil several matters, rebtioi;
to the then duke of York's guilt, in rebtianto
this murder; but I found it wasatrttliiteD
great, which that court would not bear, aod
therefore thought it not proper to call tfaem, bat
left them till such a seascm wherein truth ia
this matter should not b^ prosecuted as the
highest oilence.
And this brings roe to the Proofs that have m
this case been taken in 1688 and 1689, bdoie
the Secret Committee appointed by the Utaie
of Lords. But before I do begin with the efi*
deuce it may not be amiss to give some shait
account how this case came before that right
honourable House, where it was occasnoiily
brought, upon the motion, of the n^t hfr*
nourable the lord Lucas, then gDvemor ot' the
Tower.
For the day before the convention sat, ric
the 2 1st of February * 1688-%, having a vanait
against several as suspected privy to, or eoi*
cemed in themurddr of this honourable patriot,
and amongst the rest against majw Hawl^, at
whose house my lord was murdered, and KiS'
sel the warder before .mentioned ; both which
belonged to the Tower: I desired a friend of
mine to acquaint the honourable govenior
therewith, so that these persons might be «-
cured . As soon as the lord Lu^a saw the war-
rant against these two, he did order them bodi
to he secured ; and the next day there was se-
veral depositions, with relation to my kird'i
murder, taken befiore^ustice Rolmis, whodat
very day carried, copies, of them to my hs^
Lucas; upon which, his lordship the very oeit
day mot^d the House of Lords for their M-
ships directions as to the disposal of fiawky
and Russel, and thereupon produced these ia*
formations Mr. 'Robins had before broogfat
him. Upon reading of these, the House cs-
teied into a debate of the matter, aod thea
called me before their lordships^ belbre whook f
gave a short account of what is as bdbn M
materially mentioned. After ' which, dieir
lordships constituted a more general Conuat-
tee, having several times met, there was a
close Committee .appomt^ ; the Order bt
which folk>weth : .
* This seems to be erroneously pot iofleal
of January. The Convention sat on JanntfT
2S, 1688-9. See 5CohbettV P^ Ifirtflrr,
p. 26. ^<
■ 1
I26i] STATE TRIALS, 36 Charles II. iG^i.^foraMiidmeanor, [I2ff2
mored for reviving thftt Committee ; which the
Uouse revived by this Order.
The Order for the close Committee.
Die Martis, 5 Februarii 1688-9.
* Lords Committees appointed by the House
* to be a close Committee, to examine and take
* Informations concerning the death of the lat?
' ear) of Es&ex, and have power to sead for
' and examine what persons they please, and
' snrh atfidavits, as have been already made in
' this business, as also for what other they
' please, in order to give their lordships further
' ligffat therein, whose lordships are to make re-
* port thereof to the House.
' £. Bedford.
' £. DEvoNsuiaE.
* L. Vise. Mordant.
* L. Delamere.'
* Whose loi*d8hips are to meet when, and
* where, and as oflen as they please.'
Before this right honourable Committee,
4here have been above sixty persons examine,
of whic}i most were exammed upon oath, and
many of these several times before this Com-
initiee, which ha^e sat above thirty times, and
several times adjourned, when other extraonli-
narv occcsions hindered their lordships from
talcing the t'epositions of such as then attended
to be examined. In May 1689, tbren of the
four lords of this Committee, viz. the earl of
Devon, the lord' Mordant, and the lord Dela-
mere, being commanded by his miyesty into
the country to purge that part of the army
vhich had mutined in the North, the earl
of Devon (being chairman of this Committee)
the 22nd of May 1689, brought surh deposi-
tions and examinations, as in tnis casd had then
been taken, into the Hou^ : But the House
not having time that day to read them, it was
deferred till the then next day. Upon the read-
ing of them (it appearing, that the earl of
Devon, the earl of !tfonmouth, and the lord
Delamere were as above at)seDt, for the carl of
Devon that very mornirii;- went into the roiin-
try, their lordships thouc;ht fit to suspend the
full expmination of the matter, till these three
lords returned. This appears by the Order fol-
lowing.
' Die Jovis, 23 Maii 1689.
' After reading several papers and deposi-
* tioDS relating to the death of the late earl of
« £s9ex, it is ordered by the Lords spiritual and
^ temporal in parliament assembled, That the
'* ooosiderations of this bnsiness shall be sus-
^ penned, until the return of the lonl Steward,
* the earl of Monmoi^th, and the lord Dela>
.* mete, who were of the Committee before
f whom they were m^de, and who are now in
*• the country in his majesty's service. . And it
* is> further ordered, That tne said depositions
/ and papers shall be sealed up, and kept by
' the clerk of the parliament in the mean time.'
* JoHN.BRowNEjCl.Par.' .
TbeseDepositions lay scaled up with the clerk
,of tbepariiameDt, till the 26th day of October,
vtrbeii their, lordships. of the Seci-et Comduttee
Die Sabbatis, 26 Octobris, 1689.
* Ordered by the Lords spiritual and tem-
' poral in parliament assembled, "tkat the Com-
* raittce appointed, on the fitth day of Fe-
* bruary, to take information ^concerning the
' death of the late earl of Eissex, be, and la
' hereby revived, to continue and sit as before.
* JoH. Browne, CI. Pari.'
Sereral other persons were now examined
before their lordships, who having finished
their examinations, they began io reduce those
depositions and examinations into such order,
as' to their lordships should seem most meet,
but this was notfinisheil, before the 27th daj
of January, when that parliament wsls pro-
rogued, and the 6th of February dissolved^ and
consequently all proceedings hereupon stopt.
The substance of what hath been deposed
before the honourable h>rds of the Committee,
and some justices of the peace, 1 shall, in as
short an abstract as I can well reduce it, here
giveyod; in which 1 shall observe, for the
most part, as it falls out in order of time ; and
first, what passed before my lord's murder |
secon*'ly , the day of his death ; thirdly after his
death.
As to the first, before my lord's murder ; it
is deposed by Dorothy Smith to this eifect :
' That about nine days before my lord's death,
being servant with one Holmes, in BaJdwin's-
Gardens, and standing upon the kitchen-
stairs, she heard several papists discoursing
(in the parlour of the . said Mr. Holm's
house) concerning the taking off the earl of
Essex; and it was then and tliere declared,
that they had hern with his highness, and his
highness wa.s first for poisoning the said earl ;
but that manner of death- bebg objected '
against, it was proposed to his lii(;;hness, that
the earl should be stabb<M ; but this manner
likewise not being thought proper, his high •
ne^s had concluded and ordered his'(hroat to
he cut, and his highness had promised to be
there^ when it was to be done. About tliree
days after this, (viz.) about six days before
the earl's death, some of the aforesaid per-,
sons met again, at her said master's house,
where she heard them dechire to this effect,
that they had resolved the earl's throat should
be cut ; bat they would give it out, that he
had done it himself ; and if any should deny
it, they would take them up, and punish them
for it. This informant bemg hereupon much
troubled in her mind, and willing to prevent
(if possible) this intended mischief, did here*
upon advise with one Mr. Billinger, who told
her: that if she valued her life, she shonld
not discover it to any ; for the papists then
carrying all before them, she was ruined if
she did. Wherefore she did not, before m j
lord's death (to her remembrance) discover it
to any other, unletm she might to Mrs. Bil-
< linger, in which she cannot oe positive t but
A
l^J] STATE TRIALS. 96 Chaei^m 11. i684.---7Hif ^ArnKlMMirJjpcfe, [1964
Ike day of njr Iwd'tf teth, «bost two or three
o'docK the Mine <lay, loiBe of the aforeaaid
eonsok oomtiiff to her maator* Holm's houge,
one leaped aSoat the roam, aa extremely
OYer-jojed. aod atrikea the said Mr. Holms
00 the oacK, and eried, the feat was done, or
we hare dooe the feat ; and further said, be
could 'not but laugh, to think how like a ibol
Ae earl of Eoaez looked when they came to
cut his throat* She further saith, < That
about one year after that, she Uring with one
Mr. Rowden, was willinfif todiscoTer what she
had^aa before heard, to her said maater Row-
den, hut he was net free to hear all she ooold
say, with relation hereunto, bat adnsed her
-* Id hold 4icr peaee ;^ lor, by such her dis-
* ooorse, she might nun him and all hiafitmily.'
Thia ia lurtbetr oonfirmed by the oaths of Mr.
Rowden, Mm. Rowden, and Mrs. Mary
Rovrden : and Mrs. Rowden doft further de-
|iooe to this eflfeot ; (?ia.) « That the said Do-
* rothy Smith, in king JameathewBoond'sreign,
* hath declared, that ahe did hope tp life to
* aee the day, Mrberein she might fuUy testify
< har knowtedge herem ; and this she wouU
* da, when she might without danger.'
Mr. Adams and his wife have deposed to
thia efiect : * That NoFember 1686, this Do-
rothy ItTod with them aa their aerrant ; and
in tears hath often declared her orer heaciug
the paj^gts consult of my lord of Essex's
mumer, several days heme his death, and
by whoae order the earl waa to be murdered :
but these informants knowing the danger of
such discourse (the late king James being
then in so p'^t power) did adriae her, lor
her own aateQr, and the aalety of thoae she
lived with, not thus to discourse: but the said
Dorothy; in tears did uanally answer, that it
lay upon her mind, nk^t and day ; and ahe
conUTnot be q[uiet in her thoughts, that the
earl of Essex should be ftlaely charged with
eutting his own throat, when she had heard
die papists resolution to cut it themselves,
and after own they had done it. And if ever
ahe might, with safety testify the truth
herein, she woubl ; and did hope those men
that did it, might suffer for it.'
JUAoriJiraj^deposeth to this effect: .'That
(to Uie best of this inlbrmanf s remembrance)
belbre the death of )mf Charies the second,
observing Dorothy Smith ta he very pnelan-
choly, he desirad tn know tho cauae v upon
whidi ahe aaid. That somewhat she knew
with rdation to the death of the kte earl of
Essex, waa the cause of her tronble ; and it
was not safe for her. to ret^ it to any.' Upon
which, this informant adnsed her then to be
silent itt the .matter. But about the begin-
oing of Febmary , after king William's com-
ing, finding it aafe for the said Dorothy
Smith herain ifi declare Imr* knowledge, this
informant went to the said Dorothy Saaith,
and told Iter, she might safely speak whatshe
knew, as to my. loro'a death ; upon which,
4>e said Domtby Smith told this ilifomant, <
8 'I
how she had heard the papiata, aerenl davs
before my lord's death, oedare how the can's
throat^ waa to be cut, and by whom ordered,
(with several particidars in rebuion there-
unto); upon which, this informant, disco*
rerefl this to Mr. William Tomay, who there-
upon told this informant, he woidd reveal this •
to Mr. Braddon, then upon the proaecution of
mv lord's murder ;, andaome short time afto-,
nr, Tomay told tfais informant, that he had
therewith acouainted Mr. Braddon, and de-
aired this inrormant, with the said Dorothy
Smith, to meet the said Mr. Braddon, and
the said Mr. Tomay, audi a time, at the
Crofls-Keys in Watling-street, where they
met acGordin^y : but when Bfr. Braddon
had been particulariy informed herein, by the
said Dorothy Smith, the said Mr. Braddon
^declared, that unless the said Dorothy could
make it appear, that ahe had long before re-
vealed this, he would esteem it as a new-
maile story, and a lie. Upon which, die
said Dorothy mentioned the naaaes of aeveral,
to whom she declared she had long amce re-
veaM it ; but by all was enjoined to
Mr. William Tonmey hath
what herein relatea to nim. And I am ready
to depose. That I never heard of this Dorothy
Sttitti, till Mr. Tourney about Fehmaiy ld88«
infomied me of her ; and 1 never to my re-
membrance, saw tho said Dorothy 8mi&, tBI
the said Mr. Blay, had {m hefooe) brongfal her
to the Crass- Keys, in Watfing-aUeet, wheea
I font discoursed her. Here are five or six
witnesses prove the verjr subetaaoe of this evi-
dence, revealed when it. was little lose than
death to discourse it, whidi dearly proves it ia
not a made alory, and strongly argnes the
truth of the relation ; for it can hardly be sap-
posed ; that this woman, ahonld oftieo, ondcr
the greatest concern and danger imaginable^
declare anything of this nature, unfess the
relation was reaUy tme; because ahe ooidd
(rationally) then pnmese no advantage by thia
story ; but was still told, and convinced of the
danger. Wherefore it ia rational to snppoae,
that only the power of trnth moved her to de-
dare wnat ahe so often in tears related. Bm
aa a.furtber avgoment of the truth, of thia de-
positkm, I ahall briefly rdate what infttna-
twns have been taken in contradietion a» Ihaa
rdation, and how these infocmatioos have been
detected aa folao in every particolar, which
corroborates the truth ot the accusatioa : for
as a true defence detects and frualrates a fUae
charge; so a folse defence (bemg diaeotered
to be auoh) aa strongly strengthens a tme one.
The Depositions, ia oppeaition to.SoDitii'a eei-
dence, were^
Dorathjf Hemii (a most vident panist)
the 9th of April, 1689, before Mr. Justice
Ddben depoeed, « That in April brfore avy
< tord of E8seat*8 death, the said Doralfay
* Smith waa tume^away firom Mr. Hdmes^
upon suspkaon of having ladlen a aiiver apoesi ;
and that feon April lfi69| la '
nti] STATE TRIALS, SfiCRASLBS 11. i€^4.^f&r a Mf^dmettMr. [iS^ff
•
or traded with ; and therefore I made inquiry
after those, with whom (in that mooth and
vear) they bought of, or sold to, all shop*
keepers, taylom, butchers, fishmongers, shoe-
makers, hatters, &c. And* I £d abo inquira
after aU such as they (as japanners) bought
goods of, or sold roods to, and such, as upon
inquiry, I received such characters of, as I
might expect tair satisfaction from, I did de-
sire to see their books in that month' of July.
« next after, one Elisabeth Christopher, then
* Elizabeth Cadmau, iras servant to the said
* Mr. Holmes, and no other maid-servant in
* ^1 that mean time.*
JElitmieik Ckriiff^hgr^ (of a very loose eba-
Wmitm) who hn this particular upon oath, the
9fh day of April, 1660, before Mr. Justice
IMben, coofirma Hewit's testimony ; bat that
-thnaa twto aw fewworo, appears by many de-
tioQS. For,
Jtis prared by Rokert Bond^ that Dorothy
Soaith did not go to Mr. Hohnea'a service, till
the bef^ningof Jnne, 1683, and that green
beans were m to be eat, before she Idft that
•ervice, in whieh she lived, just before she
went to Uelmes^a house.
It is further proved, by five witneaaes, (SH*
sabeth Morris, Ann Dnphine, Catherine Col*
dam, Sarah Douthwait, and Robert Bond.)
That Dorothy Smith was 4want at this
Holme's, in 1683, when green-pease were very
twenty and ebaap (whioh is natarally evident iC
«Bust be in the latter end of June, or sometime
in July, wbiob ia about two roontha after
Aewk swore Dorothy Smith was turned away ;)
•nd it is positively sworn by one, that Dorothy
Skoklk was servant in HoIsms's hoesoTin Jnly
1683, after Ahe death of the late earl of Essex ;
«nd this inlbtmani* resaembers the time, by a
▼ery remarkable particular. So that here are
five 4Mr six depsaitions in eoateadielion to
Hewit's and Christopher's evidenee, which was
designed lo destroy the credit of Dorothy
itetth'a testimony ; but this opposition thus
deieeted« adds strength lo what it was designed
to pv^odioft. But it was fnrther sworn by
He wit, that the 6th of July, 1683, (which was
the Friday in the week before my ford's death)
flbe went with the said Mr. Holmes into the
cemitry, and the first night lay at Wickham in
Biichiogbamshire, the next night at Oxford,
mad oentiMwd there till the 9th ; and the Ptb,
this tnfonsHuit went with the said Mr. Holmss
to Alderminster in the ooont^ of Woroeeter, to
tbo house of one Mr. Nathaniel Swan, mi-
oieier of the said town, and eontinned there
till the gSd of the said month of July, and
then returned, dec.
Nathaniel Swan, Clerk, deposed before Mr.
Justice Dolben, the 9th of April, 1689. * That
* about the 9tb of July, 1683, Hewit and
* Holmes came to his house in Alderminster,
* and continued there till about the 93d.'
This last information is of little force (though
Ae person designed well) for he swears, * about'
such a titoe Holmes came to his houae, and
* about' ma(ces the time very uncertain.
This was designed to destroy that part of Do-
fodiy Smith's testimony, which declares Hohnes
in town, the day my lord was murdered.
Whetk I found Mr. Holmes endeavoured to
]vroTe (as before sworn by Hewit) himself out
«f town^ from the 6th of July, 1683, to the
S0th or 97th of the same month ; I did en-
desmmr to enquire out all snch, as either Mr.
Holmes, or Mri, Bewit were wdl kBOwa to,
' VOL. IX.
to see whether any goods were bought in town
by the said Mr. Hohnes, or Mrs. Hewit Cfor
provinjg Hewit in town, ]^rove8 Holmes like-
wise m town, because ii is sworn and can bo
proved, they both went out of town together)
or any money paid between the 6th and S^ of
July, by either of these. After a very long
and tedious inquiry (all those tradesmen being
altogether strangers to me) 1 providentially mel
with one Mr. IVelstoadI, who very readily
shewed his book, wherein ia entered according
to his information, which foUoweth :
John Weistead of St. Dunstan's, in the west,
Londotti before the SecretX]k>mmittee hath do*
posed, * That in July 1683, he fived in Fop*
B'n's-alley, ni^h Fleet-Street, very near Mrs.
orotby Hewit, and often wrought for the said
Mrs. Hewit, and between Monday the 9th of
July 1683, and Monday the 16th of the same
month aud year, this informant made, or
caused to be made, a dust-gown for the saia
Mi^. Hewit, as appeaiv by this informant's
book, to their lordships produped, and the
very same week, (viz.) between Monday the
9th of July, 1683, and Monday the 16th eJT
the sam^ month and year, (but in the veiy
day. this iulbrmant is not certain); this inf
formant carried the said gown to the s^id Mrs,
Hewit, who did then pretend she was about
going into the oountrv ; but how long after
the dust-gown so delivered, the toiid Mrs.
Hewit did go into the country, this informant
knoweth not.'
This book had not been of any use to llffw
Weistead for almost 5 years, ana it was a very
great providence this Lad not been torn out,
seeing the book for some years had been usc4
SB waste paper, and the very next leaf to
this torn out, and kwt. As soon as Mrs.,
Hewit undenstood ^uch a taylor's entry was
a^nst her oath, she, with Mr. Hoimes'a
wife, went to this tayk>r and desired to see hii
book ; whichs being sbewied ; Hewit first ^vn*
tended this entry was foi^ged, and new ; but
when in answer to that, Mr. Weistead do*
clared he could depose, ** That the entry wae
real j" it was then pretended that this fpmn
waa sent into the country after Mrs. Hewit, bu|
when iu answer to that. Mr. Weistead declared
he could depose, ** That ]M[rs. Hewit was in
town when that duat^gowQ was made and de-
livered, and that she then pretended she was
about going into the counby," Mrs. Hewil
told him, if he did swear that, he would takf
off her brother's life, and pok|iet*a blood WwM
bo upon hia head,
4M
1267] STTAlt TRIALS^ 36 CUAKLBS U. l6i4^Trial^'BnMmm»d^SpdK. [196*
Some time after my Jord'e mniider, this 1 Idaf and dake were in Ae Ttfwcc whtn the
Hdmes almsidg^ his wife, she told him, * He
* Waitf a murderous rogue, and he well knew
* she could hang him when she pleased.' To
which Holtties answered, * That he little
* thought she would hare spoken of it, who of
* all the world had the least reason :' For, said
this scurrilous fellow, < You bitch, you whore,
< don't you remember I bought von a good
' satin gown and petticoat, and therefore you
( above all the world ought not to prate.' But
she replied, * He was a murderoos rogue for
« all that.'
I have been the more large and particular in
this eyidence, as well because it hath met with
Kuch villainous opposition by fal^e oaths, as for
that it alone proves by what party,- and by
whose order, tius unfortunate lord was trea-
cherously murdered.
T^e next thing previous to my lord's mur-
der, are the several reports ift many placeiEi in
England, Hieibre my lord's death, or before it
oould be xnov^n) that the earl of Essi*x was
dead. — This is proved by 8 witnesses, 31r.
Hnbland, meichaDt, Mrs. Uubland, Mrs. Meiix,
Treheme, Jeremiah' Btirgis, Hiomas Feilder,
Savage, Mr. Butler. It is as to this swom^
* That at Frome, (which is abtoot-lOO miles
^ * ftom London) it was reported the very next
^ moming after my lord's commitment to the
* Tower, (viz.) the lith of July, 1683, that the
-f earl of Essex had: cut his throat in the
* Tower :' And thiis informant, the week after
my lord's death, meetm^ the gentleman which
had before given him this information, and de-
aling to know how before my lord's death, he
^lild declare it, the other replied, That all
,men concluded my lord would either cut his
throat, or turn evidence against his friend my
lord Russell; but it was generally believed
that my lord would rather destroy himself, than
be made a witaees/
' This report 'so far off the very next moming
-after my lord's commitment, proves the Tower
to be the place (before my lord's commitment)
S' itched upon as the most proper lor this per-
diotts tragedy.
But the very next day (viz.) the Wednesday
after my lord's commitment, was it reported
ttbout 60 miles off, that the earl of Essex had cut
his throat in the Tower, for tiiis reason, (viz.)
The king and duke coming into the Tower to
Tiew the Tower, the earl of Essex was afraid
the king would have come up^ into his cham-
ber, and seen him ; but his guilt and shame
■was such, that he could not bear the
thoughts of it, and_tl]er4efbre cut his throat to
avoid it.
Observe in this previous report, 60 miles
iiiofti London, the next day after my lord's
oomnntment, the very pretended reason for the
ielf- murder is given ; which reason carries in
it f|n accident that could never be before re-
ported, or indeed expected, but by those which
were the most secret in this treacherous cruel-
^ ; for herein is it said, the Wednesday before
tae king and duke went to the Tower, that the
earicut his throat, &c. It is notorions that the
king and duke did not go till Friday, mom-
ing, and their then going was a aurraize to
their very guards^ for it seems they nad not
been there together above once before that,
since the Restoration. In riiOTt, These aema!
reports proved by 8 witnesses, all agree ia te
manner how and place where; and one naia
particularly sets rorth the pretended reason
wherefore. I do therefore humbly andpont to
every impartial reader, whether di€9W very re-
ports, do not strongly prore, that tl^ manaer,
place, and pretended reason to be ^ren out in
report, were all amed upon before thia bar-
barous complicate tragedy was acted. Far
otherwise, how could it jiossihly he so puti*
ciHarly related so far off, and so kog' he&reit
waadone?
But the reason of this report, appous to
have been occasioned by what foDowa, (vis.)
The tord Russell was ordered to he tried
upon Monday die 9th of July, which waa ftar
days before ne was tried, wbA the eontritea
of' this treacherous crnel^ against my te4 of
Essex, had resolved, that upon the day of thai
trial, and whilst my lord Ruaadl waa trring;
my lord of Essex's throat ^ouldbecixt, and thai
that report-carried to the eomrt trying my lord
Russell, and to be then and there naed as ^
afterwuids vras) as an atgnment4>f Ae troth of
the then (pretended) Plot, upon which nay laid
Riissdl was tryinr.^*<'Now some cyfthe ninisih
party, who were let into the knowledge ortha
designed murder of my lord of Eaaex, and that
it was to be done, wfien my knd Ruoadl waa
trying, and knowing my kvrd Russell wai
ordered to be tried, the Monday next helere ha
was tried, and those Papists, who ftnst repotted
my lord of Essex's death, not knowinff that
the lord RasseH's trial waa pnt off, to the
Friday then fbllowiag,-- Did dicarefore report niy
lord of Essex's death, two days before he waa
murdered. — And upon the reversal of my lard
Russell's attainder, several of his jnry weia
examined before the Lords, and soooe of those
very jary-men, did then andtber&dedaieto
their lordships, ihat as the then kin^seonnci
misapplied ine (pretended) sdf-muroer of te
lord of Essex, m relation to that pietaaded
Plot, by saying it was more tbim a thousand
witaesses or the truth of tliat treasonable ^
spiracy, for which my lord Russell waa
trying— that this report, and the abore
apphcation thereof had a greater iwfrtfnct
upon them, he found ^^ny lord Poascfl gnflty,
than all that was sworn against hka Sy toi
king's witnesses.
I shall m the second place obaerre
passed in the day of my lord's murder^
proves his death to be such.
Bomeney and Russel before-mentioned, dU
before the coroner's jury upon oath deny tint
any men* were let in to my lord that momisf
my lord died. The like did John Lloyd, the
f See p. ^%, of tins voloiae..
It6ff] STATETRIALS, 35 CuARLBS n. l6B4.^f&r a Misdemetm^r, [1970
Aiund the sftid Lloyd yery melancholjir ; whea
Mr. Tempest first came, Lloyd told him, that
he did hope, as he was his net^bonf^ he would
be his fnend, and trae to him ; to which th«
other answered, that he would, if the said Lloyd
was iDgennoos in his disoovety ; whereupon,
the said Lloyd (after often i>ressiiiff the said
Mr. Tempest to be true' to liini) told him thai
when he was first seized, he md confess to a
gentleman, who was altogether a stranger to
nim, the lelting in some men in to my lor^ of
£8sez just before his death ;' and this confes-
sion did. lie upon his conscience, and troubled
him. night and day ; upon which the said
Mr. Tempest replied. That the hkehehait
confessed to sereral the same day he was taken ;
and he declared the same before a jd^tice of
peace ; but if it was felse he ought to retract it,
and be sorry for bavmsf said it; whereupon the
said Lloyd renewing his request, that the said
Mjr. Tempest would be true to him, said, it
was indeed very true,, but H was what hs
should not hare confessed.
Lloyd did then further declare, < That upon
■oldter thiit kept the outward door, depose at
taiy trial, (pas^e 1303.)
"Natbamel Monday, Who was ray lord's other
warder, and likewise Russell, bclbre the lords
bare denied that any men were that morning
let in to my lord. But that there were some
irnffians a little before my lord's death ]hi in to
murder him, plainly appears by the proofs
followids^.
Mr. Samuel Story deposed before tlieir lord-
ships, to the effect following, (riz.) ^ The Slst
* of January, 1688, being the day before the
' oonrention sat, John Lloyd centinel upon the
* earl of Essex (at the time of his death) was
* taken up as suspected privy to the said earl's
* murder ; and being< therefore in custody the
* said Lloyd, with tears in his eyes, wrung this
' * informant by the hand, and declared, That by
* special order of major Hawley, or one of my
* lord's warders, he did let in two or three men
* into the eari's lodgmgs just before his death ;
^ and he was rerv sore, and could safely swear
* that major Webster (then there in custody,
* suspected as one of the ruffians that murdered
chamber, and somewhat thrown down like
' the lettmg in those men, theve was so great a
'in my lord's chamber, that tt^ said
* my lord) wa^ one ; and that as soon as he so ' the letti
* let them in, he heard a noise in my lord's I * bustle i
• r>ksmli*r anA sAvnowkftt: thrnvrn rinwn lilcA ' * Lloyd Wpulo hSYe forOSd lU after theOI, ' but
' the warder had made fast Uie outward door,
* so that he could not ; and that upon the bustle
* he did hear somevrhat thrown oown like the
* fall of a man, which he did suppose wad my
' lord's body ; and soon affer, it was cried out,
* that my lord of Essex had cut his threat.'
This is the substance of what Mr. Tempest hath
deposed before the Lords.
. 'By this it appears more than probaMeit not
only that my lord was murdered, but that there
was some Tillaioous oath of secfreey entered
Uito by those concerned therein, not to disoorer
what they knew with relation thereunto; for
* the fell of a man ; soon after which it was
* said, the earl of Essex had cut his throat.'
This Lloyd,- (the same day) before the justice,
did confess the letting in some men a little be-
fore the earl's death, as appears by his exami-
nation following.
.
The Examination of JOHN LLOYD, of Good-
' man's Yard, in Aldgate Parish without, in
London, Clothworker, taken before John
|tolnns, esq. one of the justices of the
peace for the county of Middlesex, the
32nd day of January, 1689<
* This Examinant saith, on the day wl^erein
* the right honourable the late earl of Essex,
* Wastbund dead, upon the suspicion of having
* been murdered in bis knlgitigs in the Tower
* of London ; he then being a soldier, was
* standing centinel at the door of the said earl's
* lod^ngs, -and had order to let nobody up- -
* stairs to the said lodgings, without leave from
^ miyor Hawley, or the warder then in wait-
' ing on the said earl ; and that about half an
* hour after eight of the clock in the morning
* of the said day, two men (to this Examinant
^ tmknbwn) knocked at the hatch-door, be-
<* longinff to the said lodgings, and by permis-
* noti ofthe said warder, entered the said lodg-.
* ings ; but when they came out, he can gire
* no account ; and that about nfne o'cb>ck he
*'ii«ard a struggling on the said morning, and
' a little time after heard a crying. My lord is
•dMd.'
* After Lloyd had lain some time dose pri-
toaer in Newgate, he did desire to see one Mr.
Tempest a nduiibonr of his, who haring per-
mlmon ofthe Secret Committee to disoomrse
UoydyilMveiipoD ivent t» Neirgate^ where ht
what other as likely reason can be ssstgnedfor
Lloyd's beio fir troubled in conscience (as ho
pretended) for having confessed, what at the
same tira^, under repeated injunctions of se-
crecy, he confirmed to be true, though he said
he should not hate confessed it.
But to put this matter beyond altdoubt, that
some mm were bustling with his loitlshipjust
befoipe his pretended self-moriler discovered,
evidently appears by this information following.
Mariha Baicomb- declared, and before the
hmis in substance hath deposed, * That a little
* before the death of the late eari of Essex
< was discovered, this informant was walUnff
* up before the eari's chamber-window, and
< hearing a very great trampling and bustle in
* my lord's chamber, this informant stood still,
* and looking to the windo<r of the said charn*
* ber, saw three or four heads move dose to^jpe-
» ther, and heard one in the chamber (which
< seemed to be in this bustle) cry out veiy loud,
< and very doletiilly, Mnrder, muxder, mnrder.
< This informant not then knowing it to be mj
* lord's lodging, nor thinking any other of thia
' cry, than what might be occasioned by soma
^aocideaUd quarrel, waflced up tewards th«
* ch^el, but not out «f sight «f the Mgings,
Itji] STATE TRIALS^ $6 Chaelbi II.
* and about a quarter of an boor afterifor lets)
^ it was fint died out in the houi^e^ That the
^ earl of Eases had cut his throat, andbein|f
* shewed tb? chamber where the earl lay, she
' ibund that was the chamber, where she snw
* the men, and heard the bustle, and murder
* ciied out, as before rdated.' This Informant
further saitfa, < That some few days alter this,
* tailing litr. Perkins and his wife (whom ahe
* then kept in her lyinp^-in) of what she had
* seen and heard, as before declared ; the said
* Mr. Peikins advised her not to speak of it,
f for her divuljg^ing it, in all probability would
^ prove her rum.' '
Mr. Perkins hath upon oath confirmed the
latter part of Martha Baaoomb's information,
which clearly proTOS this uot a newly-inrented
•tory^
I thbk ibis proof is little less than cedar
evidence of the murder $ for my lord was a
close prisoner, to whom (as was oretended, and
sworn, by such as kep^ the chamoer-door) none
was admitted that morning \ but that my tord
eut his throat in all silence ; whereas it is here
deposed, that several were bustling together in
n^y lord^ chamber before his deaSi ; (and this
part ^cr^ with the confession of the centinel,
who \et in the ruffians) and one in this bustle
(which can be presumed to be no other than
my lord^ cried out several times very loud, and
▼ery doleftilW, Munler, murder, murder.
And as a rarther confirmation of these men's
being (and by whom) sent to murder my lord,
J&liiohHk Giadmn «ad Sarah Hughei ^leclare,
and before the Lords in substance have deposed
* That the day of the death of the late earl of
« £ss^, (viz.) the Idth of July, 1683, about
* elovea ot the clock the same day, one Ruddle
* in the hearing of these informants, did declare,
■•* That he was in the Tower that morning,
* where it was imported that the earl of Essex
* had cut his tlu^, but he was sure he was
* murdered, and tlmt by the order of bis royal
* highness ; for the said Ruddle then declared*
* That he did observe liis majesty and royal
* highness part a little from thdse that attended
' .them, and discoursed (to the best of these in-
* ibrmants remembrance) ; the said Ruddle
* declared it was in French, conc^mioff the
' prisoners then in the Tower, and his highness
* declared, That of all the prisoners then there,
* the earl of Essex ought to be taken ofi*; but
t his miyesty said he was resolved to spare him
* for whatlus father bad suffered; upon which
* bis highness seemed very dissatisfied ; and a
' little Sefore the death of the said earl, his
* highness parted a little way from his majes-
* ty, and then two. men were sent into the earl's
< iodeings to murder him.' So far betbre their
lordships.
Note^ This Ruddle then declared that he
nad lived many years in France, and very well
understood French, and could speak French
tary well.
The said Ruddle declared this with great
eamestnesa and passion, and protested he
ll^ughi no mansaiiewlio waa aguast the po-
pish intevek, if once th^ began tinisbsidM
to cut throata. And he prolatedfaii blood <A
so boil against his royal highasss, tbst if be
oookl have goln party that would hareiM
by him, he would nave shot his higfaaess dead
upon the spot, for so bareiaced a BMndrr W
scarce ever been cpmmilted under a dvil go-
vernment. ^
John Bampton and hia wife boA dech^,
and in substance before the Lotda have dtpM-
fd, ' That about one of the dock, the mj
deiy the late earl of Essex ihed in tbeTover,
one Robert Meake that morning (a 9oIdi9 in
die Tower) came to these inferaMiits' booie,
and these informants desired the fsid Moke
to give them the beat account he could bov
the earl of Essex cut his own tbrost? Is
which the said Meake (with some esnieiUMa
and passion) answered, That the ssid ean £i
not cut hk own throat, but was baibaroodj
murdered by two men, sent for thatparpowkj
his royal highness to the earl's lodgng joit
before his death.'
What Robert Meake did further dedsic,
and what was since his fate, you wiU hevis
its proper order.
Ido expect it will be olgected, Thsttbeie
fem' are but hearsay evidence; Ts wfaickl
shall answer almoat m the very words of lao*
ther discourse on this subieet, (Via^) " Secuf
there is reason to believe that the stifling the
first murder occasioned the addition of thoe
two soldiers blood, (as you wiU hereafter bsrt
some grounds to suppose) I think sucb mfiir-
matious ought not to be alighted ; for after thst
rate, it ia but taking off such as knew sny
thing with relation to murder, and you tre
very secure from any discoveiy , though aercr
so many upon oalh give an account of wbst
those men (whose mouths have been bj nar-
der stopped firom giving their own relalioB)
have declared in the matter.** These two id-
diers related the same as to the sendiag the
men into my lord's lodgings in two booses, a
for distant as Duke's pisce and Baldwin's fU'
dens ; and I am verily persuaded, that aeidMr
Huffbes nor Gbuiwin, ever before that te
spoke to Bampton and bis wife in their Hm^
for neither two remember, to have seea er
heard of the other informants before my lenh
death. And wbocoukl imagine that two lol-
diers should declare, with such ooneera as4
earnestness, that which was so very daoffixwf
to be spoken, if their love to truth, aad aslie^
of sucli a treacherous and bloody manhr
had not even forced it from then, to tW
hazard of almost their lives by auch their ie>
bition?
It is true, no man ought to suJer bsrel; npos
hearsay evidence, but such testimony M
been used to corroborate what dse nay i»
sworn, and of itself may (in some csisid ^
oiough to give aatisfection m the geam ^
the truth (S* a matter, andnofertberisitboi
used : And 1 would have all men consider^
many such tesUmonies heretofore prtHhm
amongBt which 1 ahaU oi^y meotioii one wM^
k.
STATE TRIAI5^ dS fiOMckLM Ik 1684^-^ a MMmetmor. [1974
mil
limd an immedkle rdation to myself. Mr.
Blatthwaite, clerk of the council in 1033, at
my Trial, pi^ 1161, h&ng sworn on the behW
«f the kuM^, against Mr. Speake and myself,
in his relation of what yonns^ Edwards's sister
should dedare to the council boan), viz. That
Braddon compelled the boy to sigpn it, (the
jMper the young' Edwards signed). This you
find to be hearsay evidence, and the aothor,
the sister, then in court, but testified no such
thing ; therefore this hearsay evidence ought,
tf any ought, to have been rejected: And yet
this nearsay evidence, thouffh not confirmed
-by tlie author then upon oath, was not only
admitted, but ordered 4o be printed in the Trial
in large capital letters. How much sooner
ought the evidence of Bampton and his wife,
as to what Meake declared; and of Hughes
and Gladwin, as to Ruddle's account, be par-
ticularly remarketl, seeinj^ Meake and Ruddle
we cannot now produce m court, (as that au-
thor was,) they, e^pedally tde nrst, being
suppoeed to be murdered by way of preven-
tion, by,that bloody party that murdered my
liNrd.
But the next witness Ah* this murder, and
by whom ordered, shall be from no hearsay
^iden4)e, but from aperson of good estate, and
reputation ; for Mr. Veter Easington declaretb,
(and before the Lords in substance hath depos-
ed), * That he this informant was in the
Tower that morning the late earl of Essex
died ; and about a quarter of i^n hour before
the said eari's death was discovered, this
informant observed his highness to part a
little way from his majesty, and then beckon-
ed to two gentlemen to come to him, who
came aocordinely; and this informant did
observe his highness to send them towards
the earl's lodgmgs; and less than a quarter
of an hour after, this informant did ooserve
these very two men to return to his highness,
and astfieycame they smiled, and (to the
best of this informant's hearing and remem-
brance) said, The business is done; upon
which, his highness seemed very well pleas-
ed, and imm^iately thereupon his highness
went to his majesty ; soon after which, news
ivas brought to the king, That the earl of
Cssex had cut his throat.'
The centinel Lloyd declared, He could not be
positive whether ma^ Hawley or the warder
let the men into the outward door : But major
Bawley pretends, be ooukl not ; for he (f» he
aaitfa) went out of his house at ^ve o'clock in
the morning^, and did not ffo nigh his own
iiouse till news of my lord's death was brought
iiim by Monday the warder ; and therefore he
coold not open the door to any that went in
just befere my lord's death. This reason of
imiior Hawley is equally true with what else
he saith in his defence, as appears by this in-
JcHUiatioD.
* Richard NUholtanj in the ward of Queen-
< hitfae, com factor, dq^oseth. That the day
' of the earl of Essex's death, this deponent
' i|pa«a warder m the Tower^ and stood warder
at the Inner-Tower ffate that morahiff the car)
died, (before the eart's death) and by major
Hawley (then gentleman porter of the Tower^
ordereo to let no man into the Tower or out of
the Tower. This deponent further deposetby
Thatabouteight of the dock, or a little beftte^
whilst this deponent ifas warder at the girte,
as aforesaid, he did observe the said maior
Hawley five or six times turn up towards his
own house, through the gate (over against
the traitor's-gmte)- leading towards bis own
house; and .about eight (» the dodt the same
morning, this deponent was desired bjr a
stranger to let him into the Tower, for wbich
the said stranger gaye this deponent a shil*
ling: This d^ionent let him through the
gate^: the said roiyor Hawley theveupon came
to this deponent in great fmy, and cheoke4
this deponent for lewng in the said stnnger
into the Tow«r. This deponent ^rtber oe-
poseth. That nuyor Hawley ordered this de*
ponent (wi^h several others) to go warder
with the lord Russell to the pid Baiknr ; a»d
as this deponent was going with tne lord
Russell to the Old Bailey, viz. about eight of
the clock, he passed before migor Hawley's
hon^e, and did observe m^or Hawley dica to
go into his awn house. R. Nicholsok.
•Jurat' 9** die Augf.
* 1689, eoram me,
< Tho. Pilkington, Mayor.* '
That miyor Hawley was in the boose when
my lord was ^murdered, seems fordier probaMe
from the relation of Mary Johnson, tbep aa
woric in miyor Qawley's house at the Itnie
of my lord's death, and what acoouat she
bath hereof given appears by these two info»«
mations.
The Information of PHILIP JOHNSON of
White'a'AlleyinGoleman->8trset,in Lon*
don, Freenoiason, taken the 93d day of
January, 1688-9, before John Robins, esq*
a justice of the peaoe for the counq^ of
Middlesex.
*^i8 informant maketh oath and saith.
That Mary Johnson, his vrife, (since decea|i*
ed) being a labouring woman to miyor Haw-
ley, in whose house the late earl of Essex was
found dead. That the momine on which he
died, as she was at work, she heard a noise ;
and designing to go up stairs, she met miyor
Hawley oommg £>wn, who told her my lor4
was deftd ; upon whidi she went up staits,
and found the said eari dead in his doaet, u
she gave her husband, this informant, an ac«
oount ; and by order of the said miyor Haw-
I^,she helped and assisted aman (tothe best
of bis memory his name is miyofWebster) to
strip the said earl fit>m his deaths ; and at the
further command of the said m%jor Elawley;
she washed the said earl's body, and also
washed the said chamber abd doset bdonginff
to the said earl, for which the said m^or
Hawley gave her tOi. and duU the necl; of
iVrd] STATE TRIAl^, 36 Charles 11. i6S4^.^TruaofBradimt4miSpdst,[\^
** the cravat that she took off the said earPs
* neck, was cut in three pieces.
« The X Mark of Philip Jobnson.'
The Information of MIRTAAI TOV£Y of
lied-UoQ-street, id White-Chapel -Pa-
rirfi, ii» Middlesex, widow, taken the day
aforesaid before John Robins aforesaid.
*This informant maketh oath, and saith,
That she several times heard Mary Johnson
ahovesaid declare the sabstanoe of the pre-
ceding; information ; and further sweaieth,
The said Mary Johnson told her, That major
Webster was the person who helped her to
strip the said earl of his cloaths ; which she
was very uotwilling to do, saying, she should
brinff herself into trouble and hazard of h^
life, by intermeddling- with the body before the
coroner had sat upon it ; and that major Haw-
ley told her, she must do it, and should come
to no trouble by it.
' MlAUM TOVEY.'
I
Orie Mr. Bunch (wlio formerly was a warder
ill the Tower) discoursing with a maid serrant
|(who lived in the Tower, at the time of my
lord's death) she said that major Hawley was
the best friend she had in the world, upon ac-.
count of somewhat she knew rektiog. to my
lord of Essex's death.
I have good grounds to beUeve, that not ti
few in theTower, that morning my lord was
.murdered, oould discover several tilings very
lOatenal in order to a further detection ; and
particularly as to the coming out of the ruffians,
after they had perpetrated this not to be parallel -
^ treacherous cruelty ; for I have been inform-
ed by some, who that very mornipg, my lord
was murdered, were in Leadenhall-market, that
^ere came a servant maid (whq then lived, as
she said, in the Tower) to that miirkettiie very
<ame morning, and wringing her hands, she
wept,' and cri^ out, the earl of Essex was
murdered ; upon which, the people gathering
about her, advised her to silence, telling her
she would bring herself into trouble by such
expressions ; the maid tliereupon declared, she
was sure it was true, for ishe saw the men that
fpurdered him, just as they came from his
lodgings.
1 have used all diligence possible to find this
<naid out ; hut neither of those I have met with
could tell me her name of the person in the
Tower with whom she lived. Not long after
my lord's death, I was likewise informed of the
name of one, who declared he saw tlie ruffians
jii^ as they came out of my lord's lodgings,
and did observe some blood upon the cloaths of
one of them ; but having been obliged in a hur-
Xj often to convey away my papers, this name
I have lost.
If all persons, who would discover any thing
to prova my lord'i murder, had been so just, as
to nave appei^red before their lordships, and
upon oath declared their knowledge relating to
ibck diMoveiy, I have 'good c$xm to think
many more would have been eiainined topitve
this murder. But whosoever there is tfast caa
discover any thing material n^ rpbtku to
this murder, and in silence stifles it, by mch
his silence he consents to the murder of m
lord : and though our law may not reach 1m
oj^enoe, yet he who kpows it, will one day lay
il to his charge; for if God rieqaires that m
ffovemmeots should make diligent inqsistioB
for blood, in defect whereof he will remire tU
blood of the slain at the hands of sach 0001.
trates on whom this neglect is 'chai]geaMe;
then on those persons more especially wiB the
jfreatest p^uilt lie^ who refuse or negwcttogin
information to those ordained for such inqoisi-
tion.
Bomeny (my lord's servant, by permisBOD of
the privv council attending his lordsbio at the
time of his death) and Russel (the warder vho
swore he stood at my lord's chambtr-door,
when my lord died) have both before the coro-
ner sworn, that a razor was delivered to my
lord to pare his nails^ And that the very same
razor, was found by my lord's body, when hii
lordship was first found dead and'lodced bila
the closet.
But, there is good reason to believe, tliat ae
such razor was ever delivered to^his lordship.
And that his lordship, when fbrst found dead,
was not locked into the closet.
Those who conspired the' cuttmg mv lord'i
throat ; and to charge his lordship widi beinf
his own murderer, did think it necessary, that
some instrument, which my lord might bate
an occasion to use, should \ye laid by my M'l
body, when murdered, as the preluded insini-
ment of his death. And by Boroeoy'a seodiB«;
to my lord's steward, for a penknife, it ia pro-
bable that penknife, had it been brou^t, before
my lord's murder, would ha^e been laid by the
dead body, as the pretended instrument, of die
suggested self-murder. But my lordbeifig
muraered, before the footman brougfat the
penknife, therefore the razor was to be laid by
uie body, as the f falsely suggested) instniiiic&t
of ray lord 's death. But had the larepe carrio^
knife, wherewith you will hereafter nod caose
to believe they cut my lord's throat, been foood
by my lord's oody , wlien, these not privy to the
murder, were first to see my lord's dead body,
then that very knife alone, would have prora
that his lordship was murdered. For it wodd
have been natural for the coroner and his jury,
and all others, to have conduded, that my bird
could have no occasion for such a knife. And
from thence would have bdieved that Ham
who brought that knife, did therewith cothii
lordship's throat. ~
That this story, of the delivering the tvuk
to my lord, a little before his death, is the ibr-
gery of those who were privy to my lord'snW'
der, appears very plain, from theliotorioiiaooa-
tradictions as to the time of delivering duf
razor to my lord,, in the relatioiis of my M?t
servant and warders, vrho do all pretend, that
they SKW my lord have this razor in bis basdi
thatmomiDgwheraa his kwdihip dM 9^
It77] STATE TRIMiS, 56 Charlw IL j6'84.'->r « Mt«fc««mir. Cl«7»
, Bkmeny (mjr lord's aerrant) in Ihe printed
Inforamtion, wbich appears to have been writ
by Bopeny in«a room, next to tbe coroner and
jury, where sereral persons were ready to in-
struct him, swears he delivered this razor to
my lord on Thursday, which was the day be-
fore my lord's death. Whereas, he had but a
little before that sworn beibre the coroner, that
he ddiv^red this razor to my lord the very
morning my lord died.
These contradictions appear, by comparing
Boroeny's infbrmatioD, which was printed by
anthority, and that information which the co-
roner took; in his own hand, upon his first ex-
nmination upon oath,and this last information the
coroner upon oath delivered to the secret com-
mittee. And b«>th these informations, ar^ herein
before printed. *
But Monday the warder, who first stood at
Tny lord's chainber-door for two hours, before
Itussel (that morning my lord died) came to
relieve him, declare to several persons, the
day of mv lord's death, that as soon as major
Hawley uad opened my lord's chamber-door,
the morning ne died, he stood warder there,
and it was about seven of the clock, and that
he then saw my lord have this razor in his hand,
^ two hours beH)re Russel came up to stand at
my lord's chamber-door; this is sworn before
the Secret Committee by two persons.
But Russel in his information before the co-
roner hath sworn, that this razor was delivered
by BoiAeny, a little before my lord's death, and
whilst he stood warder at my lord's chamber-
door. These before observed contradictions
between Bpmeny, Monday, and Russel, as to
die time of delivering this razor to my lord,
plainly appear by comparing their respective
accounts of ddiverinf this razor to my lord.
Now can any man believe, that Bomeny de-
livered tills razor to my lord the day before his
death, according to the information which Bo-
meny himself writ, and swore to, before tlie
coroner. And at the same time give credit to
what Bomeny had just, before sworn before the
ooroner (viz.) that this razor he delivovd to
my lord the very morning he died.
And can any man give credit to Monday's ac-
count of this matter, which affirms |hat my
lord had this razor in his band, at seven of the
dock, the morning of his death. And yet give
credit to Russel, who swears the razor was
delivered to my lord by Bomeny a very little
tune before my lord's <jeath.
^ 'Aiese three attendants upon my lord, at the
time of his death, are of equal credit, but yon
faant believe either of th^ three, as, to the
time of delivering this razor to my lord, with-
out giving the lie to the two other informants,
es to that matter, wherefore from those contra^
. dictions as' to the time of detivering this razor
to my lord, between these three attendants on
my lord, at his death, there is just grounds io
believe, that there was no razor at all delivered
to m V lord, whilst a prisoner in the Tower.
Olfdct. If any gentleman shall say, that all
Ihose^ three atlcawumtt apoan^ k>ra, «ttbe
timeof his death, agree in this, viz. that there
was a razor deliver^ to my lord when prisoner
in t^e Tower, and that thedr contradictions are
only in the point of time, when this razor was
delivered to his lordship.
Anttif. It is true, th^ are circumstantial ^
contradictions, in the time of delivering this,
razor to my lord of Essex. And the contradic-
tion of the twa elders, in their charge of adul-
tery against Susanna, was only in point of the
place, where they took Susanna in adultery.
For the first of those elders swore that they
took Susanna in adultery, under a mastick-
tree: but the second swore, it was ^der a
holm-tree ; but both these conspiring accosers
agreed in the main, viz. that tbejr took her in
adultery. Yet nevertheless, by their contradic-
tions, as to the tree, under which they pre-
tended to have taken her in adukei^, Daniel oon-
vinced the whole court, which bemre had rashly
condemned Susanna, Uiat those two conspiring
acctisers, had fidsely sworn a^nst Susanna i
and therefore those t\io penured witnessea
justly suflered that death, which they had con*
spired to have had inflicted upon her,, whom
they had falsely accused. And I never yet
heard any person deny Daniel's wisdom and
justice in this detection, or was tliat court ever
thought unjust, irhich upon that detection, did
pufiisii with death those two conspiring, but
perjured elders. Vide the History of 8£an in
the Apocrypha.
I shall now prove that those attendants upon
my lord, have swolm falsely, in swearmg tnat
the closet- door was locked i^ion my lord, whea
tliey first saw him dead. And this will plainly
appear by the many contradictions, between
tliose three attendants, as to the person, who
first opened this closet-door, after those tfare^
atteiiifants pretended, first to have discovereil
my lord's death. For Bomeny first swore be-
fore the coroner, that afler he had knocked at
the doset'door and my lord did not thereupon
speak, that he, Bomeny, did open the door and
there saw my lord lying in his blood, and the
razor by him. And that then he dilled tlM"
warder, Russel. But this very Bomeny> wh^n
he, by tbe instruction of his tutors writ his own
information, in a room separate from the coro-
ner and his jui^, then swears, that when he,
Bomeny, had knocked thrice at the closet-
door, calling my lord ! my k>rd ! my lord !
and bis lordship not answering, be peeped
through a chmk of the door, and then sav
blood, and part of the razor. And that there-
upon he called the warder Russel, and that
Kussel did first open the door. But this very
Bomeny, being at my trial, asked who first
opened the closet-door, upon mv lord's (ieath,
beinfffir^disoovered.by his attendants^ Swears,
that he knew not who opened the door. But,
Russel sweara before the coroner, that when
Bomeny cried out, that bdv lord was fallen
down sick ; that thereupon Kussel went to the
closet-door, and onenea if, the key being op,
the outside. And Kussel heie makes no diffi'^.
culty in openiag the door. 3ut MooAi^y m^
iS79] STATEmALS.36CflA«LSsn. l6U^TiMafBrMdiimmiiS^,[\m
lord's Mer warmer, iIm verjr day of my lord's
death, declared to tiro of bis acquaiiitaiice» as
they have swoni before the Secret Comraittee,
that my lord*8 bodt lay so rery dose, and strong
■ffainst the dior, that neither Bomeny or Bus-
sa could open the door, but that 'he beiD|^
much stronger than either of them, pot his
fihouldera against the door and then pushing
with all his miffht, he broke it open. '
If you mind those last obserred contradic-
tions, between those three attendants upon my
lord, as to the first opening the dosel-door,
after my lord was dead. You will find it first
sworn by Bomeny, that he opened the closet-
door, but he soon after swore, that Russel first
opened it. And Russel swears that he opened
it, the key being upon the outside, and men-
tions no difficulty in opening the door firom my
lord's body being, as pretended by Monday,
against it. But Monday affirmea that tne
body lay so strong against the door, that nei-
ther Bomeay nor Russel could open the door.
But, that he, by pushing with aU his might,
broke it open. These contradictions, between
those three attendants, as to the first opening
the closet-door, plainly prove that the closet-
door was not locked upon my lord*s body when
lie was first found oead by those attendants.
But, as a further argument that the closet-
door was tiot looked upon my lord's body,
William J\imer and Samuel Peckf hare
both' sworn before the Seoret Committee, that
they were servants to my lord of Essex, at the
time of his death, and that they had brought
some provisions to my brd's lodgings in the
Tower, a little before my lord's death was first
discovered to those out of the house. And
that they were some of the first who entered
ny lord's chamber after my lord's 'death was
discovei'cd to those out of the house,^ and that
my lord's body lay in the closet, but most part
of his less out of the closet, as ^e body is re-
(iresentHl in the cut before this book annexed.
And Monday, Russel and Bomeny theti de-
clared, that was the vevy posture In which
^ey fiist saw my ford dead, and that no per-
son whatsoever had moved or touched the
body after my lord's death was first, by those
attendants, discovered. And l^unec and Peck
have farther swoqi, that they then observed
the print of a bloody foot upon my lord's stock-
ing, and by the print of that bloody foot, it
appeared to be made by one who must be
coming out of the closet after my lord was
dead. And that must be one of the rufiians
who murdered him.
I shall now briefly sum up that evidence,
which proves that toe razor was not locked
hito ihe closet with my tord's body, when his
lordship was first found dead, as these before
mentioned three attendants, upon my lord in
die Tower, have sworn. For,
WilUam Mdwardt and Jane Loadtnan (two
children of thirteen yean of age, at the time of
my lord's death) have sworn before the Secret
Comndttee, when they we^e eighteen years of
age, That ibey nw a Uoody ta^or thrown
oat of my lodKs cbamber-wiodow, biAis mf
hnrd^s deani was discovered to diose oot of fki
boose. And several of the relatkNis sf llms
two children have sworn, that as soon sstlMNe
children returned from the Tower, that very
morning my lord died, they gave tbst aoawal
to them. And that these parents were alto»<
ther then strangers to each othcr^ the itj
living in Mark Lane, west of theTpwer, nA
the ffirl at 8t. Catherines, which is esstfhsi
the Tower, and about half a mile distant fimn
where the boy lived.
And this lelatioD of the boy and giri, asto
the thiovring the razor out of the cbaoiber,
oouM then nave in that aocoont, no dcKpi «f
proving my lord's murder. For it wm ast
publicly known, tiiat my lord's servant aad
warders, would that next day swear before llis
coroner, that the razor was locked into die
closet, when th^ first found my lord dead.
And WiOiam Edwards did farther depose be-
fore the Secret Committee, that he woold hafS
sworn this at my trial, had not major Haviej,
at whose house my tord died, frighted bim inia
a denial^ for this Edwards swears, that tlit
said major Hawley, meeting him, as be na
going into Westminster- Hall, to be an endeoce
at my trial, in a very threatening manoer kU
this Edwards (then oeing about thirteen vcait
of age) that if he the said JBawlev, had tba
management of him, the said £o wards, he
should be whipped once a fortnight for mm
years, which threatening of the UMUor, did w
terrify that informant (then but 13) that faewu
afraid to speak the truth at my trial, lest U
should be severely punished for so doisg. Bal
as a further evidence of the throwinff tkii
razor out of my lord's chamber window, wftre
it was publicly known out of the hoine, dot
nay lord was dead. It is j^ositively swon by
Mfr. Samnel Story, that mi^r Webster (one-rf
the supposed ruffians) did confess to Jiim, that
he threw that razor out of my lord's window.
And when Mr. Story asked Webster whatfoad^
him to throw that razor out of the window ?
Webster replied, that when he did it, be wa»
under such a consteniatioa, that he knew sot
what he did. «
And Lloyd, who stood centinel at my krd)
lodging, where my lord died, confessed, tbat be
did let in that -vpiy major Webster into mfjf»
Hawley 's house, where my lord lodged, a IlUb
before my lord's death. And that some sbert
time after that, he saw (he bloody razor tbrava
out of my lord's cbapaber- window, before bit
death was known to any out of thai bois^
Most men are to seek for a reason, that sbouM
induce any of those supposed assaarios to tbrv*
the razor out of my ford's chamber^wmdo^
before his death was discovered to any oot «
ihat housed
Ansa*. If we consider the fear and ama^
mcot which might paturaUy seize tbjen*"
fians, upon the least interruption, in P^'^^^^
that scene, wherein they did mind mywvt
body shouM be first exposed to vieit, wvm
not privy to the murder, we must notexpW-
4
IS8I} ' STATE TRIALS,^6 Ghavlbs II. l€84.«^0r a MU^kmeanor. (19Si
tliat what is done, iiDd€rtach a sadden confb-
aion, should always be acted accordinf; to the
best poHcy^ And tou find that major Webster
did confess, that when he threw that razoi* out
of the window, he was under such a confnsion,
that he knew not what he did. Now that gre^t
confusion might be occasioned by some one's
coming up st^irs^to my lord's chamber, before
the murderers had laid every thing* in that
posture, wherein innocent spectators were
first to see mv lord^s body. And Webster, then
liavtnff the bloody razor in his hand, in the
chamber, which nuor was intended to be laid
in the do6et by the body, as the pretended in-
strument of his death, upon the coming up
cf one, who was not then piiry to the murdfr,
was aftaid, that some person might be coming
to inv lord, and sent by proper authority, and
liiat he should be found in my lord*s chamber,
vith this bloody razor in his hand : beinirtbere-
upon under a fear of a discovery, Webster
ihre^ the bloody raeor out of the chamber-
window. But that dreadiui fear was soon
oTer, when the confederate villains found, that
the person coming up stairs, was only the ser-
▼ant maid of the bouses who afVerwards carried
up the razor, and was soon prevailed upon by
her master, to be silent; Ana then that razor
was laid by the -body, in the closet, as the
pretended instrument of my lord's death. As
to what is mentioned, in the latter part of the
next preceding paragraph, I did receive a very
credible information therein, soon after my
lord's murder.
That the above mentioned major Webster
was one of the murderers, farther appear pro-
hahle, from what is sworn of his producmg my
lord's Moody pocket handkerchief the very day
■ly lord died, and that handkerchief was Imown
g' the E» and coronet upon it, and Webster
en rgoiciug shook it, and said, ^ Here is the
* biood of a traitor, and I do hope to see many
' more such rogues go the same way.' And
the very next day (the same informant swears)
tlut migor Weoster nTodu<^ a knit purse,
out of which he told torty-nioe guineas and a
pistol. Whereas, it is ^proved that before that
time, the said Webster was very poor, and m
bonrly danger of being imprisonea for debts.
Had the coroner's iury narrowly observed all
]parts of my lord's body, from their observations
thereupon, they mignthave been convinced,
that my lord wtu murdered. But When the
jury hiUI been shewn the lar^e cut in the
throat, viliich was uncovered by the shecft,
which covered all other parts of the body, they
were immediately adjourned from my lord's
chamber, to a pulnic-house in the Tower. But
had the iury but uncovered the bod^, and ob-
served the five cuts in my lord's nght hand,
that alone would have convinced them that my
lord was murdered, and that those five cuts in
euts upon my lord's nght hand, ^vias.) due aU
most oo the top of his lore finger; and another
ufkon the same finger,' and near the hand, and a
third cot upon the TOurth finger, and another
cut upon his Uttle 'finger of the^samehand^
And a fifth eot,Tery lai^; about two inches
long, in the pal m'tifm^ lord's right hand. But
none of the cAitrtjer's jury, who were examined
before the Secret Committee, wotild declare
that they had viewed my lord's nght hand^
And that they might not make «uch obser-
vations upon a strict view of all my lord's body'
as were proper, and were necessary to be made.
after a slight view of the cut hi the throat, they
were hurried away to a public house, where
one of the most sensible men of the jury, told
Bomeny, that he was informed, his }4rA was a
very good man ; whereupon Bomeny declared^
that his lord was as good a man as Hved. Then
this juryman said, mat it was strange, so good
a man should be guilty of the greatest sin, for;
said the juryman, no action can be worse thafii
self muraer.
Whereupon migor Hawley toM that jury-
naan. That whosoever thought, that self-mur«
der was unlike my lord's principles, was not
well acquainted with his lordshij^s principles,
for many ^ndemen, who were mtimately ac-
quainted vrith his lordiship, Imew that his lord-
ship had olten declared that any man migfat
cut his own throat, or otherwise destroy him-
self, to avoid an infhmous death. And there-
fore this sdf-murder was according to his lord-
ship's avowed principles. This was sworn by
that very juryman befbrer the tSecret Commit-
tee^ and that this declaration of major H^wfey
did the more easily incline that juryman to
believe, that tny lora himself had really cut his
own tiiroat. But when major Hawley was
asked, by their' lordships of the Committee, by
whom was he ever informed that my ford of
Essex had ever justified a self-murder f Thl9
major did thereupon solemnly declare, that,
before my lord's inquisition be diA never hear
that my ford of Essex had ever been of such a
principle, as to justify self-murder; imd the
major did further declare to their lordships,,
thkit he was not near the jury at the pubhc-
hottse, where they did consider of this inquisi-
tion. It is well known that it was industriously
reported about town, soon after my lord's deato,
that my lord of Essex had often justified
self-murder, as a lawful act, to avoid an id-
famous executiota . Bnt majoi' Hawley 's deny*
ing, before the Committei^f,* that he did ever
sug^;est to the jury, that my lord had justified
self-murder, aad that before that jury sat ht
did never hear it reported to be my lord's prin-
ciple
This denial of the major plainly proves, that
he was conscious to himself, this pretenddd
principle was a fiilse charge against bis Tord-
his lordship's right band, were made, npon his ship. But seeing this suggestion of the major
lordship's endeavouring to put off that instru- I to the jury is positively sworn against him, by
ment of death, wherewith his murderers cut the jury (to whom the major was very well
his throat. For it is' positively sworn before kno«m) it plainly proves that this suggestion
the Secret Commxttea, that there were five was a fklae and malicious mveirted story, hud
TOl. VL ' \ 4 N
iai5] STATE TRIALS* S6Chaelb8 Ih l5S4.<-7ri«l0/Sr«AbiiMl%b, [\M
ftived. by the party vrbo murdered my
Iprd! And that miyor Hawky was pre-in-
stnicted by the coDfederating murderers, to
corrupt- the jury with this sugjjpention, so that
they might the riiore eanly be mclined to be-
)ie?e that my lord did indeed cut his own
throat. And whereas, majer Hawley did so-
lenmly'deelare before the Committee, that
be was not with the jury at the public-bouse,
where they consideredi of this inquisition.
This denial is proved before the Committee,
by sereral of the jury, to be false : for the
major bad g^Fen the coroner's jury repeated
occasions to remember that the major was very
industrious, at that public house, to hurcy the
jury in €nishing their inquisition. Fur some
of that jury, at that public house, desired the
coroner that they mignt not then finish this in •
quisition, but that they might be adjourned,
and notice given to mv lonrs family of that
adjournment, so that if any of my lord's rela-
tions or friends, would prove any thing on my
lord's behalf, in contradiction to the pretended
self-murder, such evidence might by tlie
jury be heard, before they did agree upon any
mquisitiou. But major Hawley then prevents
the adjournment, by telling the coroner and
the jury they could not adjourn, but must im-
mediately finieh their enquiry; because the
Jking ^then sitting in council) had sent for their
inquisition, and nis majesty had declared he
would not rise ^m the council board, until
their inquisition was brought to him. This
false suggestion, from Hawley, caused the
jury to make more haste than g^ood speed, and
so without any further consideration, they
agreed upon their inquisition. But major
^awley being asked by the Secret Committee,
who was the man, that'pretended to come ex
prMS'from the kinsp upon this occasion ? The
major declared to meir lordships, that he never
knew of such an express from the king, and
that he did not suggest this to the coroner's
i'ury, nor was he ever with them, at that pub-
ic-house where they finished that inquiry.
But several of the jury, before the Secret Com-
mittee, did positively swear ail that is before
alleilged,.tD be by the major suggested to the
jury. Had^ the cOroner discharged his duty,
m taking this inauisition, he would have caused
Bomeny, (my lord's servant) Monday and
Rui^el, his two warders, to be kept apart, (at
the time of their examination),, so that neither
might hear, or know what questions wei*c
asked the other examinants. And if upon
such- separate examinations, Bomeny, Uussel,
and Monday had point blank contradicted each
other, accordiufi^ to what is herein before ob-
served, to have been by those three attendants,
sworn or declared, in relation to the time of
delivering the razor to my lord, and as to li>o
person (of those three attendants) who fir^t
openefl the doset-door upon my lord's body,
I believe the coroner's jury, had they been of
•ommon sense and honesty, would hare bc<
Heved that neither of those examinants did in-
tend to discover what he knew, relating to my
lord's death, but that they were all t&ree pn-
engaged, falsely to swear what might inia-
ence the coroner and^ his jury to bdUre thit
my lord himself cut his own throst. Foe
should Bomeney (upon his first examiMtioii)
have sworn, before the coroner, that he detiTer-
ed the razor to my lord the day before hi
death, and upon a second examinatioa befbn
the coroner as to that matter, should hate po-
sitively s^vom, that he did not deliver the luor
to my lord until about half an hour before lui
lordsnip's death was discovered. AodsbodU
Monday have sworn, before the coroner ud
jury, that he saw my lord have this razor iohs
hand, and therewith scraping bis mils, it
seven of the clock in the morning, as soontt
my lord's chamber-door was opened, aad two
hours befoi-e Russel stood wardler at my lord*!
chamber-door. And should Russel hsTe swan,
that he saw this razor delivered to my lonlbf
Bomeny, afler Monday had left bis station it
my lord's chamber-door, and not half an hm
before his death. The coroner and jury mtst,
upon those contradictions, have beliered, tfai
story of the delivery of a razor to my kt^i
little before his death, to be an entire fbrgor,
and, wherein those three attendants, were pre-
instructed by some of those confederation mur-
derers, who had been the principal sontrinfl
of this barbarous murder.
And (as to the first opening the closet-door
upon my lord's body) should Boffieny fint
have sworn before the coroner, that my kri
not speaking when he had three timei koodod
at the closet door, that he then first opened tiie
door, and then saw his lordship h'wg is b*
blood ; and the razor by him. Bat von a
second examination by the coroner, uoul'
Bomeny have sworn, that be upon knoddsf
thrice at my lorcf s closet-door, my loid not
answering, that he only peeped through the
chink of the door, and then seeing mv lord oa
the ground, and the razor by bun, be called
llussel (then at my lord's chamber-d(Mr) wh*
thereupon came, and first opened the doset'
door. And should Russel have swon, tbit
he first opened the closet-door, and widiout
any difficulty, the key being upon the outaiit
of the closet-door. But had Monday beco
s\ii^orn before the coroner, he would have d^
posed, that neither Bomeny or Russel, wcfe
strong enough to push the 4oor open, beeiasc
my lord's body lay close and wmhtv agaiitft
the door ; and that he himseir did pot bs
shoulders against the door, and thrustit^ vii^
all his strengtii, he thereby removed the body,
and so opened the door. These beforanea*
tinned contradictions, between those duee i^
tendants as to the delivery of the "*^. *5
opening the doset-door, would have coortocM
the jury, that ^e closet-door )vas not bK^
upon the body, as two of those three atendaolj
had sworn before the coroner, and as the thnd
(that very morning my lord died) had dechrn
to several of his friends, who have swom ^
And from these forged and false accooott.
as to the delivering the racor, and npe&iif
2S5} ' ^ATB TRIALS, 36 ChabLbs If. 1684.-*/^^ a MitdmMnor. {Htfi
ae cloeet*door, 4fae jury would have oon-
fuded, that ttiose thvee attendants bad re-
olved to conceal what was really true, an'd
noat necessary to be known, relating^ to my
(nrd's death. For no man ever swore a pre*
neditated lie, tot to cone^ a material trutn. '
And 9 ein^ those three attendants, by their
ontradictory and false informations, bad re-
used to discover such truths relating to my
ord'ti death, as they themselves were privy to,
md which would have plainly proveil how my
ord w«a barbarously murdered. The jury,
rom- hence, ought in justice to have concluded,
hat those two forsworn warders and servant,
rere at least consenting to, if not the real
tdors of that perftdioas and barbarous murder ;
vhich treacherous cruelty it was their duty (as
ny lord's wai-ders and servant) to have pre-
sented.
But alas! such separate examinations, of
ihesse three attendants, could not be expected
Trom such a deputv -coroner, who in taking
iiis inquisition, was himself under the direction
^f those in the next room to the jur}', who had
issisted Bomeny in the forging his second in-
formation. For when some of the jury in-
sisted to have 'all the clothes produced, in
which my lord was found dead, the coroner
was hastily called into that next room, and
loon returning, he (in a passionate manner)
told the jury, it \\ as my lord's bo<ly, and not
his clothes, they were to sit upon. 'That they
had seen the body, and that was sufficient.
This was sworn (before the Secret Commit-
tee) by several of the coroner's jury.
King Charles the second, witli the then
duke of York, wa<i then in the Tower, when
my lord died, and when informed . thereof,
(whicli ^as a few minutes after his lordship's
death Was. first discovered to those out of the
house) his majesty appeared to be very sorry
for the same, and immediately sent my lord
Atlington, then governor of the Tower, sir
C M., and Thomas Howard, esq, to my
lord's lodgings, and his majesty commanded
those three gentlemen, that they should take
inimeiliatc caro, that all, atteadmg upon my
lord m\%\A be secured, and by them strictly
exauiioed, in relation to my lord's death. And
those three gentlemen lihould (as from his ma-
jesty,) order that my lord's body should re-
main io that posture wheron it was first found,
until the coroner's jury had sat upon tlie body.
Soon alter those three gentlemen bad entered
my lord's chamber, and ordered his lordship's
attendants, at the time of bis death, to be se-
cured, sir C— •^ M., (as a justice of the peace)
be$i;aa the examination of one of those attend-
ants, but as soon as he began that examination,
a gentleman came, pretending to be sent by the
king, to command sir C M . , (as firom his ma*
jesty) to go to the Old Bailey (where my lord
Russell was then trying) and inform the Attor-
ney-General, then chief counsel against my
lord Uossell, of my lord's death, and to know
of the Attorney- General, what was fit to be
iHrdered, in rdatioo tbereanto. But air ^
M., by the samtf gentlemaD, desired hie
jesty 's leave, that he^might take the examina*
tions of all my lord's attmdants at the time of
his death, pursuant to 4|is majesty's first oom-
mand. But the same gentleman soon caodb
again the second time, as firom the king, to tell
sir Cbrislepher, that itirras bis majesty's ex*
press oommand, that he should immediately
go to the Old Bailey. lu obedienoe to this re*
peated command, sir C-^ — M. immediately
went to the Ofd Bailey. But when the Hfcni
Committee asked sir C M. who that spen-
tleman was, that so came vriUi reneated oraersi
as from the king, for sir Christopher's going le
the Old Bailey, to inform the couit^tnen try*
ing my lord Russell) of my lord of Essex's
death. For the lords of the Secret Committee
told sir C. that they did believe, that the ven*
tleman used his migesty's authority, without
his majesty's privity. But sir C M. did
depose that he could not recollect, who that
gentleman was, which gave those repeated
orders, as from his majesty. It was « greet
misfortune, that sir C. could not semembeci
who ibis messenger was ; for could that have
been known, it might probably have be^i die-
coveqed, that this messenger was sent by Uie
then duke of York, who too often in thoee days
used the king's authority, without hie ma-
jesty's privity, and against the true interest, of
both king and kingdom. But contrary to what
was thus ordered by his majesty, as to conti-
nuing of my lord'q body, in the very posture,
wherein it was first foimd, my lord's body
was stript the very day of his death, and ail
his clothes then carried away, and the room
and ck)set washed. Ai^d all this done by the
command of major Hawley, who was justly
suspected as highly criminal in relation to my
lord's death, as appears by several of thoee ex*
^ amihations, herein before mentioned. The day
before the convention met, he was confined to
his own house, by order of the lord Lucas, thea
EDvernor of the Tower, as soon as the lord
ucas bad received those before-mentioned in-
formations, which relate to major Hiwley." Ae
soon as the coroner had taken this inquisitioii,
he carried the same, with those befere-men-
tiooed informations by him taken, to Whitehall,
to the secretary of state, in order to their being
immediately printed. But when by the secre-
tary or some in authority, under nim, it wae
found that Bomeny my lord's servant had
sworn, that he delivered the raaor to my lord
on Thursday the day before his death, and
Rustel had sworn it was not detivered until
Friday, and not half an hour before his death :
These contradictiona (by some at Whitehall)
were not thought convenient to be expoeed in
print, as they were sworn, lest tb^ should
give just ground of soeiiioion -that the whole
story [of the delivery of a rasor to my lord]
vraa forged, and therdtore a reconciler was or*
dered to amend Bomeny's inlbrHiatioa, so thdt
it might be agreeable, to Ruseel's information.
And thereupon this reooncilery to what Bo*
meoy had iwoni, added (oa Friday the
1287] STATETRIALS»S^CHAELSSlt. l6Si.-^TyMofBra4dtmmiiSpAi. [\m
Idtk inataat) but tU9foiig«4 aMtion wfui made
wkhoat tbe least coDgniitjr ts> wensejaT gram-
mar. For it is apparent, that tile Ibregotng part
•»f BoBMtiy's. information relMea whoUy to
Thiaf84iay» but at last, without any re^^ard to
what Bomeny had before sworn [on Pnday the
ISIh instant) is ibrged and foisted in ooolrsry
to att Vuks of grammar, and common measures
<^' sense.
1 shall now give a more partioular account
of what arbitrary raeasDres were taken to pre-
▼€Bt a discovery, of this murder. How several
of the soldiers who were in the Tower, that
flioming my lord died, having soade such dis-
ooveries as satisied them my hird was trea-
cherously murdered. Tboaa soldiers had, that
T«ry day used too great a freedom, in their dis-
course with rekuioil thereunto. And tberelbre
(Bleak declared to two who have sworn it) that
the next HMrning after my loid's deAth, a 60-
lonel IB the Tower, called sevei'al saldieri tog«<^
ther, and, under severe threatsBings, enjoined
them not to speak' one word of what they
had seen or heard, relatmgto my lord's death.
Wherefore the said Robert Meak desired those
pesBons (to whom he bad, the very day of my
lord's death, freely diseoursed eonoeming my
lord's being murdered) not to divulge whet he
had tald t£em relating to my^ lord's death, for
(sfldd Bicak) dionld &at be known, it would
yrovemymitt. But some short time after that,
this very Robert Meak declared, [to thre^ per-
sons, who have sworn itl t^t he did bdieve, he
should be privately muvoered^for what he knew
and had oedared* relating to my lord's death ;
•nd, the very day he was murdered, he desired
one Bampton end Davison to keep him com-
pany the remnininff part of the day ; for I foar
that this diMT I shall otherwise be murdered, foi*
<said Meak) 1 have this day observed that I
am dog*d, by some stranee aadisuspicious per-
4M>ns. Qot Bampton and Davison- refused to
keq) Meak oomnaay, lest they themselves
should thesdiy inoanger their own lives. And
the. very next morning this Mode was found
•dead, in the Tow.er-ditdi, and just over against
m^jor Webster's ale-house, which stood near
Tower-diteh.
As for Raddle tbe soldier, (who thte day of
my lord's death, had so fre^v discovered what
he knew relating to my ioni's murdi^) I was
' informed, that this Ruddle was, with some otiier
.floUiers, sent to the £ast-Ind^ soon after my
lond's death ; and, at Fort St. Gcoige, shot to
daatlL ; but 1 conldnot learn, for what canse be
was so punished.
There #as one Mr. HawLey, a warder in the
Tower that very morning my lord was mur-
dered, and by what he had observed in relation
thereunto, he had reason to deohire to a friend,
that mv lord's desth was a piece of viUainy
througbotft.
This Mr. Hawley, hemg in Westminster-
.haU, whftkt I was trying at the King's-beneh-
har, he said, That he wondered wlmt made me
•atir,. in vektion to my ford of Essex's death,
^rhsn,tohiskii9wl0dget, Ihatwjiolbiag^that
matter. Whereupon one Mr. BrtOB, thit
the city coroner, said, Mr. Hawlejr, if yai
kuow that Mr. Braddon knows noUuag, is re-
lation thereunto, what must you know of thai
matter ?* Wheieunto Mr. Hawley nnde u
reply. But Mr. Hawiey's knowledge thtrdi
cost him dear ; for about March next tftersiy
lord's death, Mr. Hawley wss missing, where-
upon one of the warders, who was suppoiedii
be a papist, said, that Mr. Hawley ntd hea
prating about the eari of Essex's death, ud
for sueh his discourse was forced ts fly. Btt
six weeks discover^ the contrary ; for dm Mr.
Hawley was then found dead aiad ilript, isi
river near Rochester, and his marderashid
so barbarously trested him, and bruised, lad
altered his fhoe, ftom his natursl forai, thitb|r
his fooe none could knew him. But his wm-
derers had left his stockings upon bis legs, nd
thereby his wife knew ihe body to be ber hof-
band's, for he wore three stockings ODOSfloe
leg, «id, for some indisposition in the othei hf^
two stoddngs, and a seer^cloth. After this Ih.
Hawler had been missing a few days, wA
upon tne strictest inquiry could not lie hmi
or, his widow, in sevstal Qi^ettes offered sie-
ward of 100/. to auy, that should discoverbcr
husband's body desA or alive. Bat it vas seir
six weeks before the body was found.
It is believed some more persons were mm-
dered, to prevent their discovering wbatthrf
knew in relation to my lord's murder ; ibr Jem
Holland, one of the supposed assassins, dechrri
that severs! persons had been made away, iw
blabbing what they knew relaHng to my kid
of Essex's death.
And besides ^such additional murders, to pie-
vent the discovery . of my lord's muider, ether
ttrbitrary methods were practised to hinder etbcr
people from discovering what they knew it-
nting to my lord's muiSer. For,
RicAord Jordlondenosed, that some shertte
after my lord's deam, he saw a soMieriifldto
the wooden Worse, in the Tower, bjr order ef
lieutenant colonel Nicholson, andwbiplsfteri
cruel and barbarous manner: and thisdeiieaeet
heard the said cohmel Nicholson tell tbecoldier
he ought to have been been banged far what
he had said. And this deponent beisffTCiy
very well aonuainted with the marshtl, tbd
whipt that sMdier, he did afterwards inqvB*
of the marshd, how many stripes he gsve (ha
soMier, and the marshal said, that the said o»-
loBd Nkholson oomasanded him to give hia
fifty three stripes, and stood by all thetiw
to aee it done. Wheress the ususl iNV-
her- of stripes given to soldiers whi^t stthtf
horse, was twdve. Whereupon this ndsnM^
then admd the marshal what great ofiesce bd
tiiat poor soldier comautted, tlmt his pssisi-
ment was so severe, whereupon the said vu-
shal gave the deponent this toformslJoD, (vis)
That a certsin ifootor of divbity staadinf «*er
against the chamber, vrfaerein'my lord M
the doctor then* asked that poor soldier, tha
standing near him, which was the €kaA»t
wheiemykrdofBMcxaithiithmat? Wii«^
1289] STATE TRIALSi 36 Chauss II. iSU^r-^ • MhAmmmr, [1S90
opoa the soldier pointed to my lord's chamber
vnndow, and said, That is the chamber, where-
in it is said) that the earl did cut his throat.
The doctor then asked the soldier what he did
believe? I believe iu God, replied the soldier.
tJpon which the doctor said, That belief of your's
1 do not now question ; but I 'desire to know of
joo, whether you' do not believe that the late
earl of Essex did indeed cut his throat ? and
presaing the soldier for his answer tbereunto,
thatunbappy spidier did thereupon say, Sir. I
-wiU not aay 1 do bebcfve it ; aqd, thereupon the
doctor informed the governor, of what was said
by that soldier, who was thereupon piit in
prison, and, tor a fortnight, fed upon bread and
water, and, when the governor was out of the
Tower, lieutenant colonel Nicholson ordered
the barbarous whipping abovo-mentioned to be
inflicted. And the more effectually to prevent
any discourse, that might give the least cre-
dit to my lord's being murdered, the then arbi-
trary proceedings'^ of those days, punish ci oq»
of my lord's coroner's jury, because he declared
his di8satistigu:tion in tiudmg my loridy!^ de m.
This juryman was one Mr. Colston, who had
many years taught writing, and the mathema-
tics. Upon Tower-hUl. And some time. after
my lord's death, ^his juryman was giving 'some
persons an aocoont of the several irregularities
which had been practised, relating to my lord's
body, before they of the coroner's jury had
seen the body, and that juryman declar«l that
these jurymen were not permitted to make
those mquiries, which were necessary to dis-
cover the true manner of my lord s death.
And then that juryman did further say. That
be did believe that all of us [the coroner's jury ]
were intatuated to bring my lord in felo de se,
/but he did believe, thatbad they not been hur-
ried into their inquisition, they should have
Ibund it otherwise; for this discourse, this. ho-
nest coroner's juryman, was prosecuted, upon
an information, and first was sentenced to pay a
fine of 300/. and to be pilloried. But sir John
Friend, who was executed for high treason,
since the Revolution, having been this Colston's
scholar, and then having a great interest at
court and particularly with the then duke of
York, iaterce<led for a mihj^on of tk^ al^ve
judgment, and sir John Friend thereiB so far
prevailed, that the piUor)riiig the jorymaa was
remitted, and his fine mitigated. But hebv
' prisoner for some tioae in the Kiftg's-bench
prison, for that mitigated fine.
If such arbitraiy practices, aa those men-
tioned, were used, to urevent any persons de-
claring their belief of my lord's murder. It
oould not then be expected, that those then m
power would give the least encowragement to
a fall discovery of this perfidious and barba-
rous awarder, and therefore all reasonable pro-
posals made to them, then in power, for a dis-
covery of this murder, wcve to be reeded ;
and a remarkable instance henoi is what
follows, (viz.)
About six weeks after my lord's deatb> there
wssft kttttt tmaoaledtlaftwitii Ma lllr. dad-
man, a bookseller, then living in Dorham £^
change in the Strand ; thia letter was.dtreclod
to the right honourable the rountesa Dowager
of Essex j the substance of tiiis letter was,
that,
' If her honour conld prevail with the king;
for tbe author's pardon, he would then make
a full discovery, now, by whom, and, whose
order • my lord was paurdered. And thia
letter did assure her honour, that tbe (then)
duke of York, and my lord -— ^, were aatha*
riziog this murder.'
This letter was subsoribed < P. B.'
By the hand, wherein it was writ, and tbe
two letters subscribed, ' Paul Borneny-,' b»>
Ibre-mentioBedy was the author of Ibis letter ;
and this Bomeny did once blasphemously ss^,
that he knew as well how my lord eamo by
his death, as God Almighty himself.
The letter above-mentioned was fiurlv writ
between a Roman and an Italian ban^ and
such Bomeoy did write, when he did intend to
write his best. And the two letters, P. B. aie
the two initial letters tePftul Bomeny's name.
Object. If it shall be oUeoled, thai tbla
letter- cannot be sopoosedto be writ and tab-
scribed by Bomepy himself; for had this fellasr
been takoi up, and the letter, proved to bate
been writ by hin|, tliis letter alone mif^tbave
convicted him, seeing therein be did (lA eiih-
stance) confess himself guilty of tbal mvider^
Antm, Gould this letter have bees^ prowd to
be Bomeny's writing ; nay, had he esaftsSeil
he writ tbe same, he was ii| no daager ef m
prosecution from the mole-administiatiti ^
tlioae days. For had those tbea in ambafity
hereupon caused Bomeny te have besa apfit-
bended, they wonld therein bsnre eatehed, a
tertar ; for snonld they have proeeflied agaiall
him, upon this letter, the woridf vtaU tb«i.
have coQckided, thai the tvbole cantenta tberaof
had been true, and conseqtendy that the tiMB
dukeof York, and my lofd-'^-^ ware the prit-
cipal contrivers of this barbarous mufdor. • Md
then, what wouM the dobe of York, and Ua
creatures then tbe principal miftisteni of sSate^
have got by such a proaacntion, oonvioliSiiaMl
punishment f
Mr. CmAmoii deposed before tbe aaorst com^
mittee, that be canried that bsttct to a jartiee
of peace, who did afterwards mform Mr. Gad-
man, that be carried it to tbe seerstniy of
state. But Mr. Gadtaan deposed that bewaa
nM sent for, either hy Ibat seoralary of • atete,
or any other minister of state, to he cxa-i
mined, in relatk>n to the receipt of that lettsr«
Had not the then didm of Vorit (whose ntkn
patience for tbe crown would not stey, as yo«
will hereafter find, until a disease bad fMy
given him tbe sacocssion) been ralty, ef bsioff
tbe principal author of my kird'amuidep, aaq
had not some of that doWe'a chief cieatntsa
been also involved in the same guilt ; no obam,
nor indostry would have been vranting, in &e
then mimstry, to find out the autborof that
letter, m order to a foil discovery of that
dBr» wbitii in itealty md tha
lS9i] STATB TRIALS, 96 Cbaalu II. l(84.-.7ritf/ ^ BraddtmandSpeke, [m
thereof, wa« one of ^ most treacheroiu and
tMrborous eroehies that was erer recorded in
Great Britaio's annals.
J haTe great cause to believe, . that king
Charles the second was never informed of this
letter, lor I have many particular circumstances
which strongly prove, that his then majesty
was not ' made privy to that black contrivance
^ my lord's murder ; for you will hereafter
find that king Charles the second did intend to
have bad the earl of Essex's murder fully dis-
covered, in order to which king Charles would
have pardoned one, or more, of the uuder-
actors, in order to have made a full discovery
«f the principal authors of that murder, though
king Charles the second, out of natural affec-
tion to his brother, the then duke o]f Yorlc,
would have removed that duke's person from
the danger of sufiering, what his guilt therein
had juray deserved, and therefore the then
king would have obHged that duke to travel,
« before king Charles bad ordered a melius in^
* qoirendum' into the murder of this unfortunate
lord ; for his majesty did declare to the then
• lord Allington (not many days before his on-
timely death) that his majesty would make a
strict inquiry into my lord's death. But of this
I shall (in the dose of this discourse) give a
more [^rticnlar account, and upon what occa-
sion, kmg Charles had come to tnat resolution in
relation to the discovery of my lord's murder.
' Some short time after the secret committee
of lords was appointed to inquire into my lord's
death ; Paul Bomen^ before-mentionedf being
in France, writ to sir Henry Capel, my lord
Bssex's brother, and did assure nis honoiur,
that would his circumstances have enabled
him to be at the charge of coming into Eng-
land, he would soon come to England, and do
my lord's family all the service, within his
power, in relation to his lordship's death. But
if sir Henry Capel would remit him money to
fvurnish him with what was necessary for such
his return into England, he Mould (soon after
such remittance) come to London, and wait
upon his honour. Sir Henry Capel shewed
me this letter, and then declared that he would
remit to Bomeny a sum sufficient for his
• coming into England. But I then told sir
Heqry Capel, that Bomeny had lived in France,
for several years, a profest papist, and might
therefore be presumed to be under the direc-
tion of his pnest ; and I could never believe
that any Romish priest would permit Bomeny,
• to make a full discovery of my lord's murder;
•eeing such a detection would be very destruc-
tive of the popish interest. But sir Henry
declared he would remit the money, and run
that hazard. And sir Henry did afWrwards
tell n^e that he did remit Bomeny the monev
accordingly. But after that remittance, sir
Henry £apel never h«urd of either Bomeny,
or money remitted. I shall now give some
account of one John Holland, who, to an inti-
mate friend, had dedared that he was one of
those wha* cut my lord of Essex's throat, and
Miat it was done with a r^y large knifej aqd he
did then mfbrm his fViend, bow he came to be
engaged in that service, and the reUtion which
Hottand then gave, was, in substance, as fd-
loweth (wiz.)
* Holland some short time before my lord's
death, waiting upon a certain great lord, aod
then a minister of state, and in whose familjf
he had for some time been a servant, his
lordship seemed very much discomposed.
Whoreupon Holland then told his lordslup,
that if bis waiting upon bis honour, had lo
discomposed liim, be would immediatelj
withdra^v. No, said bis lordship, I am not
angry with you ; but ^m very mush coo-
cemed to think, that of the many serranta,
whose fortunes I have raised, there is not
one of them, whom I can trust, or that will
serve in such an aflTair, wherein I would em*
ploy him, or words to that effect Where-
upon Holland declared to his lordship, that
he would faithfully and punctually obey his
lord's commands, in whatsoever was within
liis power to perform. Whereupon that lord
discovered to Holhind the desiflroed death of
the earl of Essex, and would have Holland
to be therein principally concerned ; to which
the said HoUand readily consented ; and
Holland declared that they cut the lord sf
Essex's throat, with a large knife, for that
purpose bought. And Holland did farther
inform his nriend, that some people bad
been made away, for prating of what thej
knew, in relation to my' Icird's death, test
they should make a discovery of my lonTs
murder.
* This very Holland was aflerwards the
principal person concerned, in contriving, and
robbimr one doctor Gatford, to the value of
some hundred of pounds. For which rob-
bery the said Holland, and doctor Gatfonlli
maid, and one Davis, were committed to New-
gate. But whilst Holland was there a pri-
soner, he was very merrj% and was ahnoit
daily visited by that noble lord's secretary,
who had (as before-mentioned) enga^ Hoi-
land in my lord's murder. And notwithstand-
ing Holland well knew, that the evidence
against him for that robbery was very fall,
and that he had just cause to believe heshould
be convicted. Yet the said Holland told soise
of his most intimate acquaintance, that he was
sure not to suffer as long as my lord — — hath
any interest at court. And that he was far-
ther assured, that he should never want mo-
ney as long as that lord lived. And that bis
lordship had sent him sixteen guineas, as soon
as he heard of his commitment to Newgate.
' Major Richardson (then keeper of New-
gate) did inform the lords of the first genenl
committee, appointed to inquire into jooy lord's
death, that when he (the said Richardsoa)
was told, by his under keeper, that such s
lord's secretBry did almost daily visit this Hol-
Jand,. and, as Holland boasted, by bis lord-
ship's order, and furnished him with mooey
whilst Holland was prisoner for the said rob-
bery : That the major told that seattsiyi
1293] STATE TRIALS, 36 Ch ABLBS II. l6^4.—/&r « MUdmeanwr. [1 204
* that his lord^ip's honour was exposed, bv
* appearing^ so much conceroed for such a vif-
*• tain, a greater than which I oever had (said
* the major) in my custody, since keeper of this
* ptace. But that secretary then pretended,
* that his lord was much concerned for Uol-
^ land, because the said Holland had for some
* time waited upon his lordshio's eldest son.
* Upon the trial of Holland, l>ft?is, and the
* servant maid, for this robbery, by the evidence
' it appeared that Holland had debauched the
' maici, and afterwards prevailed with her to
* (M>nsent to the robbing of her master, of all the
* doctor's plate and money (then in the house)
* and what else was easily portable and valua-
* ble. And that this Hollsuid did also prevail
' with the said Davis (who was a gentleman's
* son) to be concerned in the robbery. Upon
■ the trial, all those tbi-ee, (viz.) Holland, Da-
' Tis, and the maid servant were convicted.
* And, notwithstanding, upon that trial, it
' * plainly appeared, that this Holland wis the
* principal contriver of that robbery, and that
^ his other two accomplices, were by Holland
prevailed upon to be his coadjutors in that
< robbery ; yet this principal author, and actor
* therein, was pardoned, and his two under-
* strappers were executed, for the same.
' And when doctor Gatford found, that Hol-
* land's great bterest at Whitehall had pro-
* cured hu pardon, the doctor then (in an after
* sessions) moved the court, at the Old Bailey,
' that he might chaige the said Holland with
* an action, for what he had robbed him.
* Which being granted, Holland was accord-
* inglv charged with an action of some hun-
* dneds of pounds, at the said doctor's suit.
*^ Whereupon Holland removed himself to the
< Kin^s-Bench orison ; from whence (in term
* time) he had liberty to go abroad with a
' waiter, and one John Waytis, (then a waiter,
* belonging to the King's- Bench prison) did ge-
* neralW attend upon Holland, when he went
* abroad upon his rule. And that very John
' Waytis hath sw.crn, thai, he did often go with
' Holland to my lord , and as soon asHol-
* land sept his name to hb lordship, he was im-
* mediately admitted : and, upon coming from
* his lordship, he dici (several times) show the
« said Waytis, many ^^uineas, which the said
< Holland pretended his lordship had given
<hini. Whereupon the said naytis asked
' Holland, how that lord came to be so kind to
* him P whereupon the said Holland answered,
*^withhis usual phrase) Damn him, I have
* oone that for his lordship, that he durst not
* do otherwise.
< And the said Waytis did farther depose,
f that one day telling the said Holland, thai it
■ was whispered about, 4hat the earl of Essex
'was murdered, the said Holland then said,
' Damn him, it was not a farthing matter, if
' twenty such, were so taken off.*^
He Uiat thought twenty such as my lord
ought so to be taken off, would not much
boggle at the being eoncerned in Uia monler-
Ing of one.
This Holland was afterwards concerned witfi
another, in the murdering an officer of the
Compter, of London, for which murder, Hoi-*
land and his accomplice fled beypnd seas. An<)
thereupon they were both prosecuted to an out-
lawry for that murder. But whether this Hd^
land be now living I cannot tell.
I shall now contract the material prooft beibit
mentioned, to prove that this great patriot was
barbarously murdered. But I shall first g^ve a
brief relation, of what was.swom before the ooro«
ner by one of my lord's warders and aervantr
to prove the (oretended) self-murder. And the
substance of tneir evidence declares, that a r%i
zor was delivered to my lord to pare his nails,
that with that razor he retired into his closet,
and locked his closet door, and less than half ai|
hour after that, the door was opened, and my
lord's body there found, witli his throat cut, and
that razor lying by the body. But if it apj^ear,
that what was thus sworn, to prove my lord
fsla-de-u, is an intire forgery throughout, thai
done will be sufficient to prove this barbaroue
murder: For
No man ^ver swore a premeditated lie, wheft
a truth would serve his turn. And
No man ever swore a premeditated lie, but
to conceal scsje material truth. If therafore
what was as before sworn, to prove the pre-
tended self-murder, be a premeditated lie
throughout, that lie was then sworn to conceal
those material truths, which, if discovered,
would have proved this barbarous murder. r
That those warders and servant, who would
have proved my hrd/elo-de'se^ have, for that
purpose, sworn what is false, in every material
part of their evidence, doth plainly appear from
this one consideration or maxim relating ia
proofs, viz.
^When two or more, who pretend to be co-
witnesses to a fact, shall C9ntradict one ano-
ther, in some material circumstances, relatiag
to that fact, those contradictions strongly con-
elude, that they have sworn falsely.
Now my lord's two warders and servant have
materially contradicted each other, in their
proofs, for the (pretended) self-dauKler : This
j;»lainly appears oy comparing what they have ,
sworn, or oeclareff in relation thereunto. For
Bpmeny first swore, that be delivered to my
lord this razor about eight of the clock in tha
morning my lord died; but vrithin an hour
MVer that, Bomeny in his second information
swears, that he delivered this razor to my lord
on Thursday, being the day before his lord'e
death. And
Monday, one of my lord's wardens, on the
day my lord died, declared to some of his ac-
quaintance, who have sworn it, that he, first
standing warder at my lord's chamber door, this*
morning on which he died, saw' my lord have
this razor in his hand, and therewith scraping
his nails, as soon as my lord's chamber- door
was opened, and two hours before Russel, that
morning, stood warder at my lord's chamber-
door. But
Russel hath twom that he standing warder
litps] STATE TRIALS, 36 Charlbs li.l6H.^Trki^Brai4MmiiSpdce, (it^
ftt njr lord's chamberHloor after Monday went
domi irtairt, aavr Boraeny deli?er this razor to
my lord, not halFati hour before thfty ibund my
lora dead in the closet.
Tb6se oontradictioDS (relating to the delivery
of this nuEor to my lord) strtmgly prove, that
no such . razor was 'dehrered to my lord, ^whilst
a priaonerin thr Tower.
I shall in the next place observe the
contradictions of those witnesses for the pre-
tended self-murder ; as to the first opening the
closet door, after my lord's death : For,
Bomeny first swore, that abont half an hour
after he delivered to my lord this razor, be
came up to my lord's chamber, and my lord
being in the closet, Bomeny km>cked at the
Moaet-door, calling several times my lord ! my
lord ! bat he not answering. Bomeny there-
linon pushed the door a little ojijen, and tnen saw
his lord lying all at length on the ground in
hia blood, and the razor near him on the
fraond. But,
Bomeny in his second inibrmation, which
(with the assistance of his tutors) he writ in the
room, next to the coroner's jury, liwears, diat
after he hitd several times knocked at the
dostl-door, and my lord not answering, he
took np the hangings, and looking throuc^ the
chink, be saw blood, and part of the razor.
Whereupon he called the warder Russd, who
did then first push the door open. — Bnt
Monday declared (the day my loni died, be-
fore two of his friends, who have sworn it^ that
my krd's body lay so dose to| and heavy
a^rinst the doaei-rfoor, that neither Bomeny
nor Rus$el eodld open the closet-door, but
that he being much stronger than eitiier of
fliett, did put hia shoulders against the door,
and thrustme with all his strength, he re-
moved the bffiy, and puahed the door dpen,—
Whereas
Ros^l hath sworn, that he first opened the
doaet-4oor, the kev being on the outside^ and
mentiotis no difficolty tiierein, 'from my lord's
tody then lying agamst the door, as Jnonday
These oonttadietions, between these three
iritneaseB, as to the first opening tfaedoset-
door, after my lord's death, do condude that
the doset-door was not locked, when diose
iritaesses first saw my lord deadin the closet.
»^But as a farther proof, that this closet-door
tieither was, or cooul be locked npon my lord's
TWo witnessm- have deposed, that upon the
first discovery of my lord's death by his wkr-
ders, to those not pnvy thereunto, they ran op
stairs into my lord's diamber, and then saw my
lord's body lying in the closet, hot his l^ with •
tmt the closet, and that Bomeny, Monday and
Kiiaaet then declared, That was the very
poakora wherein they first found my lord dead.
And whereas it was sworn before the coro-
ner, by Bomeny and Rossel, that the razor
was lying in the doiet by the body,' when my
lord's death was by them first discovered— I
AilliMiwditprovii dnt ptrt of their evidence.
and shew, that this razor was laid by the bedv
in the doset, as the pretended instrumeat cf lut
death, after my loitl's assassinates had mv-
dered his lordsnip, with a large knife, moek
fitter fi»r that viUainoas pnrpoae, than tbii rmt
could be. — For
Two witnesses have sworn, Hat Ihev ww
a bloody razor thrown ont of my lord's ditah
ber window, [which is Ifi fi>ot distant frsn isy
lord's doset^ before it was discovered to uj
out of thatliouse, that my lord was dead. Am
that the maid, when she carried diat rszor vp
stairs, into my lord's chamber, then cried M
murder ! murder ! several times, and thochy
first discovered my lord's death, to those oat «f
the house. Aod six witnesses have ^woro,dnt
those two informants, r^ated this natter rf
the razor's bring ao thrown out of the wiadoifj
as soon as they, that dinr, returned, to dieir
leapective habitations. And tfiecentinel,aiw
stood at my lord's lodging, confest that be nw
the Moody razor thrown out. And WebHer
(one of te supposed ruffians) confost tbit k
himself threw it out. And several other nl-
dim (then in the Tower) have sworn, dnt, ii
the morning of my lord's death, it was gescr-
nerally disconned in the Tower, thatansor
was thrown out of my lordls chamber wiailov,
and carried mtothe house byfiiemsid, who
to^ it up.^And there were several greit
knotches m the razor ; and paiticohrly «•
very large knotch at the pmnt of the^rtsor;
which knotches were occasioned by the nxon
fidlin^ upon some stones, when thrown out of
the window. So that after the maid carriedop
the razor to my lord's diamber, aome of tiw
confederating murderers laid that razor in dn
closet by the body, and it was then to be gircn
out, that with this razor my lord cut bis ova
throat,
I hope every importfal and iudidous rttiff
will find, that I have disproved eveiy mateml
part of what was sworn by B<mieny aad Ru-
ael, before the coroner, to prove the prete&dei
self-murder, (viz.) < Hiat tbare was a itsor
* ddivered to my lord to para his naib, tkit
< with that razor he retffed into his dose-fllooi
* doset, and there locked himself in. Tbit,
* upon opening that closet-door, my lord^
* body was th«re found, with his throat att
* and that razor lying by the body.'
If therefore tiiose two perjurod informasti,
before the coroner, have sworn fakly, to change
my lord with the self-murder, it was swore bj
them to protect themselves, and their mnider-
ing confederates, fifom justice: for havioi^ beet
hired, by the duke's agents, barharoosly to
murder, first the person, and then the boDOUT)
of that great, but unfortunate lord. For,
Floyd, &e centind at my lord's lodpngSt
bang taken up^ 1688, as sospected to bepnry t«
my lord's murder, did then confess to a gwe*
man and afterwards to the justice, and sAff
that to the Secret Committee of Lords, and hit
of all, whilst a prisoner in Newgate, he ooa-
foat to an intimate aoouaintence, one TeopA
a batcher, that by. order of major tki^} *
1
097] STATE TRIALS, sSCharlks II. l684^-^ a MUdemeancr. [iQgn
fore my lord's ^eath, overheard at her said
master's house, some of those Terv papists
d^are, that it was resolved the earl's throat
shonid be cot, bnt it should" be given out, tiiat
my lord did it himself, a&d if any should assert
the contrary, he should be taken up and pa->
nished for it. And she did ikrther depose that
the day my lord died, some of those very
Kapists, met the third time at her said master's
ouse, and then and there declared to her said
master, that they bad that morning cut the
said earl's throat, and that they could not but
laug^h to think, how tike a fool the earl of Esses
looked, when they came to cut his throat
And this deponent did farther declare, that
soon after the said earl's death, she told one
Mr. Billii^r (with whom she had before lived
as a servant) that she was mightily troubled to
think, that my lord of Essex should be falsely
charged with murdering himself, when she
had (as above related) heard the papists declare
how, and by whom, the said muruer was con-
trived, and afterwards with great joy confessed
by some of those very ruffians, who did it,
liut the said Mr. Billioger, then advised this
informant, not to discover what she ha^ as
before overheard, least her talking thereof
might occasion her own death. But this de-
farther declared, that i^e was very much
troubled that she could not with saletv discover
this matter to some magistrate. But several
persons in whom this deponent did put gr^t
confidence, and to whom, in king James'/i
reign, she discovered what is above by her
dedared, did all of them advised this informant
not to npeak of it, whilst the popish interest
fovemed us, for such her discourse would ha
er ruin. Seven witnesses have deposed, that
in king Charles the Second's, or king James
the Second's reign, the said informant did, in
substance, relate to them, what, as above was
by her heaoti at Holmes's house, relating to
jm^ lord's murder, and that they did advise the
said deponent, not to talk thereof, lest she
might thereby both ruin herself, and some
others to whom she might make such a dis-
covery.
And whereaa the said Dorothy Smith, did de-
pose that she lived a servant with the said Mr.
Holme*, some time before, and continued there,
till after my lord's death. To invalidate this
evidence, one Dorothy Hewit, a violent papist
and sister-in-law to tne said Holmes, did de-
pose that the said Dorothy Smith, in April he-
tore my lord's death, was turned out of that
service, for a supposed theft. And one Eliza-
beth Gladman, (who appeared to be of a loose
character) did depose, that she, in April next
before my lord's death, came a servant to the
said Mr. Holmes, and continued in that service,
for some time after my lord's death. But in
contradiction lo those two informations of
Hewit and Gladman ; eight witnesses have
deposed (on behalf of Dorothy Smith) that the
said Dorothy Smith was a servant with the
said Holmes long afler April, 1688, and con-
tinued in that service about the ead of Essex's
40
of my lord's warders, he let two or three
leD, into my lord's lodgbigs, a little before my
ird'fi death, and that major Webster was one
f thane men ; and that they went up stairs,
ito Oky lord's chamber, and immediately
heteapon* this Floyd heard a great trampling,
n my lord's chamber, and some noise like the
all of a man's body. And that, some time
.Her this, it was declared, bv my lord's waixJers,
hat, my lord of Essex had cut his throat witli
i mzor. But this very centinel did declare to
be ahove friend of his, that his said confession
lid trouble his conscience, for (hough it was all
me, yet he should not h^ve confest it. — This
rouble in conscience, of this centinel, might
nobahly be occasioned, by some villaiooos
lath of eecrecy, and entered into by the con-
federating murderers, (and such as the Gun-
lowder traitors had taken) not to discover any
:hinr relating to that mnrder. And
Whilst these three assassinates (as above let
n by the soMier) were struggling with his
lordsiiip, one Martha Batscomb was then
itgnding near, and over against my lord's
chamber window, and then saw and heard in
my lord's chamber, four men strugglbg to-
getber, and heard one of those four cry out,
very dolefully, murder ! murder ! mnrder! And
&is last informant did depose, that she did not
ko oat of sight of my lonl's chamber window,
before it was given out, by my lord's warders,
that my lord n Essex had cut bis throat And
this last deponent did farther swear, that the
day of my lord's death, or the da^ next af ^er
that^ she did inforin one Mr. Ptokins of what
what she had (as before related) seen and heard
ID the Tower, and the said Mr. Perkins then
advised her to be therein silent ; lest those,
who had murdered my lord, might also murder
her, to prevent the discorery of my lord's
murder, and the said Mr. Perkins, before the
Secret Committee, did" depose, that the said
Batscomb did give him such a relation as she
hath as above swem, and that this informant
did then advise her, not to discourse such her
knowledge, relating to my lord's death, as long
as the Papist interest was so prevalent at court,
as it did tnen appear to be.
And by the following information it will ap-
pear, that by some of the then duke of York's
ajpents, those three assassinates were hired to
murder his lordship. For
• It is sworn, by one Dorothy Smith, that
ten days before tny lord's death, several papists
met at one Holmes's house in Baldwin's gar-
dens, with whom the said informant was then
a servant, and then and there were overheard
by this informant to declare, That the earl of
fiiwex knew so much of their designs, and was
so very averse to their interest ; that he must
therefore be taken ofi*. And those papists did
tben and there farther declare that they had
been with his highness (the then duke of York)
•ad that his highness had ordered the earl of
Essex's throat shouldcbe cut, and his highness
had promised to be there, when it was to be
dope. And this informant about six days be-
veL. IX.
1299] STATE TRIALS, 36 CH^atfiS IL le^l.-^Triid 0/ Braddcn amdSpAt, [1300
death, ahd some of those bare deposed, that
the said Dorothy Sinith cootinued in that ser-
iriee, tiil some time after the earl of Essex's
death. And whereas the said Dorothy Sinith
did depose, that the day of my lord's death,
her said master was at his own house, and theii
and there was informed by one of the assassi-
nates, that they bad,. that very morDtiig, cut
toy lord's throat ; to invalidate thai part oi'tfae
said Smith's evidence, the said Dorothy Hevflt,
the papist, did depose, that, the weeJc before
roj lord's death, she went into the country,
wjth the said Holmes, and staid with him-m
Warwickahire, till the S9th of July, 168S.
But in contradiction to Hewit, ataylorhath
deposed before the secret committee, that in
July, 1683, he lived very near to tlie said
Airs. Hevit, and tlra't the very week my lord
died, he carried to the said Mrs. Hewit, a dust
gown, which he then made for her, and then
tried it on, at her house, and the said Dorothy
Hewit then (the very week my lord died) told
this deponent, that she with her bi'other
Holmes was shortly to go into the country.
But how long ai^er my lord's death, the said
HewH continued in tlie town, before she 0ok
|he journey, theaaid informant could not tell.
And this informant did then pi-oduce before the
bocret committee, his day book, wherein it did
appear, that the dust-gownwas delivered to the
aaid Hewit^about the tuA of that week my lord
dieil. And that informant did depose that entry
wjBs true. And the said Holmes's wife, and the
' said Doroth V Hewit, her sister, having heard
tliatthis taylor had given such information, as
aforesaid, they thereupon went to the said
' tavlor^s house, and desirpd to see his book,
wherein the said etifry was made ; which book
the said taylor then shewed ^ them, and then
told them, that he had, and could swear that
the said Hewit was in town the week the earl
of Essex died. Whereupon the said Hewit
then told that taylor, tbat if he proved hertMl
in lotvn, he would thereby prove her brother
Holmes to be in town, the dsiy my lord died,
and her brother would be then banged, and his
blood would lie at the said taylor's door.
Note, the said Holmes was taken into cus-
tody, in king William's reign, some 4?hort
time after the discovery of the Assassination
Plot And the said Holmes was then charged
with saying, that '^ Tiie best way of taking off,
the witnesses, that proved tbat Plot, would be
io cut their throats. ' '
Now the defence of Holmes, against the
charge of Dorothy Smith, appears to be false,
in every material part of the defence. And
whensoever the defence of a criminal appears
to be false (as in the case of Holmes it apj>ears
to be) the .same couchifles his charge is true.
The law concludes the Rauie in all civil airtions,
for, if the defendant's plea be good in
law, but false in fac^t, a^d thereupon the
plaindflf and defendant join .a issue. If the
jurv find the plea to be false^ jthey must then
fioafor the plaintift', and the cou^jgaust there-
tijHMX give judgment accordingly^
And as a farther oonfinintion of Bonlkj
Smith's evidence, as to the dnke's leaolfiif,
even before my lord's commitmeBt, tbit hn
lordship's threat should be out, it was depoi-
cd before the secret committee, that in the
morning, on the tlth of July, 1663, whidi
was tlie very morning next after myloi^i
cotnraitmeot,' it was reported at Frome ia So-
mersetshire, an hundred miles from Lomko,
that the earl of Essex had cut his throat ia Ik
Tower. And it was likewise swoni, befoe
the secret .committee, that gn the said Wed-
nesday morning, being the 11th of July, 168S,
it was reported at Andover (about 60 miles fion
Ix>ndon)tbat the earl of Essex had cut Ui
throat in the Tower, when the king sad dab
of York were in the Tower. Whereas tbe luag
and duke did not go to the Tower until die
Friday after this report at Andover. Bot this
report at Andover, the next momii^ afler my
lord's commitment, and tivo .days l»efore n^
lord's death, that this lord had cut bis tbmt
in the Tower, whilst the king ami duke wen
there, doth prove that the then duke ftf Yoik,
even befoi^ my lord's commitment, bad re-
solved, that by some artifice, he would prenii
with his then majesty to go with his highne*
to the Tower, that very morning, when tbe
earl of Essex's throat was to be cut. AmI it
seems very probable, that one of the deapi
which the duke ha4 by the kinfif's beingf tba
in the Tower; was to make tne said tbita
assassinates, and all his under-murderiag con-
federates, to believe, tbat even the kiog hiai-
self, as well as his royal highness, had ordered
the said earKs throat to be cut And tbe didw
well knew that such a belief in his under-tragi-
cal agents, would give them the greater eocos*
ragement to be concerned, in this tieicherom
and barbarous murder. But, in justice to the
memory of king Charles tbe Beooad, I AaSi
give the reader good grounds to bdiere, tint
his majesty was altogether ignorant of that
designeit and barbarous murder*
In short, eight witnesses have depoied be*
fore tlie Secret Committee, that before ny
lord's death, it was reported, in several parts a
England, I'hat the earl of Essex bad cot bii
throat in the Towei*. Which many rejwts,
previous to my lord's death, that toe ear) «f
Essex had cut his throat in the Tower, raott
originally be occasioned by some correspood-
ence of tne confederating murderers in Londoif
with their country confidants; whereby tboie
bloody coimtrj' zealots were informed, tbat it
was resolved my lord of Essex's lliroataho«M
be cut in tlie Tower, whilst my lord Rasaefl w«
trying for his lifb, at the Old Bailey, but gin
out, as done by himself, and then slTould be otj
ried to the Old Bailey, and then and tbere iwd
by the kind's counsel, as the strongest at^
ment of guilt in my lord of Essex, in tbat (pre-
tended) treasonable conspiracy, wberciB tbit
unfj^unate lord, and the lord Russell, tbeoit
the^r, wei^ accused as accomplices. ^
this report, before my lord of Ess^^s deatb,
was probably occaauDed^ by the^uioof off ■?
1501] STATE TRlALS/36Cii AH LES It. l684.-t/br a MUdmeanar. [1302
lord Rnssell'fl trial, from Monday the 9ih of
July, to the Friday then following. And those
country Popish corres^ndents, believing* that
my lord Russell was tried, when his trial ^vas
first ordered, and that my lord of Essex's throat
was then cot, and being too big with that
(to them) agreeable news, sfod wiJling to
oblige their friends therewitit, t\'v\ therefore
report (two days before my lonPs deatli) that
the earl of Essex had cut his thruat in the
Tower.
And as a farther argument of my lord's be-
ing murdered, and by the then duke of York's
order. It is farther sworn by three witnesses
before the Secret Committee, that Robert
Meak, a soldier in thfe Tower, that morning
my lord died, about two o'clock that very day,
did, in Duke's l*lace, declare, tliat, whereas'it
was giv'en oat, that the earl of Essex had cut his
own throat in the Tower ; the said Meak was
sure, that noble lord was barbarously murdered,
bv the duke of York's order : For (said Meak)
those ruffians, who murdered my Ion), weie
seen to go from the duke to that lord's lodg-
ings a little before my lord's death. .
' But the said Meak, the very next day after
my lord's death, did desire those three in-
formants, to whom Meak had made such dis-
coTeiT as aforesaid, not to mention what the
nid Meak had so declared to them : For (said
Meak) if it should be known, by any of our
officers, that I have discovered so much, re-
lating to my lord's death, I shall be undone ;
for uis very rooming, our captain called seve-
ral of us soldiers together, and charged us, upon
pain of death, not to discover, what we had seen,
or heard, in contradiction to my lord's self-
murder.
Note. If I was theU rightly inlbrnaed of the
name of that captain of the guard, who com-
manded the soldiers to this silence— That very
captain, was afterwards made a lord, by king
James.
And sometime after Meak had made such
^isooveiy of my lord's murder, be told those
three intbrmants, he vras afraid that very day
he should be murdered, for what he knew re-
lating to my lord's murder : For (said Meak)
I have this day observed, that I am dogged, by
two or three strange and suspicious iellows.
And the said Meak, the very next morning
after that, was found dead in the Tower-
ditcb, and just over-against the said maior
Webster's house, which stood very near that
ditch.
And Meak was not the only soldier, who,
^ the very dav of my lord's death so ft'ee-
ly discoursed of my lord's being murdered.
For one Ruddle, another soldier in the Tower,
- tbat momins^ my lord died, in Baldwin's Qar-
dtoshy HoTbouro, did report to some friends,
who befttre the Committee have sworn what
Raddle then declared, viz. That the lord of
Essex was that day most- barbarously mur-
dered, by the duke of York's order : For (said
Ruddle) those ruffians, who murdered my
loid, 1 saw go ftom tfeie doko to my loird's
lodgings a little before my lord's death, and
whitst that duke continued at some distance
from the king ; and the duke did not return to
his majesty until his highness had notice of ray
lord's death. And tlie said Ruddle thei^ de-
clared, that he did believe that so barbarous
and barefaced a murder, was never before that
tLoae, in England, committed.
And tlie said Ruddle was afterwards sent a
soldier to the East Indies, and, at Fort Ht,
George, was shot to death . But for what caua^
he was shot, J' could never be informed.
And one John Holland confessed to a friend^
that he himself was engaged by the lord :
to be concerned in cutting the earl of Essex's
throat : and the said Holland told that friend»
that several persons had been made away, for
blabbing what they knew, relating to the carl
of Essex's death. And sometime after my lord -
of Essex was murdered, the said Holland pre-
vailed with a maid servant, belonging to one
Dr. Gatford, to be concerned with mm, the
said Holland, and one Davis, in robbing the *
said Dr. Gatford, her master, for which robbery,
the said Holland, Davis, and that servant-maid
were condemned. ^ But, notwithstanding upon
that trial, it did appear, that Holland contrived,
and drew that Davis, and the maid-servant,
into that robbery ; yet by my lord 's inte-
rest, that Holland was pardoned,' when his two
under-agents were both executed. And whilst
that Holland was in Newgate, for that robbery,
he was very cheerful and toid bis friends, that
he was sure not .to suffer, as long as my
lord — had any interest at court. And Hof--'
land bragged, that his lordship's secretary by
his lordship's order, almost daily visited him,
and suppUefl him with money. And after
Hollana had been pardoned for that robbery,
he did very oflen wait upon my lord , and
as soon as^hewnt h^s name to ois lordship, ha
was immediately admitted ; and when he came
ftxim his' lordship, he would often shew to one
John Waytis, his friend, then whh him, many
guineas, which Holland pretended, that lord
ad given him. And when that Waytis asked
Holland, how his lordship came to be so kind
to him. Holland swore, that he had done that
thing, for his lordship, tfabt he durst not do
otherwise. And when that friend told Holland
that it was whispered about that the earl of
Essex was murdered. Holland swore, it >vbs
no matter if twenty such rogues, as Essex were
so taken off.
Another argument of my lord of Essex's
being murder^, was the illegal proceedings
of those confederating murderei-s, to prevent the
eoroner's-jury of being rightly informed of
some things very material rmting to my lord's
death I^r notwithstanding king Charles 2,
then in the Tower, upon bis beiug first in-
formed of my luid's ifeath, which was a few
minutes ailer my lord's death was first disco-
vered to those out of my lord's lodgmgs, did
command my lord Arlington, sir Christopher
Musgrave, and Thomas Howard, esq. ^ to go
immadiately to my lord*s lodgings, and fima
1303] STATE TRIALS, 96 Ch ables IL i684.— rrto/ cf Br^Um muI Spda, [1304
,his majesty, to comaumd, that my lord's body
should remain in the same posture wherein it
^as first found, until the corooer's-jury luid sat
upon the body. And that my lord's warders,
and seiTants, permitted to attend his lordship,
might be secured, and by those three gentle-
men (as above sent by the king) examined.
But there was an autnority, by somebody , to
contradict these commands of his majesty. For
AS soon as sir Christopher tiad b^un to take
those examinations, there came a messenger,
who pretended to come, from the king, to com-
mand sir Christopher to go immediately to the
- Old-Bailey, (where the lord Russell was then
a trying for his life) and gave the Attorney -Ge
neral notice that the ean of Essex had cut his
throat. But sir Christopher told that mes-
senger, that as soon as he had taken those ex-
aminations, which the king himself had com-
manded him to take, he would go to the Old-
Bailey. But the same messenger soon came
the second time, and pretended to come irom
the king, to command sir Christopher instantly
to ^ to the Old-Bailey, and to leave those ex-
aminations to be t&ken by some others. Upon
ibis repeated command (which was pretended
' to come from his majesty) in contradiction to
what the king himself had just betbre com-
manded to be done, sir Christopher went to the
Old-Bailey , and then and there, gave an account
4»f his lord's death. Bat sir Christopher deposed
that he could not recollect, who that messenger,
was, which twice came to him to counter*
mand, as from the king, what the king himself
had, just before, commanded sir Christopher to.
And notwithstanding the king had commanded,
that my lord's body should remain in that pos-
tui'e wherein it was first found dead, until the
coroner's jury, had sat upon the body. Ths
confederating murderers acted contrary to
that command, for the day my lord died, his
body was stripped, and bis cloaths carried
. away, and when the coroner's-jury, the next
4ay sar, and desired to see the cloaths, in
which my lord was first found dead. This re-
.quest of toe jury being over-heard by some' in
the next room, the coroner was called into that
next room, and aAer some short time returned
to the jury, j^and in a passion told them, they
were to &it upon the body and not the cloaths,
the body they had seen, and that was sufiicient.
And when one of the coroner's jury asked
Bomeny, my lord's servant, whether his lord
was not esteemed a good man ? the said Bome-
ny then answered, that his lord was as good a
man as.livied. Whereupon that very jury-
man declared, that my lord could not then he
guilty of self-murder.
But major Hawley being then with the jury,
told the jury, that whosoever thought selt-
munler to be unlike my lord of Essex, did not
know my lord's principles ; for all men, well
acquainted with liis lordship, knew, that my
lord of Essex justified self-murder, when a
. man was in danger of suffering death by an in-
^mous punishment. This being sworn, before
ihe sec^ .CQmmjttee; by som<& of tjbo jury,
The lords of the secret eommitlee, 4id nk
major Hawley, how be c4me to know that nr
ford of Essex, did, in such cases as aforeaia,
justify self-murder? the miyor dkl tiicn »-
lemnly declare, that he never heaid, util
a long time after my lord's death, that \u
lordsliip did, in any case, justify self-moiier,
and therefore he could not be guilty of nakiig
such a sugg^estion to the jury. Besidn, at
major did then farther declare to their hii-
sbi(is, That he was not near the jury, at ifat
public -house, where they did conakier of tba
inquisition. But the major had gi?eB tint
jury repeated occasions to remember, that he
was with them, at that pnblic-hoase, wiiik
they were considering of their inqnisitioB, aod
that the major did, then and there harry tbe
jury into their inquisition, much sooner thn
otherwise they should have finished their ia*
auiries relating thereunto. For when some of
3e jury perceived, that none of my kid's
relations or friends, did then appear, to pnm
any thing on behalf of bis k>rdship. Sqok
of those jurymen have deposed before tbe
committee that they did move, thev mi^
adjourn their inquiries, to some farther £7,
and send notice thereof to my lord's rw-
tions; so that if his lordship's reUtions or
friends could prove any thing in confradidkin
to the self-murder, they m^t be beard by
them, before they finished their mquiry. Bm
major Hawley then prevented that adjom-
meut, by telfing the coroner and tbe jiB][,
that his majesty had sent ao express for tbor
inquisition, and that his majesty was tbeo ia
council and had declared,tbat he would notleife
the council -boaid, nntill that inqnisitioD w
brought to him. The lords of the secret com-
mittee, upon hearing this sworn befere tbeo,
did ask the major, who that man was, tliat
thus pretended to be sent by his majesty, fir
this inquisition ? whereonto tbe major made
answer, that he never heard that his msyefltj
had ever sent such an express, for that ia*
Guisition, §nd that he himself could notsoggi^
tne same to the jury ; because he was uot near
the jury at that public-house all the time tbef
did there consider of their inquisition.
Note. All that jury well knew major flawlej;
and all of the jury, who were examined ii{NO
oath before the secret committee, did de|M«i
that they did well remember, that tbe tuj^
was with them, at the pubhc-house, apd some
of tbe most substantial and roost sensible mca
of that jury, have deposed against tbe majv,
what is above-mentioned, by the nuyor to be
suggested to the jury.
Had that jury but viewed my lord's r^*
hand, who was C9vered with a sheet, as well 11
his throat, which wa$ cut, from that band oolj,
they might have had sufficient evidence, tbatiaj
lord was murdered. For there were fife call
in my lord's right hand, viz. one upon bisftrt-
finger near the top, another on the sanie fia-
fer near the hand, a third cut upon the ftMiwi
neer, a fourth cut jn the little finger, and a
fifUi cut about two Riches loQg in toe psin«
id05] STATE TRIALS^ 36 Chablbs 11. ]6S4.*-/0r a MkUkmmufr^ [I9C6
tnY lord's ngbt h«od. But lest the jary
nugbt ubseire those cuts ; n^y lord's haods were
covered with the sheet, aqd after the two sur-
^ODs had viewed the cut io the throat, and the
jury had seen the same, the jury were immedi-'
&tely adjourned, from n^ lord's lodgings to a
pubiic-hQUse, in the Tower, where they were,
^ as before related, hurried into their inquisition.
But had the jury observed those fi?e cuts in my
lord's right baud, they could not believe tliey
were any otherwise occasioned, than by my
lord's endeavouring to keep off that murdering
instrument, vrhoewith those assassinates cut
his throat.
My lord's morning neckcloth was cut in
three pieces, and therefore that neckcloth so
cut) was carried away. But that alone would
have proved, that the same instrument which
cut my lord's throat, did first out through that
neckcloth. And this could not be supposed to
be done by my lord himself with the razor.
There probably might be several other signs
of violence to have been ebservetl, irom some
other parts of my lord's doatlis, had those
cloaths, in which my lord was tbund dead,
been seen by the jury, but to prevent that dis-
covery, the cloaths were carried away, and
when, by some of the jury desired to see the
. cloaths wherein my lord ^as first found dead,
that reasonable ^request was denied, and the
dppaty coroner, aeconlingto the direction of
his managera, then in the next room to the
Jury, tells the jury it was the body, and not the
cloaths they were to sit upon, and. they had
seen the body and that was sufficient.
And as the jury were hurried into tbdr in-
.^aisition, and not suffered to make those inqui-
ries which were absolutely necessary, in onder
io the discovery of the true ouinner of my
Jord's death; so were all uifbrmations to be
tfuashed,' which contradicted those before men-
tioned false informations given by Bomeny and
Russel, to prove the pretended self-murder.
And therefore when I the sixth day after my
lord's death did wait upon the then*^ secretary
of state, with some inibrmations to disprove
what was, as before, sworn by Bomeny and
.Russel, I was ordered to attend his lordship
the then next mornin^^, with those informants,
which I did accordingly. But before I, or
either of those informants, wa^^.examined, .1
was taken into custody, and although it did ap-
pear upon earamininfi^ these informants, by the
• King and council, that the substanoe of their
informations they had declared some days be-
fore they either saw or ever heard of me, and
that I did neither give or promise those infor-
mants, one penny tor their informations, but I
: did oflen desire them to speak nothing but the
truth, yet I was coromhted to the custody of a
messenger until I gave bonds, with sureties in
2,000^. to appear the then next term, to answer
such an information as should be exhibited
against me. And when» afler that, I rid
ioto the country to inquire aft^r some reports
before my lord's death, in the several parts of
tlie we0t» tbi^ my lofd had cut his throikt.
I was takoi up in the country and mmk to
Wiltshbre- gaol, ^m whence I removed myw
self to London, by Habeas Corpus, to be bad-
ed, but my loitl keener North, at the council-
board, did require or me bottda with verv good
sureties, 13,000/. for my appearance^ ana other
bonds with other good sureties in 19,000/. more
for my good bebaf ionr. . And my lord ke^Mr,
at the council-board, then told me that his
lordship did require of me, as good men to be
bound for my appearance, and good behaviour,
as though bis lordship was to kod the said
34,000/. out of his poc^eL I then told that
honourable board, that I could not me such
bail- and suretyship. But I desired Uieir lord-
ships, then at the council-board, that they
would be pleased to send ,for several persons,
whose names and places of abode I then gave
an acaount of, who could prove that it was re-
ported here two days • betore my k>rd's death,
that my lord of Essex had cut bis throat in the
Tower. But I found their lordships were not
incKned, to send for such informations.
I was aller tried at the Klng's-bendi biiTf
before my lord chief Justioe Jefferys, and the
rest of toe justices of that court, and though
nothing criminal was proved ag^unst me, yet t
only was found guilty of a ootisphracy, to pro-
cure false witnesses to prove that my hira of
Essex w|is murdered by those in tirhose custody
he was, contrary to what had been fba»d by
the coroner's inquest. And thosc( very men iii
whose custody my lord was, were brought at
.my trial as the prtndpal v^itneBEes to pro«e,
that they themselves,' dul* not murder his k>rd -
ship ; but that my lord himself did cut his own
throat.
Mr. Hugh Speke was tried with me, and
affainst him was produced a letter, which was
tidcen upon me in Wiltshire, which letter
.was directed to sir Robert Atkins, 'then in
Gloucestershire, and in that letter, were several
expressions^ reflecting upon the administratioii
of those times ; which lettep Mr. 8peke then
confest he writ. But the then Attorney Ge-
neral fofind that it was not proved against roe,
that I directly or indirectly had given, oflMi,
or promised one penny, to any person, whom
I bad diseoui'sedj as to what he. or she knew,
relatinfip to my lord's deaths and that it waa
proveo, I desired and charged every person^
from whom 1 received any informatios, in re-
lation thereunto, to ifeak nothmg but the truth. .
And Mr. Attorney abb found, that it was uol
proved agaiust me, that I did ever, before mr
trial, say, that the earl of Essex watf murdered.
The Attorney General did thereupon say to the
court and jury, That
* We need but read the letter, which Mr«
< Speke has owned, and you will say it is ten
* times worse, than what Mr.. Braddon baa
Vdone. Vide Braddon's Trial, (p.lld6, of this
* volume).^
But my lord chief justice Jefferys then re-
proved Mr. Attorney, for representing me less
criminal than Mr. Speke.
V But I was found guilty, ndt of suboroatioDy
1307] STATE JRIALS, 56CHAftLES II. iSS^.-^Trial qf Bmiian mdSpdu, [1501
which Wfts never mentioned in ray inibrmatiou,
bnt of conspiring alone, to procure false wit-
nesses to prove, that the lord of Essex was
murdered by those, in whose custody he was,
contrary to What was found by the coroner's
inquest ; only upon the evidence of one of my
loni's warders, in whose custody my lord then
was, and ^he information of my lord's servant ;
the then only servant permitted to attend upon
or speak to bis lordship, and which very ser-
vant and warder, by their respective stations, at
the time of my lord's death, must be privy to
it, if not acting in that murder, in case bis lord-
ship was murdered by othersT
But nevertheless this warder and that ser-
vant were by that Court of Kingps- bench, ad-
mitted as good witnesses, not only to clear them-
selves, and their munlerin^ comederates, from
justice, for that murder; but also to lay the
. charge thereof only at my lord's own door.
And those two m itnesses were farther admitted,
to be good proofs to convict me, as a criminal,
only for eudeavouring, by lawful means, to
prove this warder and that servant, with their
other murdering confederates, gnihy of my
lord's Mood.
But were all murderers to recei^'e the bke
corrupt favourable protection, and encourage-
ment fromjudgi^ and jury ; and were alliheir
Srosecutors to be alike treated, opou the evi-
ence of such murderers, as I in tnis case have
been treated, all hireling, bloody bravoes,
under such a corrupt administration, would then
be encouraged to be hired, by the bloody men,
in great power, to cut any good man's throat,
who did oppose their arbitrary and tyrannical
designs ; and all men would be discouraged
Irom being their prosecutors.
The great perversion of justice, in my pro-
secution and punishment, is one gfreat argu-
Tnent to prove, that no less power, tb^n that of
the then duke of York, could have prevailed
with the then ministry, and the court of
King's-bench, to become screens instead of
. terrors, to those murderers ; and prosecutors,
instead of encouragers, to those who would
Jiave detected them. *
And that the then duke of York, had used
bis utmost interest in my severe prosecution
. and arbitrary punishment, plainly appeared by
that duke's aeclaring (sometime before my
^ial) to several noblemen and ^ntlemen, that
)ie^ would ruin me, if all the mterest he had
i:ould do it, for having been so busy in relation
to the late earl of Essex's death.
And so far that duke prievailed, as to gel me
to be imprisoned for my life, had notthe Hevo-
|ution discharged me : For
I was. fined £^000/. and ordered to give
security for the <good behaviour during life ;
mkder which jadgmeot I continued a prisoner
shove Ave years, Mefore king James went off.
But the duke of York had declared b^re
Ihat judgment given, that I should be whipt
round Tower-hiU, and then and there stand
fipon the piih)ry. And, after that, be whipt
^d pilk)riod, lit jome othw plaoef .
And those arbitrary cruelttes had probdUf
been my fate, had not tlie then king bnasM
prevented that barbarity : For since the Rerola-
tion, I was credibly intbrmed, that
The very morning; I svas to receive mjr
judgttient, the lord chief justice JeiTeries waitd
upon the king, and desired to know, what cor-
poral punishment he should ioflic-t upon me.
But king Charles did then strictly command
that chief justice not to inflict any eorpqnl
punishment upon me.
8o that when upon the court's ginng judg-
ment against me, some of the king's, or ratlNr
the duke's council moved, that I might, besido
the fine, and good behaviour, be farther cor-
porally punished, the court gave Ihem no an-
sH'er to that motion.
If to screeta the duke, I was thus aihittvilj
treated, by that con-upt ministry, for endea-
vouring to prove, by circumstantial evideace,
that my lord of Essex was murdered, by wot
hired rutiians, with the privity and consent ef
his warders and servant It w as not reasonaUe
to hope, that the same ministry would ei^e the
least encouragement to him, who should afiier,
upon a nromise of pardon, po^tively to prare
my b>rd's murder upon that duke. And tber^
fore when a letter unsealed, was left with t
bookseller, in Durham Exchange, in tbe
Strand ; • butdhvcted for the coQiitess of Eaex ;
wherein it was offered, that if her hononrcouM
prevail with the king, to give an assurance of
pardon to tiiat author ; he would then prove
that the duke of York, and *— had ordered
my lord's throat to be cnt. But when tbe book-
seller perceived that letter to be imsealed, he
read the same ; and finding the contents there-
of,, to be of such an hitth nature as above-meo-
tinned, he did not think it safe for him, tocaitj
the same to the countess of Esseai, to whom t
was directed, hut he did imm«diately canj
that letter to a justice of the peace, who did
thereupon carry the same to tae seoetary of
state. But that bookseller was never sent ftr
by that secretary of state, or was there aay
means used, by those then in power, to find
out the author of that letter.
Had my lord of Essex iqdeed naiirdered bioh
self, or had his lordship been murdered bjr
others, without the privity of the then doke of
York, whom that letter charges as the princiDal
person, that ordered that murder; no pronUe
means would have been then wanting, nor aoj
reward thought too little, to discover the sofhor
of that letter. But the then secretary of state
stifling that letter, is a very strong argument,
That the contents thereof was true, and thai
the then doke of York's authority and interett
gave birth to that most perfidious and barbarooi
murder.
The most material things herein beibre vrit,
as sworn befinre the Secret Committeeoflimli,
or some justices of tbe peace, to nrove siy
Lord's being barbarously murdered oy others,
were published in a Discourse, which i printed
in 1690, and entitled, *< Essex's Innoeency and
Honour Yiadicated. laal^eltertot Fnenl''
lSi>9] STATE T!ltAL$, S6 Charles II. l684.-/0r a Misdenuanar. [iSlO '
' And in tbat Letter I did endearonr to answer
several Objections, whioh in conTersation I
had met with, against my lord's being mur-
dered by others. And in partiimlar, in pages
54 and 55 of tbat Letter, I did endearour to
answer, what was publicly discounsed, as to the
•ountess dowager of £ssesc'sbelief of her lord's
, pretended self-murder. And what I had writ,
lu those two pages of tbat letter, r^ating to
that belief, was expressed in the terms follow-
ing, viz. ^•^
• * The right honourable the countess dow-
* ager of Essex, haying heretofore declared,
' Avbether lately I cannot say, that she did be-
* lieve her lord did cut his own throat; and
' being so possessed, some time after this com •
/ mittce had several times sat, she desired b»-
* veral lords (amongst which some were of
* thb right honourable committee) to meet at
* her house, and after her honour had ac-
* quamt^ their lordships with the occasion of
' il^nequest, au eminent divine (and now a
* bishop) did inform their lordships, what were
' the reasons that moved her honour to believe,
* that her lord did indeed lay violent hands on
* luoiaelf ; the chief, if not the only one, was,
*Tbat
. ** Some short time before my Iord*8 commit-
naentto the Tower, he did seem to be under a
great concern of rifind ; but then decUred,
tbat the trouble he was in, did not arise from
any thoughts of self-preservation, for himself
vfas the leastof his care ; but the thoughts of
his family, what Wbuld, atVer bis death, become
of them, was wliat did indeed trouble him : as
for himself he was resolved what to do, several
times vfery resolutely repeating^ that expres-
stoit ; as fyr myself, I am resolved what to do."
*• This 1 was told by a gentleman, who
' (said he) was then present, and, as I have
' great reason to believe, would have repre-
^* seated every thing to the best advantage (as
* far as truth would permit) on the behalf of
* such objections.'
Believmg that a gentleman, who gave me
the above lilation, I did then endeavour to an-
swer, what his lordship was, (as above) said to
have declared to his countess, a little before his
^mmitment, and which was represented to
mc to make her honour believe tbat his lonl-
ahip n;urdered himself, and I did endeavour to
shew, that expression,
*^ As for myiijelf lam resolved what to do j"
which (as I was informed) was several times
resolutely repeated, miglit be very well iinh^er-
stood to bear a more charitable construction,
than self-murder. And t did, in that book,
put that interpretation thereupon, which, to
me, 6«)emed not only to be more charitable,
but also much more probable.
But some time after the publication of that
Letter, relating to bis lordship's death, I read
in tlii*ee several Gazettes of July and August,
1^90, a Declaration subscribed by the coun-
teas and bishop, in the words following, (viz.)
* Whsreas in a Letter to a Friend written by
* Mr. Laurence Braddon, touching the murder
of the earl of Essex, an aoooont is given, page
54 and 55, of some discourse, that the coun-
tess Dowager of Essex, and the bishop of
Salisbury had upon that subject, at a meeting
with several lords ; the countess dowager,
and the bishop, find themselves so much
wronged in that relation, that they have
thought it became them to disown it intirely^
the whole discourse, fostened on them, being
false, and nothing to that purpose, having
been, upon tbat occasion, mentioned by either
of them.
' 24th July. E. Essex, Gi. Saiium.' '
Notwithstanding the countess and the bishop, ^
have herein disowned, that the retuion« heiem
before-mentioned to have been, gi?ea by the
bishop, to those lords and gentlemen, at her
ladyship's house, as the reason, which influ-
enceaher honour to believe her lord did in-
deed cot his- Own throat. Yet it is most oer-
taiiiy tbat, sevetal ferds and gendemen, at her
ladyship's request did meet at her house, whea
and where Dr. Burnet (afterwards bishop of
Sarum) did jgive those jords and gentlemen
some reasons, which (that doctor) then said,
did make her , ladyship beheve her lord did
murder hinruself. But mrasmuch as the coun-
tess and bishop have declared, that before my
information, as to those reasons, was false, and
seeine* I could never learn, what was other-
wise declared bv the then Dr. Burnet, at that
meetings on behalf of that belief of the ooen-*
tess ; f cannot answer^ what I do not know ;
neither will I be impbcitly ruled, by the belief
of the countess and bishop, to the belief of the
self-murder, in contradiction to what is, by so
many witnesses, herein before said to be posi-
tively swom^ to prove, that my lord fell a sa-
Orifice to pq)ish malice and rage, for his
lordship's ^]^t zeal, for our rdigion, laws, and
liberties. The bishop, in his late History, is
fdeased to say, that for some years before my
ord's death, he knew me to be an honest, but
enthusiastical nian. And that bishc^ doth farther
therein declare, that it appeared, at m^ trial,
that I had charged the boy to^sign nothmgbot
the truth, in relation to my lord's death.
Now forasmuch as I had declared, in page
54 of my former book, that a gentleman had
told me, ^at he was present, wim several lords
and gentlemen, at my lady Essex's house,
when and where, that bishop, gave the reason
before-mentioned, in page 54 and 55 of that
former printed letter, touching my lord's
murder, for her honour's belief of her lord^ '
self-murder. It was reasonable for me, te
have expected, that justice from the bishop to '
have sent for me, before, in three veveral '
gazettes, he had endeavoured to expose m6^
and to have known of me, from what gentle- '
man, I had received that which the oountest
and bflBbop have- called a fUse iDfomfatioa. *
Had the iHshop demanded- Mm fttne • me, (
should (as in justice bonn<)^ have named mj
informer. And I do now assure the reader,
that tlie gentleman^ who gav« me. that inforr
1311] STATE TRIALS^ 36 Charles IL \6A4,,^Tri<dofBradion and Speh, [1312
BMtioi), was generally reputed a man of great
learning) and honour, aM therefore deser^ving
crodit. He was then a member of parliament,
and. bad served as knight of the shire for that
county, wherein his family had lived in g^reai
esteem, for many ages. But neither the conn-
tfisS) or ^iflliop, either before, or after, the pub-
lication of tnat declaration in three several
gasettes, did ever desire me to tell them, from
whom I had received my information. But I
am now well satisfied, by what the bishop
hath writ, in his late History, relating to my
lord of Essex ; that the Countess Dowager of
Essex, was prevailed upon by that bishop's
advice,. not to be at all concerned in the prose-
cution of. her lord's murder. But of this, I
shall say .much more, when I have related,
what the bishop, in bis late History writ, con-
cerning that unfortunate lord's imprisonment
and d^ith i and what that prelate nath pub-
lished, in relation thereunto, is contained in
the two following paragraphs -of that Histoiy,
(viz,)
In page 559, a. d. 1683.
* A party of horse was sent to brin^ up my
lord of Essex, who had staid all this while at
his house iathe country, and seemed so little
apprehensive of danger, that his own lady
dia not imagine he. had any concern- on his
mind. He was.ofiRered to be conveyed away
very safely, but he would not stir, his ten-
derness for the lord Russell, was the cause gf
this ; for he thought his going out of the
way, mijghi incline the Jury to believe the
evidence the more for his' absoonding. He
resolved, as soon as he saw how that went, to
take care of himself. But when the party
castie to brine him, he was, at first, in some
disorder, yet lie recovered himself. Bot when
he came beforj^ the council^ he was in mncb
eonfu^on. He was sent to the Tower, and
there fell under a gicc^ depression of spirits..
He .could net sleep al all. He had fallen
befbrei diat twice, under gnat fits of the
spleen, which tetomed now upon him with
more violeooe. He 'had > sent by. a servant,
whom he had long trostedt and.who. \vas,««f-
fered to.comft to. hitn^ -« very mebocfaoly
message to hit wife. That what he was
obn^ged with was true : he was sort/ he had
rained her and her children. But he had
sent for the ewi of Clareadon to talk fireely
to him, who had* naaacied: |iis sistst. Bm,
immediately seiil back the servant to beg of*
faim« that lie would not think of her, or her
cbibirsn^ but only study to sappoft his own
spirits; and desired him to say nothing to the
lord Qlar^deiXy nor to any .body else» till she
■oould come to him» which she wos in hopes
to obtain kave to do, in a day, or two. Lord
Ckttftndon.came^to him upon.his: message,
but he turned the matter ae wdA to him, as if
he had been only ,iq«xplain somewhat, that he
had mistaken hutia^lf m, when be- was befbce
the cofiDctl* But as for that ftr whieh he
was ^apt up, he saidi 4bere..WA8 netting .in
it, atid it would, appeal* how innoevut be wm.
So the lord Clarendon went away in a greii
measure satisfied, as he himsdf told sie.
His lady had another message from him tlnk
he was much easier, especial^ when befbirad,
how she took his condition to heart, wiifaoot
seeming concerned /or her ovm share m it
He ordered many things to be sent him. Asd
among other thin^ he called, at several tnna,
for a penknife, with which he used to paise
his nails very nicely ; so this was thoognttf
he intended for an amusement. Bot it wa
not brought from his house in the conntrj,
though sent for. And when it did not gobk,
he called for a razor, and said that would
do as well. The king and the duke camels
the Tower that rooming, as was jgiven oot, to
see some invention about the oraoanoe. As
they were going into the barge, the cry csme
after them, what had happened to the lord of
Essex. For his man thinking he had slaid
longer than ordinary in his closet, he looked
through the key-hole, and Uiere saw bim
lyimr dead, his throat cut, so that both the
jugulars and the gullet were cot, a tittle absve
the aspera arteria. I sluill afWrwards givest
account of the farther inquiry into this matter,
which past thto univerBsJIy as done hy him-
self. The coroner's jury fbond it self-
murder, and when his Mdy was broa§(lit
. home to his own house, and the wound mi
examined by bis own surgeon, he said to me
it wa^ impossible the wound cwM be as it
was, if given by any hand bat his ows, for
except he had cast bis head back, sod
stretched up his neck all hetMinld, tfaesspeit
arteria must have been cut But to go ss
with this, tragical day, in which 1 lost the two
best friends I had in the world.'
I presume the bishop here means, the lord
of Ewex, and the lord Rusadl, who was that
day tried at the Okl-Baiiey, and found ginky of
high-treason.
In page 569, a. d. 1684.
The bishop hath the folbwing pangrapb,
relating to thafgreat but unfortunate Idid:
' I {mst slig^^ over the snspicioMi that were
raised upon the lord of Essex'a death, wbm
I mentioned that matter. Thin winter this
business wim brought to triaL A boy nsd a
girl did report, that they heard a great or-
ing in his lodging^ and that they saw a Womj
razor fitung out at a window, which was taba
up by a woman that came out of the booi^
where he lodged. These diiklren reported
this confidently^ that very dav, when tb^
went to their several homes. They were ben
about ten or twelve yejrs old. The boy
went backward and forward in his stoyi
sometimes afiirming it, and at other tinci
denying it: But his faUier had an offiw in
the custom-house; so it was thought he pre*
vailed with bim to deny- it, in open court.
But the girl stood firmly to the story. 1^
simplicity of the cliildren, together with tht
iy-0]piai«tt that was gensnlly^ had of the
131S] 8TAT£ TRIALS, 36 Chablbs IL ^6H.-^M «
[ISM
■ cotLti, inclined many to beliere this. ^K Mon
< as bis lady heard of it, she ordered a strict
* ioqaify to be made abont it, and sent what
* she found to me, to whom she had (rusted all
* tbe messaiees that had past hetween her lord,
* and ber, whilst he was in the Tower. When
* I, bad perused all, I found there was not a
* colour to found any prosecution on, which
* she would have done, with all possible zeal,
* tf sbe bad found any appearances of truth in
' the matter. Lord of Essex had got into an
< odd sat of some strange principles. And,, in
"■ particukr, he thought a man was the master
* of his own life, and seemed to approve of
* what his wii^^s ereat-grandftther, the earl
< Northumberland md, who shot himself in the
* Tower, after he was arraigned. He had also
* a Terv Mack fit of the Spleen. But that time
* one Braddon, whom I had known for some
* Tears for an honest, but enthusiastical man,
' nearing of these stories, resolved to eany the
* matter as fiff as it would go, and he had pick-
.* ed up a great variety of little circumstances,*
* all which laid together, seemed to him so
* convincing, thi^t 1m thought he was bound to
« prosecute ^e matter. 1 desired him to come
* no more near me, since he was so positive.
' He talked of the matter so publicly, Uiat he
* was taken up, for spreading false news, to
* alienate the people's hearts from the king.
* He was tried up<m it, hoth the children owned
' tfafit they had repoited the matter, as he had
* talked it, the boy saying then that it was a
* lie. Braddon had desir^ the boy to set it all
* m^der his hand, though, with that, he chai^-
* ed him to write nothing but the truth. This
* was called a suborning. And he was, fined
* for it in 3,000/. But I go next to a trial of
' more importance.'
The bishop, in the first of the aforesaid two
paragraphs, saith, that before my lord was
great fits of the spleen, which now returned
upon him with greater violence.
Memarks. Si this melancholy stoiy, did
orkfinadly come from Bomeoy himself, tor that
felfow (soon after his lord's deatli) did inform
Dr. Burnet, the late bishop'of 8arum, That hia
lord did use to be taken with sudden frenzical
passion; and in particular. Was seized with
one that very morning' my lord died, not half
an hour before they found him dead : For said
this fellow, when my lord saw my Iprd Russell
ffo to his trial, he struck his breast, and said,
that he himself was tbe cause of my lord Rus-
sell's misfortune : For bad not I (said the earl-
vouched for my lord Howard's fidclit^r, my lord
Russell would never have trusted him. And
hereupon his lord went up and down hia
chamber, striking his breast. And in this vio-
lent passion I left him, (said Bomeny) and saw.
his lordship no more, till I found him dead in
th» closet.
Dr. Burnet, soon after Bomeny had given
him that information, gave mc an account
thereof, when I waited upon him at his house-
in Brook's Buildings, near Brook's market, by
Holboro. "
Remarki. But I did then endeavour to per- .
suade the doctor, that what Bomeny had thus
related of my lord's (pretended) frenzicai pas-
sions, and in particular that morning he died,
deserved no credit, but was justly to be sus-^
pected as forged and false, to gwe countenance
to the self-murder. For Bomeny's constant
attendance upon his lord in the Tower, did ren-
der him knowing of what was done to his lord-
ship, as well as by his lordship, just before his.
death. If therefore my lord was murdered by
others, this Bomeny must be privy thereunto,
if not an actor therem, and therefore thi^ Judas*
will say, or swear any thing, be should by bis-
confederates be taught, to provo the (prejtend-
taken up, he was offered to be conveyed away ^^ed) self-murder; lor if he, and Kussel could
very safeiy ; but ^at this his lordship refused,
out of tenderness for my lord Rpssell ; because
be thought, that his going' out of the way,
mtgBt incline the jury to believe the evidence
(against my lord lUissell) for his ascending.
Renutrkt^ If is reasonable then to think,
that the same tenderness for that noble friend,
sboaldalso have hindered my lord of Essex from
catting his own throat, at such a time, as that
wery fiiend was bringing upon his trial for life ;
for hia lordship must believe, that such his
fltelf-mnrder, would soon be carried to the Old
Sailey ; and be then and there urged, by the
Icin^'a counsel, as a greater ars'ument of guilt,
in hj8 lordship, than his absconding would have
been, and that such his lordship's supposed
^vilt, would be then misapplied, by the king's
Dounsel, against the lord Russell, then charged
m» an accomplice with his lordship, in a trea-
KHiable conspiracy. But
My lord biahop doth farther sa^, that when
mkj lord of Essex was sent prisoner to the
ITiower, he fpU under a great depression of
ipirita, ao that he could not sleep at ail. That
lajr lord bad fidlan, twice bafora that, under
VOL. IX*
not persuade tbe world to believe that my lord
muraered himself; both those attendants, and
some of their murdering confederates, must
expect to be hanged, for murdering his lord-
ship. The common and civil law, and (I be-
heve) the laws of all civilized nations upon
earth' will not admit tliat man to be a good wit«
ness in a cause, when it shall be made appear
that such a vritness must get, or lose, by tbe
success of that cause.
But the bishop will sooner give credit to
vvhat this Bomeny (with an halter about hia
neck) bad informed him, as to my lordN having'
been seized with (pretended) frenzical passions,
and in particular with one, just b^ore bis
death ; in order to make the world believe, that,
under that passion, his lordsiiip murdered him-
self. Than the bishop will believe what is (as
before said to be) sworn by more than fifty dis«
interest^ and credible witnesses, to prove my^
lord's being murdered. But my lord biahop
did not think fit, in this History, to tell the world
from whom the bishop had received information,
that my lord of Essex bad (before his imprison-
ment) twice fallei^ under great fits of the splasa,
4P
ISIS] STATE ntUU, 36 CvAELM II. 1«U.— IHtf^^ArMMbaoMt^b, (I3l(
wfaidi retonMd odw (whiltt a prisoiMr) mNm
him with more Tiolence. None but tbis Bo*
mea J, or my brd's waiden were permitted to
6ome to his lordship, whilst a prisoner, and
therefore none else ooald possibly, had the thing*
been true, pre tnlbnnation, of this return of a
fit of the spleen, with more Tiolence whilst his
lordship was a prisoner. And seeing tfiat. ser-
vant and those warders, most hare expected to
have been hanged for the murder of my lord,
in case those three Attendants. could not make
the worid to bdiere that his lordship murdered
himself. What therefore those three Tile fel-
lows shall say or swear, deserres no credit,
' when contradicted by moltitades of disinterested
i|iid credible witnesses, who prove, hy^ many
oonTincing circnmstances (bemre particulariy
related) thst my lord of Essex was treacherously
and barbarously murdered.
The bbhop saith, * That my lord had sent by
*" a serrant, whom he had long trusted, and wlio
* was suffered to come to hira, a yery mdan-
■ clioly message to his wife, that what he was
*■ charged with was true.*
Bemarki. 1 could nerer yet learn, that any
servant, besides Bomeny, was suiTered to speak
to his lordship, whilst a prisoner, and by the
bishoDjs account, even my lady herself, had no
■uch libertv, but she was in h<^>e8 to obtain it
Vow if sucn a pretended message from his lord-
diip, was mediately or immediately by Bomeny
delivered to his lady, there is just cause to be-
Ueve, that ^y thoee murdermg confederates
Bomeny was instructed to send sndi a message
to my lady, becanse Bomeny was in no danger
of being detected by- my lady : For Bomeny
w^ knew, that my lord was to be murdered
the then next morning, and that my lady
would never obtain any liberty to see her lord,
whilst a prisoner in the Tower.
This pretended message fiom my lord to my
lady, puts me in mind of what a papist (less
than two years since) told me, viz. That he was
sure my lord Essex cut bis own throat, because
he was credibly infomtied, that his lordship,
even the day before bb death, had by message,
or letter, assured bis lady, that the then next
day he would cat his throat.
I could not but laugh at the folly of this in-
fhrmer, either in believing such a story himself,
or tliinldng to impose the belief thereof upon
others. But if Bomeny 's murdering confede-
rates, bad thought fit by Bomeny to send, as
fi^m his lordship, such a message to my lady,
as my informer had foolishly suggested he did
send, I do not question, but i^meny wmild
therein have obeyed their orders : seeing Bo-
meny himself well knew, that the then next
day, afler such a message sent, my lord's throat
was to be cut
* My lord,* saith the bishop, * ordered many
^ things to be sent to him. And among other
* things he called several times for a penknife,
* with which he used to 'pare his nails very
« nicely. Which not being brou^^it to the
* Tower, he called for a razor, and said, that
^woulddoaswelL' .
Remarks. Hiat BomcBy didlirk3e,wbabl
in the Tower, send to my mrd's slewarf for t
nenl^jiifh, Dretcndhig It was ftr my l«id,ii titR :
because that penknife was to be hid by mf
lord's body, as the pretended isstroBaK of siy
knrd's death. But that penknife net Usg
brought, befi)re my Wm^'s throat wis cot, i
razor was therefore pretended to have Ims
given to his lordship to pare his nails, and tlal
razor was laid by tne body in the ckset, as ths
pretended instrument of my lord's srif-mirfo.
But that this story of the deliveringa iMorli
my lord in the Tower, was forged and fsbe, I
hope I have sufficiently proved, by the muj
contradictions bereinbcfbie observed, as to the
tin^ of delivering this razor to my Isnl. Bat
that the penknife was first intended to be bid
Sr the body, as the preteoded insonncat of
e self-murder, appears very probakle, sot
only from Bomeny "s sendii^ several timei ftr
the pen-knilfe, but also even fmn what BosMsy
swore at my trial. For when Bomeny vai
there sworn, my lord chief juslioe Jefferiei
asked Bomeny, How came your lord by tbil
unhappy end, pray ?
In answer to which, Bonseny svean, Tfait
his lord did call sevend timea for a peolaife, ti
pare his nails ; and he doth not snoe dcdIiob,
in the first paragraph of bis exaaunatioB (it my
trial) the delivery of any razor to my lord, ut
afiter, in that paragraph, he hath several tintf
mentioned the penknife, he thensireaR,ibtf
be saw his lord walldng in the room, and fidt-
ing of his nails with the pen-knife. Botiay
lord chief justice. Jefieries knowing whrt Ih-
mcny was to swear, here intenupts bim, ny-
ing. How, with a penknife f
Then BomOny, ceecrflecting his iuitiuctim
and former oath, saith.
No, with a razor, which I gave bim. M-
don's Trial, (see p. 1198, of this volume.)
The bishop saith, * That when my Ml
' body was broi^t home to his own besK,
* and the wound was examined hj his own nr-
* geon, he told me, it was imposaiMetbe wooid
' could be as it was, if given by any other bmd
* but bis own.'
Remarki. This undoubtedly the biebep ke
lieved to be true, from that surgeon^ n^
ledge in anatomy, thongfa the reaeon vbii^
that surgeon g^ves for such his opinioo, ii Mb
fiilse and ridicuknis, viz. < For,' saith UbIiv
geon, * except he had cast his head back, mi
*' stretched up his neckaN he oould, the «p(»
* urteria must have been cnt'
RemarkM. Here my lord% surgeon leo*"
deny that iheaspera arteriaufere cut; wbaar>
the two surgeons, which viewed the body •
the Tower, swore, that the atpera vif^i
were cut But admitting they were a<tgj»'
'the ridicnkuis part of w» surgeon^ m|*%
wherefore, none but my lord cooU giv« ^
cut, consists in saying ^to this efiec^ Tbiit*J
persons whatsoever could boW'my birf»^*"
90 far back, and stretched out his neck totoA
whilst his throat was cutting, as my M VSj
selfeoulddo. Now this « €ontreiytBV>^
i5l7l ' STATE TRIALS^ 36 Ghablbs IT. l6B4U->r a ItBsdmamM^. [151^
WM deckred (belWe tb« Lords of die C4mimit-
tee«) by aevend judicuNia phynciaos aod sur-
OMMify wb» wcire great anatomwtii. For all
iiOM anatoniists told their lordsbina of the
ooBunittBe, that they wmld poiitiTdv say that
il was imponible for my lord to cut ois throat
thRMi||;h each jugular vein, evea to the neck
bone, and behuid each junior Tcin, on each
■de the neck, as wme judicioua surgeoos, who
had obaefFed mv lord's cut, had. reported k to
be ciit. But this they could hie positive io,
(viz.) that they never eaw any man^s throat,
which was cut by himself, tliat was so cut.
liid they did then hurtber declare to their lord-
ships, tmit they did believe, when any man had
' cut throuffh one of bis jugular veins, and the
gullet and wind pipe, nature would be so much
weakened, by the great effusion of bkM>d. and
animal spirits, that thefelo de se woula not
have natural strength Sufficient, to cut through,
and behind the other jugular, as my lord's
throat- was said to be cut* Besides my lord
bishop vras credibly informed, that my lord's
ceotinel had confest, the letting in three men
to my lord a little beibre his dntth, and that
thereupon be heard great trampling in my
lord's chamber^ and somethbg fell, or thrown
down, like the M of a man. And th j bishop
was further credibly informed, that four men
were seen bustling in mv lord's chamber, a
little before bis deiSb was known, and that one
of those four, this informant heard cry oiit
murder! several times.
Now I desire to know, wh^er two of those
assassinates lyinsf on my lord's body, and with
tiie additional weight of the third ruffian's body ?
I say whether two of thoqe three, thus assisted
with the third bravoe's wei^t, could not keep
my lord upon his bellv, whilst the third man
with one hand pulled back my lord's head, and
stretched out hu neck as for, and as long as it
was neoessary to be stretched out, whilst with
the other hand, he cut his throat, almost round
the neck, as my lord's was cutP Certainly
, those ruffians could much better g^ve such a cut,
than my lord himself could do it
Remmrki, The bishop was capable (from
■lany proper vouchers) of nving ji short, and
T^ an mteiligibio account, m wlut was proved
oeiore, at, and after m v ti ial, relating to my
lord of Essex's being barbarously murdered.
But I never read, so impjerfect and confos^ a
reUtaoii, given by an bistorian, of any consi-
« denmle fiict, as the bishop gives (in the second
recited paragraph) of what was proved before,
nod at my Trial, relating, to my lord's murder.
For the bishop knew, that it was sworn be-
fore the coroner, by my lord's servant, and one
«f Uis warders, (in substance) That, * A razor
< was delivered to my lord to pare his nails, that
* he therewith retired into bis closet, and lodes
* the door, and that being opened, my lord's
* body was there found with his throat cut, and
*• thai razor Ivii^ by the body.' The bishop
•Ipo knew, that upon this being sworn, my
lord of JBssez was tound/e/b de se»
How the bishop also knew, that what the
boy and giri (by him before-mentioned) had re-
lated, the morning my lord died, to their re-
spective relations, was a contradiction to what
was sworn before the coroner. For,
Those two children declared, That they saw
a bhMdy razor thrown out of my lord's cham-
ber window, before it was known (to any out of
that bouse) that my lord was dead, and that
the maid, who took up that razor, aiid carried
it into my lord's lodgings, did thereupon first
discover my lord's death to those out of that
house. So that this razor was not locked into
the closet, with my lord's body, as Bomeny
and Rttssel had sworn before the oonmer.
But I would gladly know, of any man, who
reads only my lord bishop's befure-mentioiied
rdation or that ibatter, whethef be can thereby
tell, how the two children's seeing a bloody
razor thrown out of a window, did any ways
contradict, what was sworn before the coroner
to prove the self-murder. Or how that rela-
tion of those two chiklren (as by the bishop re-
presented) did any ways tend to prove my lord's
being murdered by otuers.
The bishop, in the second before'-roentioned
paragraph, gives a very imperfect and unin-
telligible account of my trial ; and thereia
saith, that the boy denied (in the court] biz
having seen a bloody razor thrown out of a
window. But saith the bishop, the girl stood
firmly to die story. And that as soon as my
lady beard of it, (which must be understood of
what was sworn at my trial) * She ordered a
strict inquiry to b^ made about it, and sent
what she found to the doctor, to whom sh»
had^entrusted all the messa§[es that had past
between her loid and her, whilst in the Tower.
When I,' saith the bishop « had perused all, I
found there was not colour to found a prose-
cution on, which sbe would have done w'idi
all possible zeal, if sbe had found any appear*
ance of truth in the matter.'
Renuirki. It seems strange to me, that tay
lady's agents, whom sbe had employed m
those inquiries, after what was proved at mv
trial, 'concerning my lord's being murdered^
should never discourse me, nor any of those
witnesses by me then produeed, relating there-
unto. And I do liere solemnly declare,* mat nei-
ther of those agents, and to me known to be
sudi, did ever, afVer my Trial, and before the
Revolution, discourse me, or (to juy knowledge
or belief) did they discourse any of my wit-
nesses, by me produced, concerning that mat-
ter. And I cannot tell finom what other per-
sons, her honour could have received a better
information, than firom me, or from some of
those witnesses, as to what was, by them^
sworn, relating to my lord's death. And I did
never bear, before this History was published^
that ahy j>ersobs from my lady, had ever mada
such an inquiry, as the bishop here mentionsu.
Neither did I ever speak to my lady, or to her
son, the fother of the present earl of Essex, in.
all my Hfe. But I have now just cause to be-
lieve, by what the bishop hath bei'ore writ, ia
rdntioB tone} and by the bishop's treating ms^
13191 STATE TRIALS, 96 Chahlks II. l6U.'^Tri^lofBrMon0miSpeke,[\$Z(^
with gpreat contempt, ever sinoe I renewed the
prosecutioa of this matter in 1688, that this
Dishop represented me to her ladyship, and to
her son, the late earl, as an enthosiastical, and
a very contemptible fellow, and from whom ho
informations were to be regarded, and therefoite
it was not fit to discourse me upon that occa-
sion, or wad I by her, of her son, to be at all
consicfered, for what I had expended, or other-
wise done or suffered before the Revolution, for
endeavouring, by lawful means, to vindicate his
lordship's memoiy, and to wipe off that great
stain upon his family, from that infamous, but
indeed false, charge of self-murder by his lord-
ship.
But I must here do that noble family the
justice to declare, that they were at the charge
of near a twelve- month's prosecution of this
murder, before the lords committees, and se-
veral justices of the peace, before whom, in the
interval of parliament, several witnesses were
examined in relation to this murder. For
** Upon the 23d of February, 1688-9, when
the hrst general committee ot'lordir met, to in-
quire into my lord's death, and upon whose
lordships I then attended. The then earl, but
ttfterwards duke of Devonshire, was chair-
man, and that noble lord then declared to
their lordships of that committee, that it
was very unreasonable that I, who had suf-
fered so much, in ppn^on and purse, in the then
preceding reigns, for endeavouring to discover
the true manner of my lord of Essex's death :
should be at any farther expence in the then
prosecution thereof.
And, some short ' time ailer this, sir Henry
Capel, afterwards lord Capel, the then late earl
of Essex's brother, desired me to meet him
such a day and hour, at Mr. gallop's chamber
in the Temple ; where I waited upon him ac-
cordingly ; and sir Henry told me, that I
should be assisted, with whatsoever money
should be necessary, for a vigorous prosecution
of that matter, and that I should be well re-*
warded, for what I had done, or suffered, or
should do, in the service of the family. And
thereupon 1 was supplied, from time to time,
with what money t desired, in about twelve
months time, in the prosecution of this murder,
before the Secret Committee of lords, and some
justices of the peace, who, in the interval of the
sessions of pal*[iainent, bad taken several infor-
mations in relation hereunto, and some of those
witnesses were sent for above 100 miles,
fiome about 70 miles, and some 30 miles, and
they gjare several attendances upon the lords'
committees, in relation to their respective in-
formations.
The bishop saith, < That my lord of Essex
had got into an odd set of some strange prin-
ciples. And, in particular, that my lord
thought a man was master of his own lite, and
seemetl to approve of what his wife's great
grandfather, the earl of Northumberland, did,
who shot himself in the Tower, after he was
arraigned.'
Remarks. H«re the Inthop wotild hare the
world believe, that my k>rd of Enez, in nme
cases, justified self-mutder.
I do notthmk the bishop himsdf was Ae
first inventor a^ this false change against his
lordship, of justifying self-murder, b^nse, bjr
what I heard sworn before the committee «r
lords, I have good cause to think, that faks
charge'was first forged by my lord's confede-
rate murderers to make the jury and the woild
believe, that when my lord cat nis own tfaroil,
his lordship did only put his own principles brto
practice. *
And here I must beg the reader's patience
and permission, for repeating, what I have
herein before declared to be sworn, before the
Secret Committee of Lords, relating to fin
matter. And I do hereby again solemnly de-
Clare, diat before that committee, it was (u
substance) sworn, when I v^as attending npoo
that committee, by Mr. Fisher, a very sobstHi-
tial and a very honest man of the jury. That
This juryman told Bomeny, (my lord's ser-
vant) that he had heard, his lord was a gsod
man. Whereupon Bomeny decfored thai bis
lordship was as good a man as lived. Tbea
(replied the juryman) it is very improbable m
good a man, should be gnihy of the greawt
sin, for (saith the jtirytnan) no crime can well
be greater than setf-murder.
Hereupon major Hawley then told that ju-
ryman, that whosoever thought tliatself-muraer
was unlike faiy lord's principles, was not wdl
acquainted with his lordship ; for many ^ende-
men who were intimately acquainted with tui
lordship, had often heard his loi'dabip declare,
that any man might cut his own throat, sr
otherwise destroy himself, to avoid an infaoioot
death. And therefore, saith Hawley, this sdf-
murder, is according to my lord's avowed prin-
ciples. And that juryman did then farther de-
pose, that he, believing this suggestioD fron
major Hawley, was the sooner indtned to be-
lieve that my* lord himself had indeed eat bis
own throat.
But when tlieir lordships^ of the commitlee,
asked major Hawley, by whom had he been
informed, that my lord of Essex had ever joi-
tified such a self-murder ? The major did
thereupon solemnly declare to their lordships,
that, before my lord's inquisition was takes,
he did never hear my lord had been of soch
principles, and therefbre he could not suggest
the same to the jury. And the major dkl thea
also farther declare, that he was not near the
jury, at that public house, where they did con-
sider of their inquisition, all the time that jmy
was upon that inquiry.
It Is well known to many gentlemen now
living, and that were men of conversation abeot
town, a little after my lowVs death, that it wis
i^ all parts of the city and suburbs, iwhistrioin-
ly reported, that my lord of Essex had josti-
fied self-murder, as lawful, to avoid an infiuBOSs
execution. But major Hawley 's denying tbet
he did ever suggest this to the jury, which »
positively sworn against him, and then dedir-
ingtfaat, never before the taking thatiaqoiB*
1521] STATE TRIALS, ^6 ChabLes II. 1684.— /m- a MUiemeanar. j[13S2
tion, did be hear my lord chaived with holdings
rach a t>riiiciple. This denial of the major,
platolj profes, that be was cornKsiouB to
. nimsdf, that this pretended principle, by him
chafved upon bis lordship, before the coroner
and fiiB jary, wa« a iatoe sojg^gestion, and ma-
liciously invented lie, and mitred by my lord's
murderug^ confederates, some of which had,
before that iury sat, therein pre-instructed the
major, and naa engaged him therewith to cor-
rupt the jury, so that they migfht be the sooner
mclined to jielieve, that my loni did indeed cut
. bia own throat*
• Afterthe bishop (in the before second insert-
ed paragraph) badygiren a. confused and im-
perfect account of r trial, without saving whose
trial, relating to my lord's death. And of what
, two children, at that trial, had sworn, rehting
t6 a bkMMly ra^r thrown out a window, without
saying whose window. And of what inquiries
the \w\y Essex had made, in relation to what,
at that trial was sworn, about her husband's
death. The Inshop then saith f
'* But that timefwhichby the bishop's before
relation only, will oe understood to be after the
trial beforementioned) one Braddon, whom I,
said the bishop, had known for some years,
for an honest but enthusiastical man, hearing
of those stories ^ which most men understood to
signify all the facts, which the bishop in that
paragraph had before related) resolved to carry
the matter as fbx as it would go, and he had
picked up a great yariety of little circumstances,
ail which, laid together, seemed to him so con-
vincing, that he thought he was bound to
prosecute the matter. I, saith the bishop,
desired him to come no more near me, since he
was 80 positive. He talked of the matter
so publicly, that he was taken up for spread-
ing false newS) to alienate people's hearts from
the king."
Remarks. I stand amazed how the bishop
(in hiti Pi-eface to his late History) could make
an humble appeal to the great God of truth,
tluitj in his said History he tells truth on all
occasions, (and consequently in his two before
recited paragraphs, and in all other parts of
that History; for to all parts tliereof that
bumble appeal is applicable) as fuUy and freely
as upon bis best inquiry he was able to find it
out.
' Now I will not say that the bishop knew
several facts (in the two before recited para-
graphs) related as true to be false.
But I am sure he had received such informa-
tion upon oath, as would have made any ju-
dicious and unprejudiced gentleman to believe
several of those of facts therein asserted for
true, to be falie.
And, in particular, the bishop, in the second
reciied paragraph, in subsunce, saith
'^ That it was believed the boy's father, who
bad a place in the custom-house, had jtrevailad
with the boy at the trial to deny his having
seen a bloody razor thrown out of the win-
A>w."
Whereas ths bidiop knew that tbs father,
atmytriaj, uponhia son's beine sworn, did in a
most solemn manner, charge his son to speak
the truth. And the father did then repeat that
solemn charge to his son, to speak nothing
but the truth. (Vide Braddon^s Trial, p. 1151,
of this Volume.)
And the bishop was also credibly infocmed»
that this son, when eighteen years of age,, did
depose before the Lords' committee, that the
reason wherefore he did, at my trial, deny his
having seen tlie bloody razor thrown out of
the window, was, because major Hawley, at
whose house my lord was murdered (the rnqm-
ing of my trial) did threaten him, a little before
he was onunined in court, and told h\m, in
great rage, that he ought to be whipped, once
a fortnight for seven years following, for re«
portiue that he saw the bloody razor <.thnnva
out of^the window. And the fi^^- did .Jifdae,
That such threatemng from major Hamey did
make him deny it at my trial, lest he should be
severely punbhed, if he had swon^ it to be true*
And the bishop saith that the boy went back-
wards and forwards, in his story, sometimea
affirming, and at other times denying it.
Whereas the bishop was credibly informed, by
the oaths of that boy, and his sister before the
Lord's committees, when the boy was 18 and
his sister then above 20 years old, that the only-
reason of diat boy's first denying the truth, cjf
what be had reported, relating to the razor,
was beoiuse that sister (in a threatening man-
ner told him, when thirteen years of age) that
he would be hanged for that report, and that
bis father would be turned out of nis place, and
all the family would be ruined.
The bishop saith, that ^ I had picked up a
' great variety of little circumstances relating to
' my lord's death.?
Jnemarks, It had been but justice, to the
true character of my lord of Essex, and it had
been but gratitude to the memory of the
bishop's noble benefactor, for the bishop to
have particularized that great variety of (what
the bishop calls) little circumstances, in proof
of my lord's being murdered ; and the bishop
should h^ve left the world to judge, whether
that great variety of circumstances, I had
picked up, had been little or great proofs of
my lord's having been barbarously murdered.
And,without particularizing the circumstances,
([of all which the Inshop had been particularly
informed, and was well assured, thev were
attested by the oaths of several credible inform-
ants) how could the bishop make good that
part of his solemn appeal to the great God of
troth, tha4(in relation to this matter) he hath
as fully, and freely, told the truth, as he was
able, upon bis best inquiry, to find it out ?
The bishop saith, That, < I talked of the
* matter (meaning the proofs rdating to my
' lord's being murdered) so publicly that I was
* taken up for spreading false news, to alienate
* the people's hearts from the king ; and that I
* was tried upon it.'
RemarkM, But the bishop was credibly inform*
ed,nstfromDieoiily,batby what was proved at
13291 STATE TRIALS^ SSChablbs IL l6%l^THU pfBmii^miiS^, [1334
my trial, and bdbre the JLords* ComtnitttWi
Tbmt the Thuraday next alWr my lord V death,
I waited on the thai aecretary of state, with the
aahstanoe of what oould be sworn, by the be-
ibremeationed boy and his mother, inrrelation
to the boy's seeing a razor thrown oat of my
lord's chamber wmdow. And that the secre-
tary ordered me to attend tha then next morn-
ing with those two informants. And that I did
then atteod accordingly, and the secretary be«
ing infonned (when with the kbg in cooncil)
that I did attend with soaoe witnesses, pursuamt
to his lordship's order, that 1 was iminediately
takm into custody, by one of the king's
messenger^, before ehber I myself, or either of
those informants (by * me then brought to
Whitebali) were examined. And a<ier exami-
Batkm, I was obUged to giro bonds, with good
snictiea, in two thousand pounds, to appear the
then next term.
So thai the bishop was well infinmed, thai I
waa not then taken up, for talking of this mat-
ter ; but for obeying the secretary's order, and
for bringinff witnesses to prove, that a Moody
laaor was tnrown out of my lord's chamber
window, before his death was known to any out
of that House.
The Msbop also knew .(from my printed
IVial) that it was not thenprored against me,
that I ever said that my lord of £sses waa
nrardared, or that I did ever say any thing, re-
flective upon the then government rcSting
Acrounto.
80 that the bishop was very well infonned,from
what was sworn, at, and after my trial, that I waa
not taken up and prosecuted for talkhig of that
matt^, and spreadtniir ftlse news, (wnich the
bishop hath asssrtefn but for prodocing those
witnesses, whose information tended to prove,
that my lord of Essex, ('one of the two greatest
bsBefoctors which the nishop ever had) waa
most treacheroualv and barbarously murdered.
—How then could the bishop cell the great
God of truth to witness, that he did believa, I
was taken up and prosecuted for talking of tiiis
matter, and for spreading folae news, when he
had read, what was (as above) sworn, in proof
af die contrary thereunto.
I have now concluded the Remarks I have
thought At (at present) to make upon what the
hish^ writ, in relation to the earl of Essex's
imprisonment and death. And I shall now
make some fow reflections upon what one Mr.
Monslephens swore at my trial. This Mr.
Monstrahens was onder-secretary to the old
aarl of^8underiand,when my lord of Essex
died. And upon Thursday morning next after
my lord of j^nex's death, I went alone to the
loni Sunderland's office,- with the substance ^
what the young Edwards and his mother oook^
■Wf*ar, (rehiting to tiiM>winf the bloody rasor
out of my lord's chamber-window) intending to
haw shewn the aame to his kirdship. But my
lord not being then at his office, Mr. Bloaste-
pheos then told nte, that my best time to spMk
vidi bii kirdshlp, would he about four o'obcsk
that aftemoen, when I did if^aiB go itee,tiMi
second time, to that office, where I ^ igan
speak with Mr. Monstephens, who told dm that
my lord Sunderland was tbea waitiwapsa
pnnoe George of Denmark, at the dacbm
of Portsmouth's lo<^nga, and that I had bat
wait there, and deliver those pafKrs to lay
lord— I told Mr. Monatephena 1 nothcr kanr
my lord Sunderland's person, nor the rtnriw
oiPortsraouth's kidsings.
Wherirapeii Mr. Monstephens told me, that
he would go with me, and shew me thoaa
lodgings, and speak to his lordship rwirniii^
me. And Mr. Monstephens aoeoidiagiy weat
with jne to those lodgings, and as my M
Sunderland was passing \y us, Mr.
phens toid his hydship 1 had aooae papers la
give him,— Where^^n I gave his honour dw
two bolbre-mentioned intbrmaiiona, ofdieky
and his mother. My lord Smaderland caai-
naanded me to attend him the then next nom'
ing, and to bring those informants with ne.
And the next morninff, I did attend wiih dia
boy and his sister, who could prove what the
mother therein could testify, and the modier
was sick. And this was the first time that Mr.
Monstephens saw either the hoy or kM suttn
wkk me : and my lord being then in the eaoa-
dl with the kin^ and duke of York, and many
more fords; and his lordship being iaftnaad
that I did attend pursuant to hia kwdahia'a
order, I was thereupon taken into custody, sa>
fore myself, or the boy, or his sister were <i-
aaoiaea: and what infas then and there ftrthcr
done, relating to me, I have heranbflibraal
large related.
But when this Mr. Monstmheas (at aiy
Trial) was sworn, he did deny that he saw as
at the diichem of Portamonih'a lodgings, <a tbs
Thursday evening before •meDtaMMMl.' M
when 1 then asked him whether I waa aotwidi
him, on the Thursday momiag, before I baaaikt
theboy or his sister: herapliad * no, Ldid sal
' then see you there,'
I didthen desire to know of Mr. Mooale-
nhena whether he could be poaitive in that?
Whereupon Mr. Monstephens afi;ain nplKd,
* yes, I will take my oath again of it' (Bnd-
don's Trial, n. lisa, of this votkuae.) Wban-
as in foot, 1 never brought the boy and hia
sister until the Friday morning, and that waa
the first time Mr. Monstephens ever saw dtbor
of them with me ; though (as before) bs
did duice (in effect) swear contrary tbaeiarta.
Not^. After niy trial 1 was crediUy ia*
formed that this Bur. Monstephens broug1it(ia
his pocket) to my trial, that wy raaor, wh«e-
with he pretended my lord oi Esacy oat bit
own throat. And he would then haveprodond
the same, had it been' calied for. Andthia
raaor he did often shew, as the pretended ia-
stmrocnt of iby lord's death | and if in reklioa
tadus gentbdnan'a sin, (in thrice drying thi
troth) and his misfortune, we might aigiiefrM
sins to punishments, Ida daadi was tciy re*
markabfe. For some years after the Rmlo*
don he cut his nwB throat witha
1 525] STATE TRl AU» 80 Chablhs II. 1 6S4^or a MiidemoM&r, { 1326
Bat whether with tiie TtryMme rasor (which
he had kept, end often shewn as the pretended
instmineBt of my lord's death) 1 cannot sav :
Irat of this I was very well aasured, that this
very gentleman did oflen, in Newgate, Tisit
Holland, (before- mentioned as one of my lord's
assassinates) when nnd«%r condemoation for a
robbery, and then many times brought him mo-
sey, and ifreat assoranoes of a pardon, which
was soon after obtained. And 1 have eood
reason to believe, that this Mr. M onstephens
bad receiTod a credible information, that this
▼ery Holland was the man, who (with the as-
wsCance of two other hraToes) cut my lord's
throat with a large knife, and consequently
Mr. Monslephe&s did not befiere that the razor,
by hhn kept and shewn, was the mstrument of
my lord's death.
1 shall now give the reason wherefore the,
House of Lords eame to no Resohitioii, as to
the manner of the lord of Essex's death. And
I must hete beg leaye to repeat how, and when,
those Examinations and Informations, taken
by the Secret Committee, were bronght be-
fore the House of Lords,, and what order (hat
House then made, relating thereanttA
The 5th of Febmary, IdSS-O, The four
voder-written lords were appointed to be a
dose Committee, to inquire mto the death of
the earl of Essex, (Tiz.> Earl of Bedford,
carl of Devonshire, lord Mordant and lord
Hekmere, whose lordshipa were to meet
vhen, and where, and as often, as they pleased.
' Before this Secret Committee there have
been -examined about 60 persons ; and some of
those witnesses several times attended, when
uther occasions prevented the meeting of three
of their lordships, widiout which, uer could
Bot act as a Committee ^ The then Solicitor
General, (Somers, afterwards Lord ChanosIk>r)
and major Wildman (then General Post-Mas-
ter) were several times present with this Com-
mittee, and permitted to ask those wimesses
what questions they pleased, in order to the
oiore full information to their lordships.
From the 5th of February, 1688-9, to the
middle of May then foUowing, I believe their
lordships appointed above thirty meetings ; and
af>er they bad examined above 40 persons, re-
kting to my lord's death, the duke of Devon-
shire, being chairman, delivered those exami-
nations, and ioformations to the said sir John
Ciomers, and major Wildman, and desired them
to draw the matter up in the form of a report,
with proper references to each examination
and mfbrmation, wherein the matter of the re-
port was more fully contained. * >
Major Wildman deshred sir John Somers, that
be (the major) might draw a rough draught of
the Report, and he would then send the same
to sir John Somersfor his consideration and
oorrection. But soon after the major thus
received those informations, he was seized vrith
a violent 6t of the gout, which (for the most
part) confined him to his bed until the 9dd of
that May. And in that monti) of May the
Mag isoBuniaeDoned- die duke of Defoo, the
earl of Monmouth and the lord Delamere,
Mr. Wharton, (afterwards k^rd Wharton) to go
down into the north, and there to regulate that
part of the army which had there mutmed.—
The earl of Monmouth, the lord Delameare and
Mr. Wharton, (went upon that occasion) out of
town before the 82d of that May, and upon that
morning my lord Devonshire sent me, from
Bedford House' in the Strand, to roi^r Wild-
man and sir John Somers for that report, and
for all Uiose informations and examinations,
which bad been taken by the Committee.
When I came to major Wildman, (at the
Post-Office^ I found hhn ill in bed, and in great
Kain with the gout The major told me, how
e had been (with the goutO prevented, frona
drawing up that report — Upon my return to
BedfoTu house 1 did acquaint the duke of
Devonshire with what the mmor desired, and
the reason thereof. — ^Butthe diike of Devonshire
then declared, that he had promised seveml
tords, that, before he went mto the north to re-
gukte the army, he would 'bring those exami-
natk>ns and informations into the House, and
therefore he would perform such his promise^
and bring them into the House, without the
form of a report in rdation thereunto.-^And
thereupon sent me the second time to major
Wildman, for those informations an^ examine^
tkm ; vrhich were delivered to ma|or Wild-
man, without bdngput info that order, wbei^
they ought to have been read. — And it being
near two of the dock when I hroofl^t them to
Bedford House, and the duke of Devonshiiw
then in great haste to go to the House of
Lords, he Carried them into the House, and de-
fivered them to Mr. Walker, the deputy clerk
of that House, put up in that disorder, wherein
miyor Wildman delivered them to me. And
there being above fort]^ of those informationa
and examinations, all which could not^ that
afternoon, be read an^ weU considered by the
House, therefore die House deferred the reading
of them until the then next day. — Aftd the
then next morning betimes my lord Devon-
shire took his journey into the north, upon the
commission aforesaid. On the S3d of M^y^
1689, those informations and examinations,
wherein there was great variety of matter, were
read in the House of Lords, and but one, of the
four Lords of Committee, then in the House,
(viz.) the old duke of Bedford, who was then
about 80 years of age. — And those informa-
tions and examinations were read in no proper
order, (viz.)'Tbose which related toonemattsVp
were not all read, before some others were
' read, which had no relation to the matter Of the
immediately preceding informatioDs. — And for
as much as none could speak so regularly to
the several subject matters m those informations
and examinations respectively contained, as
those Lords Committees, who were then out of
the House, therefore the consideration of
that business was suspended, until the lord
ste^rard, ^the duke of Devonshire) the ear) of
Monmouth, and the lord Delam€f« should re-
turn out of the country. And this appeara
1327] STATE TRIALS, 59 Ca AMES II. l6M.'^T)M0fBr€idMMiSpdsi,[m%
more fullj, by ibe Mowing Order of Oiat
House, (tiz.)
Die Jovis, 29 Mail, 1689.
* After 'dreading sereral papers and depoa-
ft tions relatiDg to the death or the late earl of
< Essex. It is ordered by the Lords spiritual
( and temporal in parliament assembled, that
« the consideration of this business shall be sus-
« pended until the return of the lord steward, the
< earl of Monmouth, and the lord Delamere,
* who were of the committee before whom they
« were made, and who are now in the country
4 in his majesty's services. And it is farther
« ordered, that the said depositions and papers
< shall be sealed up, and kept by the clerk of
* the parliament in the mean time.
* John Browne, CI. Pari.'
Those Depositions and Examinations lay
9 sealed up with the clerk of the parliament, un-
til the then next sessions, and upon the 26tb of
October then next following, tne lords of this
secret committee moved for reviving that com-
mittee, which the House revived by the follow-
ing Onler :
Die Sabbatis, 96 Octobris, 1689.
* Ordered by the Lords spiritual and tem-
<~poral in parliament assembled, That the com-
* mittee appointed on the 5th day of February,
< to take informations concerning the death of
< the la)e eafl of Essex, be, and is hereby re-
* vived, to continue and sit as before.
* John Browne, CI. Pari.'*
. * It appears by the Lords' Journal, that im-
mediately on the meeting~of the Convention, in,
January 1689, consideration was had of the
death of lord Essex : and the account given in
the text, so far as it extends, agrees with tlie
entries in the Journals. The latest day on
which I have found any such entries, is the
28th of November, in the same year.
It was then ordered by the House, * That
' such persons as are now under bail by recog-
* nizance, concerning the death of the late earl
* of Essex, shall be, by the Court of King's-
*' bench, bound over to appear the first day of
< Hilary Term next.' And, ' That the De-
' positions conceminff the death of the late earl
* of Essex, now sealed up, and in the custody
' of the clerk of the parliaments, shall be de-
* livered to the Lords committees appointed to
f examine the said business.'
, It seems likely, that no farther proceedinefs
in the House ot Lords, at least, were had m
the matter; and 1 conjecture, that theDepo-"
sitions were never returned to the clerk of the
parliaments. Through the very obliging in-
terposition t)f the present earl of Essex, a most
diligent search has just now (Oct. 1810) been
made in the Parliament Office, but none of the
rapers relative to the proceedings had in the
Committee, on the matter of the earl of Essex's
death, appear to be there extant. It probably
would not be easy to aaoertain what became of
tlwni'
Whereupon the befort-mentkmed Depoa^
tinns, and other jpuiers, whidiwere then Mtled
up, and in the oferk's csvtody, were redelivered
to the chairman of this committee, and sevenl
other yenaaa were examined by tboee Lordi
committees, wiio had many more meetiDgi be-
fore the beginning of January then foUowiiig;
about which time their lordships finished their
inquiries under this last mentioned order. And
then my lord Delamere was resolved te 6av
up the Keport him^lf, and to pr^^ent the same
to the rest of those Lords' committees for thdr
correction and approbation. But before lord
Delamere had finished that intended Report,
that parliament was prorogued, and the 6th of
February then followmg dissoUed, andcoDse-
quently all ftilher proc^dings hereupon, there-
by stopped*
So tnat, in fact, there never was any regular
Report made by those Lords of that secret
committee, nor did the House of Lords, ootbe
before-mentioned ISSrd of May, any farther
consider those depositions and papers rebting
to that matter, than to order. That the consi-
deration of that business should be suspended,
till three of those four Lords' committees sbooU
return out of the country, where they were
then in his majesty's service. Wherelore tbe
House of liOrds could come to no resolutios,
as to the manner of my lord Essex's death,
until their lordships had considered, vihat eri-
dence had been given before the coroner, to
prove the pretended self-murder, and what
evidence there had been produced before the
secret committee, that his lonlship was treache-
rously and barbarously murdered. And many
of those informations and examinations, were
taken by this secret committee, after tbe S6th
of October, 1689, bu^ by that conunittee, by
reason of the b^ore-mentioned prorogation and
dissolution, were never brought into Uie House
of Lords.
And for the reasons herein-before meotioped,
the House of Lords did never faSiv consider
the evidence, for and againtit the seff-murdtf,
and so their lordships could not come to any
Resolution, as to their opinion, of the true
manner of the death, of that great, but noibr-
tunate lord, Arthur earl of Essex, in 168S.
Oljection, It may be objected. That if their
lordships, of this Secret Committi<e, had be-
lieved, that those Informations and Exanuoa-
tions by them taken, relating to my lord's
death, had proved, that the earl of Essex was
murdered by others. That then those Lords
committees would have moved the House of
Lords, in 1690, when the new parliament (after
the dissolution of the Convention Pariiameot}
iirst met. That the said close committee might '
be revived, in order to their making a Report,
upon what informations and examinations had
been, as before, taken relating to this matter.
Because the proof of that murder, npoo tt^
hue king James, when duke of York, woaM
have been of singular service to the Revoliitioa
interest. And for as much as no such motisa
WW made by those V>rds ctynmittees, In soy
S
13S9] STATE TRIALS, SfiCHARLEs IL iSU.'-^for a Misimu^nor} [1330
«e8ft(ni9, after the dissolution of the Convention
l^rliament. It arefoes to those objectors, That
the Lords of that secret committee, did not be>
lieve, that all the proofs, by them taken, wer^
sufficient to incline the House of Lords to be-
lieFe, that Arthur earl of Essex was murdered
hj others.
Aiwuf. I da conf«M8 that the Lords Com-
mittees did not move in that new parliament, in
1690, to revive, this Committee, in order to
their makinf^ a report, upon the proofs by them
taken; relating^ to that lord's dfeath. And the
true reason thereof I could not learn, but this 1
believe, that no prosecution of any murder, in
the British annals recorded, ever met with such
opposition, as the fjrosecation of this murder
haul received. And
First, From all the Jacobite interest, as well
{irotestant as papist. And how great that in-
terest ever since the Revolution, hath been ; the
many treasonable conspiracies, and open Re-
bellbns have sufficiently proved.
Secondly, King James the second, being fa-
ther to the late queen Mary and queen Anne, it
is natural to suppose, that neither of those two
queens, would have had their father stigmatized,
trith that most infamous character of being a
murderer, and in more instances than one.
And whether king William, out of respect to
Jhis qoeen, might any ways hinder the fixing
such an infamy upon his queen's father, I can-
Bibt tell. — But this I sensibly felt to be true,
viz. That queen Anne, upon her first coming to
the'~crown, struck me out of the civil list : Be-
cause, as her majesty then said, I had thrown
hlood in her father's face.
Thirdly, The countess dowager of Essex (by
the influence of bishop Burnet) did desire the
Lords Committees in 1689, not to proceed any
farther in that inquiry, for the countess, by the
liishop, did then endeavour to persuade the
Lords Committees, and .several other lords,
that my lord of Essex murdered himself.
Fourthly, There was a certain great man
<diarged, as ordering to this murder, who had
been the main instrument (in the hand of Pro-
▼idence) of bringing about the Revolution ; and
by this very gentleman's councils, king William
was, for some years, very much infiuenced.
What interest therefore that great man had
with king William, or with any other persons
whatsoever, was applied, to hinder the prosecu-
tion of this murder. And,
Lastly, The late bishop Burnet himself, was
not only the principal cause of hindering the
countess from engaging in this prosecution;
but that prelate did otherwise endeavour to
blast the credit of this inquiry, by sometimes
representing me, (as in his late History) an
enthusiastical man, and therefore no rej^ard was
to be had, to what I said or did in relation to
that inquiry. At other times, that bishop did
represeot me a man of a very strong imaffhia-
tion, (a soft character of a madman) from
whence I was easily inclined to take up the
belief of things, upon such evidence, as was
not sufficient to prove the things to be. But
VOL. IX«
when 1 was so possessed of imaginary beings,
there was no convincing me, by auy'argu*
meats, of their non-existences.
But whether that bishop's belief of* the self-
murder by the earl of Essex, or my belief of
that lordl's being barbarously murdered by
others, be the effect of proper evidence, or
strong imagination, must be \eh to every jndi<-
cious reader, who shall have read and well con-
sidered, all the proofs, pro and. con, and herein
before-mentioned, relating.tothatgreat, but un-
fortunate lord's death.
I shall now make one reasonable request to
all my readers, viz. That they will ground
their belief, of the manner of my lord of Essex's
death, upon such evidence as to them shall
appear rational ; and not be implicitly influ-
enced to believe it to be, either self-murder, or
a barbarous murder committed upon him^ by
hired assassinates, because such^or such great
men did believe it to be so, though they them-
selves know not, what reasons or proofs those
great persons had for such thcnr beliefs. All
men know, that the believing of a lie, doth
not make it a truth : nor doth the disbelieving
a truth, make it a falshood.
AH !lhx>testant8 justly condemn the church
of Rome for imposing an implicit faith in their
chnrch. But an implicit belief of a fact, con-
trary to what is credibly proved, because some
men believe the fact to be otherwise than what
is sworn, but give no reasons for such their ber
lief, is more ridiculous, though less dangerous,
.than an implicit faith in the Roman cnurcb.
Because all proofs jbr matters of fact, are more
easily to be comprehended, by men of ordinary
capacities, than some evidences, brought to
prove some particular points in •ontrorersy^
between Christian churches.
Our hves and fortunes are now tried by
jurors; and those judges of facts are sworn,
** well and truly to try" ^the matter then in
issue) " accormng to evidence." Now ths^
jury would justly be condemned, who should
find an issue, contrary to plain credible evi-
dence^ only because some great men did hew
lieve the fact to be otherwise than what it viras
proved to be. If men will therefore become
judges of the mariner of this noble lord's death,
let their judgments impartially weigh all the
proofs, that are herein before mention^, for and
against the self-murder. And let that side (urn
tlie scale, which shall have produced th«
strongest evidence, relating to the matter in
question.
And I do hereby solemnly assure the reader
tliat 1 have herein printed nothing material, in
pi-()of of my lord's being barbarously murdcied,
Diit what 1 printed and published about 34
years since, (viz.) in 1690, and dedicated to the
same four lords committees. And I printed
2,000 of these' books, and about ]0,(K)0 ab-
stracts thereof, but could never meet with any
printed answer to the proofs then brought fur
that bai barons murder. And that such a book
was then printed and published, I do purpose
to give sumcient proof thereof, by leaving tLree
4a
lasi] STATE TRIAU, S6 ChaeibsI II. iBB^^THtil^BrUitmimdl^.lmt
of those books at three tereral ooffee-bowes,
Ode at ^ ooffee-liouK near ChariD^Croei^
another at a ooffee-houae near the Temple,
mnA a third near the Royal- Exchange, of
in'hich retpectlf e places, notice shall be given
in some publtc paper. And if itb each book
ifnch an index aa shall inunediatdy direct to. the
thing inquired for.
I shalTnow give a brief relation, of what was
aupnosed to be one of the |Hvicjpd occasions,
of (hastenin|[) the poisoning of king Charles
the second, viz.
Some short time before tibe death of that un -
happy prince, there was a pafnnhlet writ and
pnnted in Hpjlland, entitled, ** An inquiry into,
l^od detection of the barbarooa murder of the
late earl of Essex.". And m^ny hundreds of^
these were brought to England.
In this pamphlet, there were wany argu-
ments given to prove that murder. And the
author did thecein humbly beseech his then
in^esCy, that he would be graciously pleased to
give lus royal assurance of a pardon to him,
who should prove that murder* And then the
duke of York should be proved to have been
the principal author, and rewarder thereof.
leeveral hundred of Uioee books were, one
flight, <4M>ut twenty days before king Charles
the second's death, dispersed by some geutle-
men, and for the most part, laid attheifeors of
privy counsellors, and of olber noblemen, and
justices of the peace.
One of those books was then conveyed to the
kiitt^t who read the same, and then sent for the
lord AUington, then constable of the Tower,
and charg^ his lordship to read and consider
the same, and in a short time to return the
book, and to give his roigesty bis opinion
thereof, and also what his lordship thouifht, as
to the' manner of the earl of Essex's death.
My lord AUington lent this book to sir Tho-
mas Bowe, but charged him to retura it the
then next day, because his lordship dkl intend
then to restore that book to the king.
Sir Thomaa read, and returned the book ac^
49ording^y ; and shortly after waited again upon
the lora AUington, who did then imbrm sir
Thomas, that be had again been with bis ma*
jcsty, «nd returned that book, and that there-
upontbe king asked my lord, whether h« had
Md, and considered tiko same P And his lord-
dup inairendy thal^ ia hwmhlo obcdisBoe to
his niajesty's commands, he had read, and eos*
sidered the^ contents thereof. Whersopon the
king then commanded my knd to gire his
judgment, as to the death of the eari ^j^no.
But his lordship did then humbly beseech bb
miyestv to excuse him th»m giving any JQd|K«
ment therein. Whereupon the \dag tbea sud,
I comnoAnd you to deu very plaimy snd an-
cerely with me in relation thereunto ; Sir, Be*
plied my lord, if ^our mi^ty commandi ne
to deal therein smcerely with yournuyeity,
I must then sav. That I am ot'opinioQ, dat
unfortunate lord had ver^ foul play. Then (tf
I live) said the king, I will make a very sirid
inquiry into that matter. And I conuDsad
you to come to me to morrow.
As soon as the lord AUiiigton 'wiihdrair,tlie
duke of York came in, whikt the king bad the
book in his hand. And (as the king the aoi
da^r informed my bird) the duke asked hb
m^e^ty, who hao brought bim that viOsiBMi
lyin^ pamphlet ? But Sie king then ssid, thst
he did not bdieve it to be a lying psmsUet,
and that his majesty was veadved to nue t
strict uiquiry into the earl of Essex's dcitb.
And his nigiiness should go abroad befive tint
inquisitioB was made. The duke thcreapn
dedared, that •' He had already fraivHed m
much."
The substance of what is above-meqitisBe^
relating to what past, between king CbsH^
the second, and the lord AUington, l badfron
sir Thomas Rowe, soon after the Revolotiin.
And some few dajrs after that disooorw be-
tween the king and duke, the king sodtbt
lord Allingtoui were seised with socb as
iflness, as was generally thought to be the
effect of poison.
And the tord AlKngtan «ed, aboot Ibne
days before the king,- and his majesty dial ihi
ath day of February, 1684-^. And so by tbat
king's beuig forced to travd too soon ioH tbe
other world, kii^ James delayed bis m
travels in this, nnul the conaomusnesi id bb
own gttilt, and the just deOertion «f hit en
troops, forced bim to becooae a fiigiii^ lad a
pensioner, to that great mooarch, wfaese «li-
tiary government, be liked modi better, tbis
te be eircuBDScribed by those good lava, vbiefc
blnderedhim from miiimg both oar Cbonb
andSMattt.
1883} STAtE TRIALS, MChaelbsII. lesi.-^THiJ 0/ Sir S. BsnutriU^i^. [i334
304. The Trial* of Sir Samuel BARNARDisToy, bart. at Nki Prius,
at the Guildhall of London, for a High Misdemeanor :
36 Charles II. a.d. 1684. [To which are added, Proceed-
ings upon a Motion in Arrest of Judgment in the said Case ;
now first printed from the MS. of Sir William Williams, com-
nrnnicateo for this Work (a. d, 1811) by his Descendant,
Mr. Charles Watkin Williams Wy;m.]
HThERB beioff in Hilary term last, an Tnfor-
nation in the Court of l^jog's-beiich, preferred
ty his majesty's Attorney General, against sir
mmuel Bamardiston, for a very great misde-
meanor ; upon oath made that he was so ex-
tremely indisposed, that be could not appear in
person without danger of his life : the Court
were pleased to respite his recognizance, (which
be, by order of the lords of his majesty's most
honourable privy council, entered into the last
vacation to appear in this Court the first day
of this term,) and to allow him the liberty of
pleading to tne Information by Attorney, which
he did. And Tliursday, the 14th of I<ebruary,
1684^ being the session of Nisi Prius, after the
ttvm hdden for the city of London and county
of the same, was appomted for the trial of this
cause, and accordingly then the same came on,
and was tried before tne right hon. sir George
Jeffreys, knt and bart. lord chief justice of
his majesty's Court of King's-bench, in this
manner.
Glerk. Callftwiiy,Gryer.
Cryer. You good men of Nisi Prius, sum*
moned to appear here this day between our so-
vereign lord the king, and sir Samuel Bamar-
diston, bart. answer to your names and save
jfonr. issues.
CL Thom&5 Vernon and his feUows. ' Vous
' avez plein Inquest.' Call the defendaot sir
8amuel Bamardiston.
Crycr, Sir Samuel Bamardiston, come forth,
or this inquest shall be taken by your default.
Mr. WUlittms. He appears.
Cierh Gardez vostres challenges. Swear
Thomas Vernon.
Cr, You shall well and truly try this issue,
heiween our sovereign lord the king, and sir
Samuel Bamardiston, according to your evi-
dence. So help you God.
* From a pamphfet, entitled, <' The Trial
^ad Conviction of sir Samuel Bamardiston, bt
for lligh Misdemeanor, at the Session of Nisi
I^rius, holden at Guildhall, London, for his
dli^esty's Court of King's- Bench, before the
Kight Hon. sir George Jeffreys, knt. and bart.
XiM-d Chief Justice of England, on Thursday,
feb. 14, 1684."
* 1 do appoint Benjamin Tooke to print the
* Trial of sir Samuel Bamardiston, bart. and
* order that no other person presume to print
< tb0 iMII6« G^. jBFFAErs.'
t
CL Perdval Gilburo : who was sworn, and
so the rest.
The names of the twelve were these: Tlio-
mas Vernon,* Perciral Gilbuni, Edward Bo*
very, William Withers, sen. James Wood,
Robert Masters. Samuel Newton, Georve Tor-
riano, Kenelm Smith, Thomas CkHklard, Tho*
mas Amy and Richard Blackburn. Then th^
were counted, and proclamation made for in-
formation in usual manner.
Mr. Pouitney. May it please your Lordships
and you Gentlemen of the Jury ; this cause w
between the king and sir Samuel Bamar^istoa,
and it is upon an InformatioB exhibited by Mr.
Attorney General, wherein he sets forth. That
there having been lately a Horrid Plot disco*
vered, (as Mpears by the eoarictions of diose
that have suffered justly for it, and bv the evi-
dence that has been given of it, has oeen made
so apparent, that I do net question, but that
no man but who either has a hand in it, or else
l)ears a good will to it, doth at all scruple the
belief of it) sir Samuel Bamardiston, the de^
fendant, intending to scandalize and vihly the
Evidence, wrote a Letter wherein are contained
these sentenees.
* The return of the duke of Monmoath to
Whitehall, and bb being received into extra-
ordinary favour of his majesty, hath made a
strange alteration of affairs at Court ; for
those that before spake of him very indecently,
now court, cringe and ereep to him. £fU
grace complained to the king of the scanda-
lous misrepresentation that was made of him
in the Monday's Gazette^ upon which the
Qazetter was called to account for it, who al-
ledged for himself, that a person of great
quality sent him in writing the words therein
recited, commanding him to put them in the
* Lady Rachel Russell, in a letter dated
January 31, 1684-5, to Dr. Fitzwilliam, says,
** I heard this day of a kinsman that is gone i
a tew years ago, I shf 11 i nave had a more
concerned sense for sirT.iomas Vernon : his
untitness, as I doubt, I do tamdnt indeed." The
editor of lady Russell's Letters inserts, in a
Note to this passage^ the foHtiwing mention of
sir Thomas Vernon made in the *' JDii^play of
Tyranny :" •♦Sir Thomas Vernon on tw^juiy
against sir Samuel Baniardiston, knighted for
his service in it, and then made foreman to
convict Gates of peijnry." See in this Colleo-
tien the Trial of Gates, May 9, 1685.
1335] STATE TRIAtS, 36 CiIAKLSsn*
* Gazette. Yesterday being the last dayof tbe
* lercD, all tbe prisonera that were id the Tower,
« upon the late Sham Protestant Plot, were
< discharged upon bail. Mr. Braddon who
^prosecuted the murder of the eari of Essex,
* the Information put in against him in the
* King*8- bench, by Mr. Attorney for a pre-
* leaded subornation, &c. was not prosecuted,
*■ and his bail was discharged. And the pass-
* ing sentence upon the author of < Julian the
* Apostate,' and the printer of the kite lord
* RusselPs Speech, was passed over with si-
< jence. Great applications are made to his
* majesty for the pardoning Mr. Sidney in the
* Tower, which is believed will be attained,
« and that he will be banished. The lord
' Howard appears despicable in tbe eyes of all
« men ; be is under guard at Whitehall, and it
* is believed will be sent to the Tower, for that
■ the duke of Monmouth will accuse him con-
* oemingthe testimony he hath given, and the
* Papists and' high Tones are quite down in the
* mou h, their pride is abate<l, themselves and
Vtheir Plot oonfbunded, but their malice is not
* assuaged. It is generally said the earl of
' £sse|t was murdered. The brave lord Rnssell
* IS afresh lamented. The Plot is lost here,
* except you in the country can find it out
'amongst the addressers and abhoriWs. This
«• sudden turn is an amazement to all men, and
* mnst produce some strange events, which a
* little time will shew.'
And then he goes on further, and says, in
another Letter, these words :
^ I am to answer yours of the srth and 29tli
* past, and truly I cannot but with great sorrow
* lament the lessof our ^od friend, honest Mr.
» John Wriffht, but with patience we must
< submit to the Almighty, who can as well raise
* up instruments to do his work, as change
* hearts, of which we have so great an instance
* in the business of the duke of Monmouth,
« that no' age or history can parallel. I am
* now thorouglily satisfied, that what was
* printed in the 5londay's Gazette is utterly
* folse, and vou will see it publicly declared so
* sliortly. ,rhe kinff is never pleased but when
* he is with him, bath commanded all the privy-
* council to wait upon him, and happy is he
* that hath most of his favour. Hispardon
* was sealed and deiirered to him last Wednes-
* day. It is said, he will be restored to be
* master of tbe horse, and be called into the
* council. table, and to all his other places, and
* it is reported he wijl be made captain-general
* of all the forces, and lord high-admiral, &c.
« He treats ail his old friends that daily visit
« him with great civihties, they are all satisfied
* with his mtegrity ; and if God spares bis life,
* I doubt not but he wUl be an instrument of
* nach good to the kins and kingdom. He
< said publicly. That he knew niy Ford Russell
« was as loyal a sulgect as any in England, and
* that his majesty beUeved tbe same now. I
« intend shortly to wait on him myself. It
« would make you laugh to see how strangely
« our high Tories and clergy are mortified, their
ll.-^TrudqfSir S. Bmnwrikia^ [1556
countenances speak it. Were my SbsMiaiy
to be moved tor now, it would be resdilj
mnted. Sir George is grown verybomiiit.
It is said Mr« Sidney is reprieved for tav
days, which bodes well.'
And then, gentlemen, he goes on filrtiier ;
and in a third Letter says,
' The late change here in pubhc ^ilairs issa^
« great and strange, that we are like mco in t
< dream, can hanli^r believe what we see, sad
* fear we are not fit for so great a mercy w tk
^ present juncture seems to promise. TW
< Sham Protestant-Plot is quite Inst and eoo-
* founded. The earl of Mackeo^ld is bring.
< ing actions of Scandalis 1!tf agnatum, sgsiost
< alfthe grand jury-men that indicted him at
* last assizes.'
X. C. J. (Sir George Jeffisries.) This is the
only true thing in the whole.
[|3lr. Poulmey reads.]—* And tbe sevend
* gentlemen that were indicted in Chesbize and
* Northamptonshire wiU bring their sersnl
' action at law against them.'
And, gentlemen, then in a fiiuHh Letter ase
Qontain^ these expressions :
'• ' Contrary to all men's expectations, a war-
< rant is signed at bst for beheading col. Sidoey
' at Tower- hill, next Friday. Great eodcavoor,
< have been used to obtain his pardon, but tbe
' contrary party have carried it, which mocb
' dasbeth our liopes, but God still governs.'
Grentlemen, all this, the iDformation * stji,
* The Latin Indiotment mos thus :
Midd* xs, * Quod cum quasdam disbolicset
proditoria oonspiratio ei insumctio divcfsar'
seditiosar! et inale-dispo«t' pecaonar' ad Do-
rainum nostrum Carolum secundum nane
Regem Angi' murdrand' et interficiend', et
leges et gubemationero hujusre^' Angl*,iit
per leges modo constitnt' et stebUif , smff-
tend' detect' fuisset : cumque etiam aoidaD
Willielmus Russel Arm', et diversae u' per-
son' de conspiratione et proditione iir per de-
bituiu legis process' fuiWent trial', ooovia*,
et attinct', et pro eisdem execut'. Ac <|iii(bBi
Alg^ernon Sidney Arm', de conspiratioDe el
proditione ill' existebat similiter triat* et con-
vict' : Cbmque super triation^ praed' W. R.&
A. S. Willielmus Dominus Howard de £f-
crick, testis ex parte diet' Dom' Regia ad
prodition' et conspiration' praed' proband'
product' fuisset, quidam Samud BarnaijfiiBloB
nuper de London Bar', existens homo aedi-
tiosus et pernitiosus, et turbulentaeeliDquietti
animae et conversation', false, ilhcite, maK-
tiose, inequit' et seditiose machinan' et prae-
tican' et intendens diet' Dom' Begem bbd^
et gubemationem et regimen sua, Decnoa
publicam administrat' justic' in hoc re^
Angl' in odium, scandalum, efrilipeadium
cum subdit' suis iuducere et inferre, ac dis*
cordiam et seditiouem int' dictum I)(MttioBB
Regem, et ligeos subdit' soos, et iat' eoadem
subdit' roovere, incitare et pooere, necoaa
nacem ejusdem Dom' Regis, et trso^uillitit*
hujuB regn* Apgl* inquietare, motesim ^
1S37] STATE TRIALS, 36 Chaeles II. i6f 4.-/<^ « MiMimimur* [1353
he lii« dene agsinsl the petjce of tbe kiof , his
fsrdwn and dif^ty. To this he hu pleaded
Not Guihy. We will call oar witneMea, and
if we prove it, we qneatton noC but you will find
him Uailty.
* perturbare, et conapiration' et proditton*
*,pnBd' coDodare, et evident' pro dioto Be^
' in ea parte vilifi6»e, acanoUisare, et de-
* terrere, et ad ne^uiaBtiiiaa, diabolicas, et ne-
* fandisaimaa macbination', prac^oaiion*, et in-
' tentiones suas proed* perimplend', perficiend',
« etad efiectum'ridigead', 20 die Septembr',
* anno nm' Dom' Caroli secandi nuoc Reeis
*■ AngP, £c. 35 apud paroch' sancti Michadia
* Combill, L(»don, vi et armia, k/c, false, illi-
* cite,«ii^U8te, malitiose, corrupte, et seditiose
^ fecit, eompoauit, et acripsit, et fieri, compohi,
* aoribi, et publicari caosavit, quoddam fabum,
* acandaloauro, et aeditiosum libelluni, geren'
« d«t' 29 die Novembr', anno Dom' 1683, in
< <puo quidem libdlo {inf al'^ content' fuer' h«
« falas, fictce, scandaloaee, libellosfe, matitiosQe,
« et aeditiosee sententia Anglican'.semien', vide-
* licet. Sir ; Tbe return of the duke of Monmout)i
€ to Whitehall, and his bebg received into ex-
t traopdinary favour of hia m^esty, hath made
« a atranffe alteration of affairs at court; for
« those that before spake of him Tery inde>
* oently, now court, cringe, and creep to bun.
« His grace complained to the kingiof tbte scan-
* dalous misrepresentation that was made of
< him in the Monday's Gazette, upon which
* the Gazetteer was called to an account for it,
« who alledged fbr himself, that a person of
« great qnali^ SHit him in writing' toe words
f uierein recited, commanding him to put them
« in the Gazette. Yesterday being the last
* day of the term, all the pnsonera that were
* in the Tower upon the late sham Presbyterian
« Plot (conspiration' et prodition' - prttd' innu-
. • endo) were discharged upon bail ; Mr. Brad-
' • don, who prosecuted the murder of the earl
« of Essex, the information put in against him
« in the Kiog's-bench by Mr.^ Attorney, for a
* pretended snboniation, &e. was not prose-
* coted, and his bail was discharged ; and the
< passing sentence upon the author of Julian
* the Apostate, and the printer of the late lord
« Russell's speech, was passed over with silence.
« Great applications are made to his majesty
« for his pardoning Mr. Sidney in the lower
* (dictum Algernon Sidney, ut prtefertur, con-
* vicl' innuendo) which is believed will be at-
«'tained, and that he will be banished. The
«-lord Howard (diet' Willielmum Howard in-
« nuendo) appears despiseable in the eyes of all
< men ; he la uodeit a guard at Whitehall, and
« (as believed) wHi^ be sent to the T wer, for
< that the duke orMonmouth (Jacobum Ducem
•Monmouth innuendo) will accuse himcon-
* cerniug the testimony he hath ^ven, &c.
* evident' super triation' et conv ction' prsed'
* W. R. & A. S. per eundem Dominum How-
* ard, ut prsfortar, dat' innuendo) tbe Papists
«.and high Tories are ouite down in the mouth,
* their ptide is abated, themselves and their
Mr. Recerder* (Sir Thomas Jenner) May it
please your lordship, and ;^ou gentlemen of
the jury ; 1 am of counsel lor the king in this
cause. Upon the opening of these Letters to
you, yeu cannot but wonder much nsore than
plot confounded, but their malice is not as-
suaged. It is generally said the eari of EsasK
was murdered : the brave lord Russel (diet'
Willielmum Russd, pro oonspiratkm' pnsd%
ut prsfertor, convict', attinct', et.exeeui* in*
nuendo) is afresb lamented. The plot (oo|i*
spiration' et prodition' prad' innueiioo) ia lost
here, except you in the country can find it out
amongst the addressers and ahhorrars^ This
sudden turn is an amazement to all nifn, and
must produce some strange event, which e
little time will shew. Ac ad nequissimaa et
nefandissimas machination' et intention' auas
praed' perimplend', perficiend',et ad effectnm
redigend', ioem S. B~. Bar' postea (scil', diet*
20 die Decembris, anno regn' cuct^ ]>om*
Regis nunc 35 suprad') apud parodk' saacti
Michaelis Combill London pned', false, iUi«
cite, injnste, malitiose, corrupte, et seditioee,
fecit, composuit, et scripsit, et fieri, oompeni^
scribi, et publicari causavit, quoddam al' faU
sum, scandalosum, libellosum, et seditiosum
libellum, gereif dat' prime die Decembr', mmo
Dom' 1683, in quo quidem libeUo (int' al')
content' fuer' hie false, fict», scandalosse,
malitiosoB, libellosie, et seditiose sententiA
Anglican' sequen', videlicet, Dear sir, I am to
answer you of 271 h and S9th past : and truly I
caonot but with great sorrow lament the loss of
(AUr good friend, honest sir John Wrk^ht ; but
with patience we must submit to the AunightT,
who can as well raise up instruments to do
his work, as change hearts, , of, which we
have so great an instance in the times of the
duke of Monmouth (prad' J. Due' M. innu-
endo) that no age or history ean parallel. I
am now thoroughly satiafied, that what was
printed in the Monday'a Gas^tte is utterly
false, and you will see it so declared shortly.
The king IS never pleased but when he is with
him, haSi commanded all the piivy^eonncil to
wait on him, and happy is he that hath most
of his favour ; his pardon was sealed and de-
livered him last Wednesday ; it is said, ho
will be restored to be master of the horse, *
and be called into the council table, and to all
his other plac<^ ; and it ia reported he will be
made captain-general of all the forces, and
lord high admiral ; and he treats all his old
friends, that daily visit him, with great civi-
lities ; they are all satisfied with his mtegrity,
and, if God spares his life, doubt not but he
will be an instrument of much good to the
king and kingdom : he said publidy, that he
knew my lord Russel (diet' Willtelm' Rusael
pro conspuratioo' et piodition' pned' convict',
attinct', et execut' mnuendo) was as loyal
a subject as any in England, and that nia
majesty helieved the same; now I intend
shortly to wait on him myself. It would
make yoo laugh to see how strangriy our
1389] STAT&T&IALS, 36 Chaelbs U. l6S^^TrialQ/SitS.Sarmm'iUm, [1510
he iota that wrote them. His nwtter of won-
der Was one way, and 1 samMiae year matter
cf wonder is another way, tnat a man, sooh an
one as he /is, should bare that oonAdenosto
wiitosach leHars as these sore, Gentlemen^ I
do not doubt but you observe in the series of
these Lettert, how be hath tiuvetted through all
tito transaetioiis of this horrid conspwaey, that
was of late oontrired against Ibe life of the king,
nod the life of bis royfti biglmess, and for the
destruction of the gofermnettC; and how he
deeg endeavoar to torn, it all into ridioule,
and to mngaiff tbd mm that have oome to
jMhIic jnstied for being eoneemed in that hor-
rid oonspimey, an being very brave men. The
brave kira Rusnel, he m fomeoted an a brave ,
nan loetj the earl of Essex he fbrseoth was
rturdeted ; voA Mr. Bmdden^ who proseentod
Ant murder, he is a brave man, whom I sup^
Mae ieme of yon have heard of, and what is
Eeoome of him, how lie is oenvieled of one of
dte most notorious facto thiit ever was aetnd by
Ttum in anr dvil government; which was^ that
Bmddonnottid go up and down toset witnesses
to Boahe it appear to the world, as £ough some-
body had murdered that eaii Thus yon see
he goes throiq^h the eonspirsey from One thing
I* another, and calfo it a Sham Protestant Plot,
nttd all toridicnie the discovery, which by these
^enr Letiei^ you may easily be satisfiedf of the
vmty and eitfent off You see how be mag<-
"^^ ^' Jttlhtti^ bnt he likewise is come to
* high Tsries and clergy ar^ mortified, their
* oomtenilnMi ffjf^^ it ; were my lord 8—
*to be moved for now, it would be readily
' gnnfed*, sir George (Georgium Jeflreya Mir
* et Bar', Cairitar Justin' Dom' Ibegis ad pla-
< cite in eur' ipsins Dom' Regis coram ipso
' Rege tenend* assign', adtunc et adhne ex-
* iMen' innuendo) is grown very humble. It is
' said, Mr. Sidney (metum A. S. innuendo) is
* reprieved fhr torty day^, which bids well.
* Ae ad ne<juisBittas eC nerandissimas maebina-
* tfion' et intention^ suas prsBd* perimplend',
' perfiOtemF et ad efibctum redigend', idem S.
* B. pOHtoa (scilicet, dicto 30 die Decembr',
' anno regn' diet' Dom' Regis nunc 85. suprad',
' apnd paroch' sancti Michaelis Corohill Lon-
* doD praed*) falso, illicite, injuBte, malitiose,
' eOrropte, et sediliese fecit, composuit, et
' scripsit, et fieri, componi, et scribi, et publi-
* can causavit, qpoddam aP felsum, scandalo-
' soto, libeilostim, et seditiosum libellnm, geren'
* dat' prime die Decerobris, anno Dom' 1683,
9 in quo qnidem libello (inter al') content' filer'
f hsB fklsce, fictae, scandaloss, malitiose, Ubel>-
^ losee, et seditiosce sententin Anglican' sequen',
f videl'. The late change here in publick af-
! fkirs is so great and strange, that we are like
* men in a dream, can hardly believe that we
< see, and fear we are not fit for eo great a
' mercy as the present junctute so seems to
* promise. The sham F^rotestant>Plot (oonypi-
* ration' et prodition' precd' innuendo) is quite
^ lost and confounded. The earl of Mackles-
* field is brin|^ng actions of ^gandalum Mag-
condigii puniBbment for that ^
and scandalous libel. In the nnt'plicsi W
cmnes to the dtjce of Monmauth, and telb vsa
what a brave mau they have in him to betMr
captain-general, and be did not doubt but ts sie
him come to it ; and seta forth, that he has de-
nied ail the ploi, and btow be doth persist ia
that denial. And this gentleman has raised hh
oonfidence in'tfaese Lsttei^ to that degree, tte I
think any man, that has lived any time m dm
nation, cannot but wonder, tlwt ever tbtte
should be such an impudent action committed
in it. Gentlemen, we shall eaU our wiUMssa
and prove it positively upon him, that tben'
Lettem he did write, and tben I sup^ese he will
give an account how he came to wntethen.
Mr. Herbert. May it pieaso your ronhliip,
and you gentlemen of the jury, I have but ese
wtHJ which I desire to observe ; lor the open-
ing of the onse, and a right onderatanding sf
the saatter will have a gr^ influence npon tbe.
proofs. And I shall not insist upon any tbiaj^
that has been opened at large out of theLadsn,
bnt one thing l woidd obo^e to you, and tbst
is out of the huit Letter. • Great endeavuns
* have been used to obtain his pardon, buttbe
* contrary party have carried H, which wmt
^ dasheth our hopes.' So it seons by this tbif
the fiu;tion, the party, have their hopes siitt,
and it seems likewise the writer of these Letters
hath a very great share in them. We hart,
gentlemen, nothing to do here before you, bat
■■ ' I ■ ■ .III t »^»^»
natum against all the grand jurymen tbst in-
dicted bun at the last assizes, and the se«CNl>
Smtlemen*that wereindi<^ed in Cheshire aad
orthamptonshire will bring tbeir several ac-
tions at law against them. Ac ad nequiswaai
et nefandissimas machi nation' et ioienuoo'
suas prsd' nkerius perimplend', perddcnd', et
ad e^ctum redigend', idem 8. fi. BsP
postea (scilicet, 90 die Decerabr', anno regs'
]>om' Garoli seoondi nunc Regis Angl', &c
d5.)apud paroch' sancti Hichaelia GonluU
London pmd', falso, illioile, injuste, comiple,
et seditiose fiecit, composuit, et scriput, et
fieri, componi, scribi, et publicari caonrit
quoddamaV fiilsum, scandaJoBum, libelksum,
et seditiostmi libefliim, geren' dat' 4 die De-
cembr', anno Dom' 1083, in qno quidemiSwl-
lo (mf ai') content' fuer' hs al' falsK, Beir,
scandalosie, mahtiosie, libeUosn, et eeditiosn
sententiae Anglican' sequen', videl' CoDtrary
to most men's expectation, a warrant is sighed
at last for beheading Mr. Sidney (diet* Al|^-
non Sidney innuendo) at Tower- hill next Fri-
day : Great endevvodra have been ti^ to ob-
tain bis pardon, bnt the contrary paity bsra
carried it, which much^dashetii our tMpm :
but Qod still governs. £a intentione, ad
incitand', movend', et procurand' seditiencn,
malevolent*, et discord' mf diet' Dom' ficgm*
et sobdit' ipaius Dom' Regis bujus regn'
Angl', necnon int' iusos subdit', in maloa
et pemitiosum exemplum omn' al' in tab csso
delinquen', ac contra pacem Dom' Regis nunC|
eoron', et dignitot'sua||.&o. Vnde|duv,'
' 1541 ] STATE TRIALS, J6 Huamlm IL 1 SU^far a MUdmeanar. [im2
to prore that lir fiamiiel Btrnardiiloii was
the aotbor, writer and (raUitber of the Letters,
<wVieh isontain that wbieh ie charged in the
tnformattO'n, and that we qoestioo not but to
Et>ra dearij-wkhoat oomtradiotioo. CaU Mr.
bthwaite. [Whi^ was swom.] Pray give
in the Letten. [Winch was done.]
^ Mr; Recorder. " Pray, Sir, look upon those
JuetterSy' and g*ire the court and the jury an
aoconnt where you had them.
Mr. Biathtpaite. Gentienien of the jury|
theee three Letters sir Samuel Bamardiston,
vpon" the 10th Of December, before the king
and ther lords of the council, did own to be of
his hand- writing. I marked them at that instant
ef tnoDe, aind 1 am well assured they are the
'-Letters h^ owned to be of his hand-writins'.
Mr. Williams, Did he own them to be of
Ills hand-writit^ f^^Blatkaaite, Yes.
• X. C J. Did he own them all three ?
Blathwaite. Yes, my lord, be did.
Mr. Williams, l^y^ Sir, who are they
directed to?
X. C /• Mr. WUIiams, he is informed
against for writing, not for superscribing.
Mr. Williams. My lord, 1 ask that question
Ibr this reason, he is indicted for writug and
piddishii^, therefore I would know who they
are directed to. Did he say they were pub*
fished by him, or sent to any one r
BlathmaUe, He did not deny but that he
had published and sent them.
Mr. Williqms. Did he confess it P
'Blathwaite. He did not deny it
L, C* J. I suppose they on the other side
will gire an account where they were taken.
Mr. Herbert. Yes, my k>ra. Swear Mr.
Attarbury. fWhich was dolie.1
Mr. Keeofwr. Hark you, Mr. Atteibury^
do you know any thing of these Letten ?
air. Atterburv. If you please to let me see
Aem,Sir. ^
Mr. Recorder. Shew him them. [Which
was done, and he looked upon them, and gare
them in again.]
Mr. Herbert. Did you hear sir Samuel Bar-
nardiston own them to be his Letters?
Atterbury. My lord and you gentlemen of
the jury, I had a warrant from Mr. Secretary
Jenkyns, about two months or ten weeks ago,
to apprehend sir Samuel Bamardiston, and I
did according to order, by Tirtue of that war-
rant, apprehend him, and carry him before his
mi^csty. When he was there, those three
Letters 1 had just now in my hand, were then
shewn to sir Samuel Bamardiston. I marked
them, and know them to be the same ; sir
Samuel Barnardiston did own he wrote them
Letters all three.
L, C. J. Were the superscriptioiis upon them
all, as they are now ?
Atterbury. Yesy they were all as they are
BOW.
X. C. /. What say you, Mr. Blatliwatte ?
Blathwaite. Yes, they were just so, the same
•nperscriptions.
Atterhury. His majesty asked him, ^Who
aobscribed ttiem ?
X. (7. J. Superscribed them, thou
they are not subscribed. ^
Atterbury. Yes, my lord, superscribed tham^
and he looted on them again, and said, They
were superscribed by one of his ser?antS| and
so ordered to be earned to the post-house.
Recorder. Where is Neheraiah OslandP
Juryman. Mv lord, we would ask the wifi^
ness, Whether he did own tha,t he sent them to
the post-house.
JL C. J. He says, he ordered his 'man to
superscribe them, and so to carry them totha
post-house.
Mr. Williams. Look yon, Mr. Atterbury,
Did he say he directed any of his serranta
to carry them to the post-house, upon your
Atterhury. I am upon my oath, Sir, I say, *
that he did say, that they were superscribed
by some of his servants, he oonld not say which
or his servants it was, and then they were
sent to the post-house.
Mr. Williams. Pray, Sir, mind and answer
my question. Did he say, he directed any of fait
servants to carry them to the post-house?
X. C. J. Did he take any notice to you, or
did you understand by him, that they were
sent to the post-house by his oonaent ?
Atterbury. Yes, my hNrd, I did understand
him so.
X. C. /. Did he write these letters to keep
them in his pocket,do you think, Mr. Wu-
liams?
Mr. Williams. I do not know what he de»
siffned them for, my lord ; nor do I yet know
tin they are read, what is in them ; But I ask
him this question, did he say be sent Aem to
the post-house?
Atterbury. With your leave I remembar
oqe thin^ more, my lord ; whila he was in my
house, (tor there he was in custody two daya
or more) talking about these Letters, says ha,
I wonder how they were taken, they were
sent to sir Skippon, or some such name he
named.
Recorder. Swear NehemiahOaland. [Whiioh
was done.]
ISr. Herbert. Look upon those Letters, Sir.
Shew him them. [Which was done.1
X. C. J. Is this man's name O^ana ?
Recorder. Ye», Nehemiah Oskind, Do yoa
know any thing of those superscriptions ?
Osland. Two of those superscriptions I writ
by his order as his servant.
Recorder. Which are these two? fThen ha
gave them into the court/)
X. C. J. Can you teR whoae hand IsliM
odierpart?
Osland. I did not see it writ, but the hand
fa somewhat like sir Samuel Bamardiston*a
hand.
X. C.J. You believe it to be his hand?
Osland. Yes, I do. ^ '
Mr. Williams. Did you ever see the insida
of those Letters that you say you superscribed ?
Osland. No, I never saw the inside.
X. C. J. What directions had you abMt
them, alter you had supoBcribed thdm?
1345] STATE TRIALS. S6 Ch ablbs IT. 1 684^7Vk/ of Sir 5. AimarAifM, [1544
■0$hnd. I hid no directkm, bat to leave
diem where I used to leave ^ letters, aod that
was in a window th^t sir Samael Bamardiston
always left his letters in, and from thence
one of the boys used to carry them to the post-
house.
Mr, Williams, Sir, Did sir Samuel order you
to superscribe those three Letters, and send
them to the post-house ?
X. C. /. He said he superscribed them by
his commjmd, and left them in the place that
letters used to be laid that were to go to the
post-house.
Recorder. Pray, look upon those Letters
again.
L. C. J. Whose hand is the superBcription?
Is that sir Samuel's too f
OsUmd. I believe it sir Samuel's hand.
X. C. J. Shew that other Letter to Mr.
Blathwaite : What say you to it, Sir?
Blathwaite, Gentlemen of the jury : This is
another Letter that was seized and mought be-
fore the king and the lords of the council,
And this Letter was afterwards owned by Os-
land, to be writ by him by sir Samuel Bamardis-
ton'sorder.
X. C J. Did sir Samuel own this Letter to
be his hand- writing too f
Blathwaite. No, he did not, but Osland did
own it.
Recorder. My lord, We prove it otherwise
to be sir Samuel's Letter, because it is oot his
hand, but his man's. You, Osland, do you
know ivho writ that Letter ?
Osland. I writ it.
Recorder. By whose order P
Osland. I transcribed it out of a copy given
i^e by sir Samuel Bamardiston, as I was his
servant.
X. C. J. And did yon write the superscrip-
tion too P
Osland. Yes, I writ the superscription.
X. C. J. In order to what ? To go down in
the country too ?
Osland. In order to go where it was directed,
my lord.
X. C. J. Where was that ?
Osland. Into Suffolk, to sir PhQip Skippon.
X. C. /. This Letter was written at London,
was it not?
Osland. In Bishopsgate street, at sir Sa-
muel's house.
Mr. William. What is your name, Sir?
Osland. My name is Osland.
Mr. Williams. Your Christian name ?
Osland. Nehemiah.
Mr. Williams. Then, Nehemiah Osland, I ask
you this question upon your oath, when these
Letters were superscribed by you, did you lay
them in that window you^ speak of, or did you
give them back again to m Samuel ?
Osland, Sir, I am not so certain as to swear
to iheae particular Letters ; but his usual cus-
tom was, He would write a letter, and dien
give it me to copy : his closet-door was near
amother window, and there he would leave it.
If It wen but one letter, he would use to say.
Direct such a letter to such a person, or neb t
place, and when it was so directed* I was oni
to put my letters there, and thenoe one oT d«
boys came and fetched them to cany tbnn ts
the post-house. But sometimes be w<wU
send me down directly With it away to tbt
post-house, if he had not any other \amm
for me to do.
Mr. Williams. But, Sir, mind the qnatiiik
I ask you again: Did yon deliver these Lettoy,
or any of them, back again to sir Samosl Ber-
nard iston, or no?
Osland. I cannot tell for thcK particoltf
Letters. I tell you what the usual costom was
in the house.
Mr. WttHams. Pray when you had sspar-
scribed them, or sir Samuel, what becaae of
them Letters?
.Osland. They went to the poBt-hQase,asI
believe.
Mr. Williams. How long have yonserred
sir Samuel Bamardiston ?
Osland. Five months.
Mr. WUUams. Did you serve any body be-
fore P—Os/anii. No.
Recorder. Why, do you think hedotfaiMC
serve him well now, Mr. Williams?
Mr. Williams. I know very well whit I
think of it, Mr.' Recorder.
t,. C. J. Well, come read them.
Clerk reads. —This is directed to sir Philip
Skippon, knight, at Ipswich, and dated Nov.
29, 1683.
(Reads) « Sir, The return of"
Mr. WiUiams. That is not sir Samuel's 1^,
I thmk.
X. C. J. No, but writ by his order.
Osland. I transcribed it by bis special
order : For he came to me and gate me a
letter, says he. Go and make me a copy of tiui
letter.
Recorder. And you did transcribe it ex9i€Ay
as it was in the paper he ^ve you?
Osland. I examined it after I had writ it
myself, and read it over again.
X. C. /. What did you write it out of?
Osland. A copy he gave me.
X. C. J. Was that copy his hand- writing?
Osland. I did not see him write it| but I k-
lieve it to be his writioff.
X. C* J. Come read it.— Clerk reads.
* Sir ; The return of the duke of Monmooth
* to Whitehall, and his being received into ex-
* traordinary favour of his mi^esty, hath made
* a strange alteration of afiairs at court: for
< those that before spake of him very indesepdiTi
^ now court, cringe, and creep to him. His
* grace complained to the king of the scanda-
* lous misrepresentation that wa& made of bim
*■ in the Monday's Gazette, upon ^hich the
* Gazetteer was called to account for it, wIk}
< alled^ for himself. That a person of great
* quality tent him in writing the words therdii
* recited, commanding him to pot them io the
* Gazette.
* Yesterday being the last day of the tens,
' aU the prisoners that were in the Tower upon
1345] STATE TRIALS/ 36 ChaelbsIL \6iB4u'^fffr a Misdmemwr. [1346
the late sham Protestant Plot, w«redisc)iaigied
upon bail. Mr. Braddon, who prosecuted the
murder of the earl of Essex, the informatioQ
out ID agamst him ia the Kinff's-beach, by
Mr. Attorney, (for a preteDdecT subornatioD,)
9cc, was not prosecuted, and his bail was dis-
charged. And the passing sentence upon
the author of Julian the Apostate, and the
printer of the late lord RusselPs Speech, was
paised oyer in silence. Great apphcations are
•made to his majesty for the pardoning' Mr.
Sidney, in the Tower, which is belieyed will
be attained, and that he will be banished.
* The lord Howard appears despicable In the
eyes of all men ; he is under guard at White-
hall, and believed he will be sent to the Tower,
for that the duke of Monmouth will accuse
him concerning the testimony he hath given,
&c.
' The Papists and hi^ Tories are quite down
in the mouth, their pnde is abated, themselves
and their plot confounded, but their malice is
not assuaged. It is generally said the eul of
Essex was murdered. The brave lord Ros-
sell is afresh lamented. The Plot is lost here,
ezciept you in the country can find it out
amon^ the addressers ami abhorrers.
* This sudden turn is an amazement to all
men, and must produce some strange events,
which a little time will shew,'
Recorder. Now go on to the next. The
second Letter.
Cierk reads— Tills is directed, * To sir
Philip Skippon, knight, at Ipswi^, Sufiblk.'
L. C. J, That is one of his own writing.
Recorder, Yes, mv lord.
Clerk, It is dated ^London the first of De-
cember, 1683.
' Dear Sir ; I am to answer yours of the 87th
and 29th past, and truly 1 cannot but with
ffreat sorrow lament the loss of our good
trieiid, honest Mr. John 'Wriffht, but with
patience we must submit to tlie Almighty,
who can as well raise up instruments to do
bis work, as change hearts, of which we have
so ffreat an instance in the business of the duke
of Sibnmoutb, that no age or history can pa-
rallel. I am now thoroughly satisfied, tnat
what was printed in the Monday's Gazette is
utterly false, and you will see it publicly de-
dared so shortly. The kiuf is never pleased
but when he is with him, nath commanded
all the privy council to ivait upon him, and
happy is he that hath most of his favour. His
pardon was sealed and delivered to bun last
Wednesday. It is said, he will be restored to
be master of the horse, and be called into the
council table, and to all his other places, and
it is reported he will be made captain general
of all the forces, and lord high- admiral, &c.
H« treats all his old friends, that jdaiiy visit
him, with great civilities, they are all satisfied
with his integrity, and if God spares his Ui'e,
doubt not but he will be an instrument of
much good to the king and kingdom. He
said piwlidy. That he knew my k>nl Russell
was as loyal a subject as any in England, and
\ou IX.
* that his majesty believed the same now. I
< intend shortly to wait on him myself. It
< would make you laugh to see how strangely
* our high Tories and clergy are mortified, their
* countenance speak it. nere ray.Shesorery
' to be moved for now, it would be readily
* granted. Sir George is grown very humble.
' It is said Mr. Sidney is reprieved for forty
*' days, which bodes wdU. — Mr. Redder sat witia
' me some time this evening.' '
L. Cp J. There is no more in the record.
Recorder. No, my lord. Then so on to tha
third.
Clerk. This is directed '< For Mr. Edward
Gael, linen-draper, at Ipswich."
Mr. Williams. Is it likely he should writ*
these Letters to a draper?
L. C. J. It is, it seems, the ordinary riflT-raff
he writes. He thinks it not below bim to keep
a correspondence with all the scoundrels of hit
par^ in the country.
necorder. Ay, all sorts of trades he is a^
quaintedwith.
Clerk. It is dated the 1st of December, 1683.
Reads. Mr. Gael, ' Thi(i evening Mr. Ked-
' der came and sat with me—'
X. C. /. Will you have it all read?
Mr.^ Williams, No, my lord, we do not de-
sire it.'
L. Co T. Then read what is in the reootd.
Recorder. Look where the passive begins,
< The late Change ''
Clerk. Where is it. Sir? It u not marked.
X. C. J. If you cannot find it out, then reai
the whole.
Clerk reads— ^ Mr. Gael, This evening Mr.
Kedder came and sat with me,when acquainted
him what you and others writ me in refereooe
to himself, as also of the death of Mr. Wrigfaty
which he was sorry for. He protested, if ha
could persuade his wife, he would accept of
Ipswich choice, notwithstanding all the dis«
ooura^ement he had met. with . One more ha
acquainted me with, that had seen a letter
from Mr. Cutliffe to Dc Clcgat, extremely
discouraging him from cbmrog to Ipswich^
where if he did come, said, would find him-
self mistaken, for that would never eigo^
quietness or peace, notwithstandinjg hisbaU
samick temper, &c. as he called it. These
things frights Mr. K-edder, who I am now
perauading so soon as he is up again, to ga
down for a month or two, and then if he doUi
not like the place and people, may return
hither again. This 1 resolve to press hard (Ui
Monday, when have promised to dine with
me, as also Mr. Hodges. Be confident I
shall think nothing , too much to effect thia
business, though one or other still pulls down
as fiist as I build up.-*— Here is now a door
of encoura^meot opened for sober men to
come into public employment You will
undo the town of Ipswich il^ you bring not
sober men into play : For God's sake consider
of it. Penuaile >lr. Snilling, or some aober
men, to come in their two Fofts-mena piaoeat
void for other matters, refer yoi^ to nr P«
4K
1347] STATE TRIALS, Z6CnAVLLtstt.l6U.^TrialofSir S. BamMriMmy [1S4S
* Thefote change here in paUie afihirsj'is ao
* great -HQd Strang^.' •
L. C. J. There begins the passage in die re>
conJ.
Clerk reads — — « The late change here in
^ * public affairs is so great and strange, that we
*• are like men in a dream, can bardty believe
* what Me see, and fear we are not fit for so
'* great a mercy as the present juncture seems
< to promise. The earl of Mackensfield* is
' bringing actions of Scandalis Mao^natum
'* agfainst all the grand jurymen that mdicted
* him at last assizes. And the several gentle-
* men tl^it were indicted in Cheshire and Nor-
< tliamptonshire, will bring their several ac-
' ^' tions at law against them. Acquaint Mr. Snil-
» liijg'
X. C. /. There is all that is in the record.
Recorder, Theie are bnt two lines more.
Clerk reads — • Acquaint Mr. Snilling we re-
* ceived the two barrels of oysters, and two
-'^Botiple ot' ducks, and desire mm to take mo-
' ney of Buckle for them. I rest, yonrs.'
Recorder. Now go on to the next.
Cierk. This is the fourth Letter: it is di-
rected to Mr. Willtara Cavell, at Brightwell,
near Ipswich, in Suffolk, and dated London the
^th of December, 1683. Shall I read it all ?
, X. C J. No, no : If you can find that part
that is in tlie record, * contrary to most men's
^ expectations,' there it begins.
Clerk reads. — * Contrary to most men's ex-
* nectations, a warrant is signed at last for be-
'< heading colonel Sidney, at Tower-bill, next
* Friday. Great endeavours have been used to
* obtain his pardon, biitthe contrary party have
*• carried it, which much dashetb our nopes,
' but God still governs. Acquaint Buckle '
L,C.J. There isall.
Clerk, Here is but a line more (reads) < Ac<
< auaint BueUe, here is no news of Crailon
-^ Hoy, notwithstanding die wind is fair, it is
' his practice always to loiter by the way. I
* rest, your loving friend*'
Mr. Williams, Pray let me see diat Letter.
Recorder, We have done^ my lord, we leave
it here. •
' £. C. J. Well, What say you to it lljat are
for thedefetidant?
Mr. Williams. May it please your lordship,
«nd you gentlemen of the jury, J am of coun-
sel here for the defendant, sir Samuel Bamar-
diston, and the question now before you is,
Whether this gentleman be kuowinigly guilty
ef the writing and publishing these four Letters,
that bare been read here to you, and which of
them he is guilty of writing, and which not ?
• See the Case of the earl of Macclesfield v.
ttarkey, in this same year. In 3 Mod. 41, it
Appears that the earl (then called eari of
Macklefield,) had brought an action upon the
statute, De Scand. Magn. against sir Tliomas
Grosvenor, for saying, when fbreman of the
grand jury in Cheshire, that the earl was a
tedious man, [qu. seditious] and promoter of
ladiotis addresses.
I do not see that bis name is ppt to aov «f
them ; nay, the Letters are not subscribed bj
any body, and that, gentlemen, ymintavae
by looking upon the Letters For the eridenoe
that hath been ^ven, I beseech your lordsbip
to observe what it is. As to his publisbiog «f
them, I see no evidence at all to prove him asv
way concerned in that: Some of them, indeed,
are his own hand- writing, and proved to be
his Letters, by bis own confession before tbe
king and council ; that Mr. Blathwaite slid
Mr. Atterbury the messenger swear direcdv,
that Sir Samuel Bamardiston did own the
Letter8,but for the fourth they say he diddiiowo
that to be bis Letter, and it is not so moeii ts
his hand ; but wliat proof is it they hkn
brought to apply this to him ? You see what
a sort of, proof is made: They produce ym
here a youn^ man that was, as it happened, bif
servant at this time, and lived in his family witb
him in the nature of a secretary, it seems ; sad
how fit lie was to be entertained in that qnafitj^,
you, I question not, observe. He savs, be M
copy this letter by the direction of lus master.
It is well if he md not keep a copy himself bj
him of such a Letter as this, for a particular ok,
as some honest senants have done beforie
now, that have designed somewhat of ad-
vantage to themselves: But that is bis eri-
dence about this fourth Letter. Tbat tfaea,
gentlemen, which we would offer on briialf of
the defendant, is this, Whether there be aay
evidence of tlie publishing of these Letters bj
sir Samuel Barnardiston, either of all, or asj,
and which of them ? All the proof that I hesr,
comes frpm Atterbury, and tne derk of the
coundl, Mr. Blathwaite, which is but this :
Atterbury says, That sur Samuel shonld ttf,
They were sent to the post-honse ; and Hr.
Blathwaite says, he did not deny the puUisb-
ing of them, but he does not say, he confeffed
it. As to the sending to the post-house, if it
be true, I shall leave it to ycnur lordship, fasw
far that, my lord, can be a mibtisbing[ of a
libel ; whether that be a publishing wilbin dis
information, or no ? A gentlemen i^tesakt-
ter to a private friend, and sends it to the ust-
house ; whether that be a publishing of a uwl,
T leave it to you ? For the fi>uilh Letter, diii
same trusty secretary cannot tell yon, wbedicr
he delivered it back a^in to sir Samuel, or no;
or whether he put it in the window ; or wbe*
ther he delivered it in at the post-house, ootv,
as he believes, he laid it in the window as uc
used to do other letters. But whatever be
believes must not pass for evidence, especblij
in matters of this nature, it being a great crine,
as the information has set it form. If dies
there is no proof (as with snbmission I fasp*
there is not) of the publication of these Leittnt
I suppose, gentlemen, you will not take it upon
VouroatlM, that he is gnfity of wbat keis
nere accused of without evidence. This inftr-
mation, gentlemen, doth mention sercral
things, which do very^ much aggravate tin
matter, if they were proved. Many dinp
are laid in it to Induce the infiirnadoo. aid
1549] STATE TRIALS, 36 Chaelbs 11. l664.-/ar a
[13dCr
whicfa may much enhance tbe crimen bot of
whieh 1 see uomannerofproof at all. Many
tUngs are mentionad as faota leading^ to die
mam facts, whieh is the great oAence; but
tkeae not being fMroved upon bim, I desire he
maj ^ acquitleil of tbat part.
. ' i. €1. J. What do you mean, Mr. Wil-
liams?— ^Mr. Williemt, Of all your preamble.
X. C. J. What preamble do you mean ?
Air- Wiliiams. Tbat he beitig a person of a
tdrbulent and anquirt spirit
X. C J. Why, Mr. VVilhams : would yon
have the jni^ find that he is not so?
Mr. William^. My lord, there is no proof of
it: or that be did doit with a design se<litiously
to disturb the peace, tbat he did it with a sedi-
tious intent
Is. C. J. You woubl have the jury fnid, I
warrant, that he did it piously^ and with a good
intmt.
Mr. WiiUttms, My lord,' there is a middle
V
L. C. jr. No, no, Mr. Williams, let us have
nnne of that doctrine, we must have a care of
diat, and your middle ways. For certainly
the law supplies tbe proot, if the thing itself I
speaks malice and sedition. As it is in nmrder, .
we say always in tbe Indictment, He did ii by -
tbe instigation of the devil : Can tbe jury, if
the]f find the fiusfc, find he did it not by such
instq^atioo ? No, that does necessarily attend
the ver^ nature of such iln action, or thing.
So, in informations for offences of this nature,
we say. He did it falsely, maliciously, and
seditiously, which are tbe formal words ; but,
if the nature of the thing be sucb as necesoa- ,
rily imports malic^ reproach, and scandal to
the government, there needs no proof but of
the met done, the law supplies the rest If the
iact were indifferent in itself^ then to make a
crime of it, the accidental circnmstanoes mtist
be proved, but it needs not where the thing
implies malice in its own nature. You would
hare the jury find he had no ill design in it ; he
did it with a good intent, I warrant you.
Mr. Wiliiams. All I would ad(, my lord, is
butthis— — ^
X. C. J. Do you think he did it to serve the
crown ? If the jury will take it upon their oatbs,
tbat sir Sam uel Bamardiston wrote these Letters
to serve the crown, you say somethuig. Pray
aric them tiiat question. Try if you can make
them believe that, Mr. WiUtams.
Mr. Wmiams. There is no evidence given
about this malice. ^
' L.C.J. Yes, the very thing is evidence of
ilael£
Mr. WilUanu, Pray, my lord, let the fiuA
lie upon its own weight : There is no proof
given of any of these aggravating things.
X. C. J. Ilow shall any man prove another
Bian*s malice, which is a tbinfl! that lies onfy
in a man Si mind ? How should any man know
that I am malicious against the governmenty
hot by my actiQns.
Mr. WiUiams. I lay it before your lordship
•ad the jury ^
X. C. /. No proof can be expected, but what
the nature of every things will bear.
Mr. Williams. Then i pray this, my lord,
that I may be at liberty next term, if we be*
convicted, lo urge this, and observe in mitijjTii-
tion of tbe punishment, that there was nothing
of these thmgs provj^.
X. C. /. Urge what you can in its proper
time, but offer nothing here but what is fit to
be offered.
Mr. Wiiliami, Here are mentioned in this
Information, (though it be by way of induee*:
ment, yet they must be proved) things tliat are
matters of record, but tney have proved nona
of them.
X. C. /. Have yon any of those records
here, the convictions of my lord Russell and>
colonel Sidney P
Recorder. Those things are so well known,
I suppose they will not contest ihem,
Mr. Williams, Sit, I must lay hold on all
advantages for my client. You bate made
them part of your case, pray prove them.
Recorder, Truly^ my lord, we did net think
they would have made that any question, and
we have them not here. They know it well
enough to be true.
L.C,J. If you have them not here, go
and find them ; if they insist iipon it, you
B\u8t prove them. I will stay tiU you fetch
tbem.
Mr. Williams, My lord, we would not hinder
your lordship's busincoo ■
X. C. J. No, no, it will be no hindrance, I
will do something else in the mean time. This
is a cause of public exam[>le and consequence^
and 1 will give it all tbe fair hearing I can.
Mr. Williams. My lord, if you please, there
is, 1 suppose, no such, baste of trj'ing thi$
cause now, to hinder business, and keep you.
here lon^r than needs. This cause may as
well he tncxl tbe beginning of next term.
X. C. J. No, no, I will make an end of it
now, if I stay never so long for it ; indeed the
defendant says, * I am down in the mouth :'
It is true, I have got a little hoarseness, but I
thank God my heart is not down, nor I hope
never will be to serve the government
Mr. WilUams. If they will, they shaU find
the Uetters without the records^
Mr. Jones, No, no, we mus^ have tbe re*
cords, though it is true it is but matter of form,
yet we must prove our whole case.
X. C. X W^l, I will stay till they are fetch-
ed. Let the jury stand by, aiid I will go on
and try another cause, and in the mean time
fetch tnese records. Do not make two jour-
nies, but bring all that are mentioned in the
record.
Then the Jury were set by, and the court
went on In some other causes, and about an
hour and an half after the Records were
brought, and this causewas resumed, and pro-
ceed^ thus.
eaea uras.
X. C. X Well, oome» have yoa
coidsnuw?
thoae rt»
1351] STATE^TRULS, 36 Cuarlbs It. 1684.— TKtf/^/Str 5. Borncrifii^oii, [tm
Recorder. Yes, iwear Mr. Tindal. [Which
was Hone.] Is that a true copy ?
l^ndal. Yes, it is a true copy of the indict-
ment, conyiction, and attainder of my lord Rus*>
sell, I examined it with Mr. Tanner.
X. C. J. Well, put it in. [And then a word
of it was read bv the clerk.]
Recorder. And here is the record itself of
the attainder of colonel Sidney. [Which was
tome part of^t read also.]
L, C. J. What say you now to it, g^entle-
nen, for the defendant?
Mr. Tkoa^MOn, My lord, I have nothing
more to say than has heen said.
L. C< /. All this was well enough known.
Mr. Jone». Ay, but they would gi?e the
court all the trouble they could by making
them send for that which they could not deny.
L. C. J. Gentlemen of the jury. Here is an
information exhibited against sii* Samuel Bar-
nardiston, and the intbrmation sets forth this
matter. It doth take notice- of a horrid con-
spiracy, a daraiiaSle conspiracy, lately hatched
and set on foot fot* the destruction of^the king,
and for the subversiott of the government ; that
there Were divers persons who were indicted,
and stood cooTicteo, and were afterwards exe-
cuted for this horrid conspiracy. Among the
rest, there is notice taken of my lord Russell
for one, and colonel Sidney (he went by that
* name, Algernon Sidney 1 mean) for another,
to be two of those conspirators that were en-
gaged in that damnable conspiracy for the de-
struction of the ki^g, and subversion of the go-
vernment.
. Now, Gentlemen, That these persons ac-
cording to the inducement of this uiformation,
were so indicted, so attainted and exiecuted (as
far forth as is cited in the information) is proved
to you by the two records, which the counsel
OA the other side insisted to have shewn, and
which have been now produced. Tbe^ one is
sworn to be a true copy of the conviction and
attainder of my lord Russell, and the other
which they produced, was the record itself of
the conviction and a^ainder of Sidney. So
that, as to that part it is plain, they were con-
victed and attainted, both the one and the other,
a9 actors in that hellish plot
The next thing, GentCemen, and which was
flo much insistedupofi by the defendant'acoon-
sel, is this : The information takes notice, diat
the defendant sir Samuel Bamardislon, being a
roan of a factious, seditious, disaffected temper
towards the government, a man of ill princi-
ples, in order to disturb, disquiet, and discom-
pose the goyemment, he did cause several Let-
ters, four in number, to be writ and puUisbed,
which Letters have bec» read onto you.
It hath been objected. That in as much as
ihe words falsely, seditiously, maliciously,
factiously, and the like words are in the infer*
mation, they would have you believe, that
there being no evidence of any such thing, as
faction, malice, and sedition, or that the man did
it malidoosly, and advisedly, and seditiously,
(whkh are tlie words in thepr«sniifs,as Imay
call them, or the preamble of the ioAimaliMi)
therefore they must be acquitted of that ftrt
Now as to that, I told them then, and lell vta
now, gentlemen, that no man livin|[ can »
cover the malicious evil designs and mtentisiif
of any other man, so as to giveevideafscf
them, but by their words and actions. No ma
can prove what I intend, but by my words and
actions. Therefore if one doth compass isd
imagine the death of the king, that by oar bnr
is hieh treason ; but whether or no he be ^vBtj
of this treason, so as to be convicted of it by
another, is not proveable, or discoverable, rat
by some words or actions, whereby the imM^i-
nation may be manifested. And therefore my
imagining, my compassing, whiich is printe
in my own mind, must be submitted tothejttd|f-
ment that reason and the law passeth upna ny
words or actions, and then the action itselfbemf
proved, that discovers with what mind the thing
was done ; as in the case I put before to tw
counsel. Suppose any man without profo-
cation kill another, the vrords of the indictment
are, that he did it maliciously, fetonmnsly, not
having the fear of God berore his eyes, bet
being moved and seduced by the instigstieo cf
the devil. Now all these things, whether be
had the fear of God before his eyes or not ; er
whether he were moved by the instigation of
the devil, and of his malice forethought, cr
no ; these cannot be known, till they cooKto
be jprored by the action that is done.
So that in case any person doth write libel^
or publish any expressions which in themaehnes
carry sedition and faction, and ill-will tawndi
the government ; I cannot tdl well how ts
express it otherwise in his accosatioo, than by
such words, that he did it seditiously, 6^
tiously, and maliciously. And the proof of the
thing itself proves the ewi\ naind it was dona
with. If then, gentlemen, you believe the de-
fendant, sir Samiiel Barnard istoo, did write
and publish these Letters, that is proof eneogh
of the words, maliciously, seditiously, aao
factiously, laid in the information.
The Letters are factious, seditions, and mai-
cious letters, and as base as the worst of mas-
kind (thougli he had had aU the provocstjos
that ever coukl be given a roan to libel another)
could ever have invented.
And let sir Samuel Bamardislon put it oodff
the countenance, or under the umbrag|i^ er
under the enamel of his zeal for the troe Bro-
testant Religion, if he will ; or if be have a
mind to it, to gwe himself any fine name, iiy
calling himsdf one of the sober f»^>^
godly party, or the upright party; lethimg"
himself, and paint himself as he pleasdiiP
the inside is rotten, and it is fictions andrndi-
tious at tlie bottom to all intents and porpoM
whatsoever. And if he be guilty of 'i^^J^
gentlemen are to try and con«der ; the greatff
le man is, the greater the crime; awl tta
more understanding he has, the more mw^i'
heseemstobe: for your little ordiaary^ert*
people, that are of common mean uwSIib^
mg, they may be wheedled aaddi^vviBt^
lS5dJ STATE miALS, d6 Charlcb II. iSM^or a MMemedMr. [1554
■arpviMdiifto wuahtliiagi; but men of a public
figure, and of tome valoe in the world, that
bava been takeoto be men of the jpreotest in-
tflmt and reputation in a partj^ it ^cannot be
thought a audden lurprize upon them ; no, it
18 airorkof timeand thougnt, it is a thio^
fixed in his very nature, and it shews so mmm
venom, as would make one think the whole
mass of his blood were corrupted. I had
thought the Act of Oblivion might have put
sir Samuel Bamanlisfcon in mind, that it was
not fit any more to go down to Whitehall, to
make uproars, aud tumults, and hubbubs.
But here is the matter that^e now is accused
of, and here is in it, malice against the king,
malice against the government, malice against
(rath church and state, malice against any man
that bears any share in the government, udeed
malice against all mankind that are not of the
same persuasion with those bloody miscreants,
(1 cannot give them a milder name) I mean
the conspirators in the late damnable conspi-
racy, some of whom, have been attainted and
executed fixe it. Here is the sanctifying of trai-
tors, that were justly sentenced to execution
aix;ording to the taw of the land, and at the
same time there is joined with it, tl\e most in-
veterate insinuation against the governroent
that can be, as thouj^ the king was prevailed
with, upon a Sham Protestant Pk>t, to ao things
in order to destroy government itself, and every
one of the * Sober Party,' as they call them-
aelyes. For these persons could not have suf-
fered, bat as condemned according to the rules
of law, but these Letters carrjf an insinuation
as if thew were cut oif by a sham trick and de-
mga. For after the good news of the reprieve
of Sidney was contradicted, the warrant for
bis 'execution is t^en notice of, and you see
the manner of expression that is used, ' their
* party has prevailed,' as though the putting
the laws in execution, and hanging of traitors,
were such a thing that the party most be set up
to prevail to do it, and mankind must be di-
vided into parties, their party akid our party,
and the contrary party, they have prevailed 1 ;
and truly now our party, the * Sober Party' as
he Calls it, are in a very sad condition.
Tb4n here is, as I said, the sainting of two
horrid* conspirators, here is the lord Hiissell
sainted, that blessed martyr, my lord Russell,
that good man, tliat excdlent Protestant, he
is lamented, and what an extraordinary man
he was, who was fairly tried, and justly con-
victad and attainted, for having a hand in this
horrid conspiracy against the life of the king,
and his dearest brother his royal highness, and
for tile subveision of the government. And
here is Mr. Sidney sainted, what an extraor
dinary man he was 1 Yes, surely, he was a
very good man, becaiu» you maj some of you
remember, or have read the history of thuoe
times, and know what share Mr. Sidney (lad in
that black and horrid villainy, that cursed
treason and murder, the murder, I mean of
king Charles 1, of blessed memory, a sbame
to rdigion itscUv ^ perpetual reproach to the
8
island we live in, to think that a prince should
be brought bv pretended methods of law and
justice to such an end at his own- palace. , And
it is a shame to think, that such bloody mis*
creants should be sainted and lamented, who
had any hand in that, horrid murder uad trea-
son, and who to their dying minutes, when
they were upon the brink of eternity, and just
stepping into another world, could confidently
bless God for their bebg engaged in that eood
cause, (as they call it) which was the rebellion
which brought that blessed martyr to faia
death. It is hi^h time for aU mankind, that
YMve anv Chrisuanity, or sense of Heaven or
hell, to bestir themselves, to rid the nation ^
such caterpillars, such monsters of villainy sis
these are.
Nay, In these very Letters {is contained the
very laiuzuage of that curs^ murderer and
traitor Walcot himself, * That God Almighty
* in his own time' would raise up instruments.''^
I know, gentlemen, you have heard and read
what that bloody traitor said to that effect ; and
you hear what expressions like it are in these
Letters, ' I am sorry for the death of our friend,
' honest Mr. John Wright, but God can easily
* raise up instruments to do his own work ;'
the very language of Walcot. And I would
have you take notice of it, Mr. Blackerby, for I
would have you take fi^aming by these things.
[Speaking to a gentleman that was takmg
notes.]
Mr. Blackerhf. My lord, I have neither said
nor done any thing that should give you occa-
sion to speak thus to me.
L. C. J. These Letters tell you, * God will
*' be sure to raise up instruments,' but what in-
struments do they mean ? Instruments of re-
bellion, and faction, and sedition, which they
most falsely call, < his own work.' For it is
that monstrous sin rebellion, that they mean by-
it, instruments of treason, under pretence of
fighting for God Almighty they would fain be
fighting against the government. It was the
language of the former times, wherewith they
destroyed the best of kings, and subverted the
best, or governments for a time, and were very
near having totally destroyed three kingdoms, .
under pretence of doing God good service.
And when once a people pursue such -prind*
pies, and, under the pretence of religion, en*
deavour to destroy monarchy and government
itself, it is high time for all honest men to look
about them.
Nay, and you may observe. Gentlemen,
another thing m these Letters, it is not only the
destruction of the civil government, the fang^
and those that are in authority near him, that
are aimed at^ but all persons that oome with
humble representations of their loyalty to him»
all that address themselves to the king to shew
their duty and their dislike to that damnable
design and conspiracy against him. ' For now*
(says sir feiiamuel Barnardiston) *• all the Sham
* Plot is quite blown off, and we cannot find
* See p. 67S, of this Volume^
1515] STATE TRIALS^ 36Charlbs II. leM^TVialofSrS. Bmuiritf/M, [I9S6
* any here, H is lost, except yea can find it
^ among tlie Addi'essei's and Abhorrera ip the
* country, or.amonff a parcel of clergymen.'
80 that all mankind, that ever thought them-
selves obli^^ed to congratulate that blessed and
Ihappy detiveranoe, either to own our thankful-
ness to God for it, to whom we owe more than
we are able to pay for his jjfreat mercy to us
therein, or to express onr joy to the kinf , in
bumble addresses, congratulating his denyer-
ance from the horrid conspiracy bte designed
agamst him, his brother and the goremment ;
these gentlemen, because they are loyal sub-
jects, and derire to shew themselves so, must
be branded with the names of * Abhorrers,
* Tories, Addressers, Sham-Plotters,' and all
the ignominy they can lay upon them. This
shews it was not only aimed at the civil ma-
gistracy, but at all that dare be honest and
oppose faction and rebellion.
As for any thing that he has said of me, sir
Samuel Bamardiston shall write and speak of
me as long as he pleases. But though he
says, * I am down in the mouth ;* it is true, I
have a little lost my tongue by ray ooM, yet I
hope I shall never lose my heart nor spirit to
serve the ^vernment, nor forbear to use my
utmost diligence to see that such offenders as
these persons, that entertain principles so de-
structive to the government, be brought to
oondign punishment And be they who they
will, were they my own brothers, I should be
of the same nnnd, and so in that mind I hope
in God I shall live and die.
Gentlemen, the question before you is. Whe-
ther the Defendant be guilty of writing these
nalicious, seditious Letters ; for that they are
malicious and factious, no honest man can
doubt in the least ; and I do not find that the
defendant do offer to say any thing in defence
of the Letters, or can say, but that they are as
venomous, malicious, seditious, factious, tu-
multuous Letters,* as can be written, and I
must tell jou, tread very near upon the bor-
ders of high-treason itself. I am sure I may
venture to call it cozen-german to high-
treason.
Now that he did write and publish them,
yon have 'this proof befbre you : Mr. Blath-
waite tells you, that sir Samuel did own three
of them, acknowledge them to be his own
^M^ting, before his sacred m^<esty in council.
Atterbury the messenger says, he was by too,
when he did before the king acknowledge die
writing ojP those three Letters. As to the su-
perscnption to one of those three Letters, you
have the testimony of Osland, the young man
that lived with sir Samuel Bamardiston, he
swears he writ it by his direction, being his
•«f^nt. And as to the fourth Letter, this
young man does dhrectly swear, that the on-
fi*M he copied it by, (for it is his writmg)
e had from sir Samuel Bamardiston, and it
was of sir Samuel's own writing, (which he
*,®?® ^^ this Collection, Remarks on the
Itialof John Peter Zenger, a. d. 1T35.
knows well, being aoqoMted witb'UskiBd)
and that sir Samuel expressly directsd hisi ts
cojTjr it out, which he did by his eonunaod, uA
this is the same Letter ; and so though it is ast
under his hand, yet it is under bis man's, sad
written by bis direction. And he says, be does
believe the othor three to be his faand-wriliB^
So as to the dictating and writmg of ftcse
Letters, you have as full and as plain apioof ai
can be made.
And as to his publishing of them, which u
another part of the infoiiaation, and of whidi
Mr. Williams said there was do proof, I
would say but this to you. Is it not very pre-
posterous, absurd, and senseless, to dunk tfasi
ever it should enter into any man's imagioi-
tion, that sir Samuel Baraardiston woold take-
such a wonderful deal of pains and care Is
write these Letters to sir Philip Skippon, and ts
the other two men, to tell them 01 his eadet-
vours to take off Mr. KeddePs scruples, and
persuade him to go down to Ipswich, and ts
desire them to take care of the Sober Pftrty , mi
endeavour to get Sober Men into pU^,'aiidall
will do well, and that Uie duk« of Moambutk
had denied all the Plot, and so p^en the lit
to the king and the courts of justice,' and dew
there was a door opened for Sober Men to eomc
in, and Crod would raise up instruments, aad
the Sober Party wilt up agun ? Do you tbnk,
1 say, he would write all mis fustian stuff, (for
I can call it no better than stuff, though it be
very malicious stuff) and carry to his maa ts
copy out, and superscribe them and seal tbeis,
only to pot th^ in his pocket ?^ If yon eaa
bdieve this, upon my word you 'have a faidi
able to remove great mountains^ hut I assure
you my faith cannot get to that slrei^gtfa.
But for further proof of the puUishinff, yso
hear what the young man that was the de-
fendant's servant says. He teQs you, the nsod
way of dealing with sir Samuers letteis wtf
this^ There was a window near air Samuel^
closet, and when the letters were sealed sp,
they were used to be put there, in ofder that
the boy, according to the usual course, migbt
c^rry them to the post-house. Andheditli
believe these Le^is (though he cannot parti-
cularly and positively spmk to Uiem) were ss
used.
Besides all this, yon have it hy Atteiiiny
positively sworn, that about the same tine thai
sir Samuel Bamardiston did adchowlei^ be-
foK the king, that be writ those Letters, hea^
in his custody, he did say they were seal te
the post-house, and he wondered bow they
came by them. That proves it was dope I7
bis privity. Aad beyond all there is this cir-
cumstance, that the thing speaks itself, tbey
are directed to men at Ipswich, where sir Sa-
muel Bamardiston is known to have a corre-
spondence ; they take notice of the receipt sf
lettersLfrom thence, and of the deadi of Mr.
Wright, mentioned in those letters, wbidi
shews them to he-answers to letters reoeiTed;
and must not these think you be seDt,-bdt kqA
still in his pocket? Tb^ere is notke also ^"^^
t
I
1557] STATE T&f ALS, 56 Chablbs U. l6S4,«-/or a Misdmeanifr. [1559
ia them, of their country aiSairs : Though they
teemed to have met with some diBappointmeDt
ia such a business al^out Mr. Kedder,'yet they
were resolved to go oo, aod desires them to
communicate this business of Mr. Kedder
and Dr. Cleggit, to such and such of our
friends, and desire them to bestir themselves,
and get in sober men, such as Mr. Kedder,
among them. For it is mightily for our ad-
vantase, that dieresbould be sober men brought
into play at Ipswich, and pra^ji: be sure to keep
the sober party up. These things in tlieir own
nature speak, that these letters were intended
and written, in order to preserve a con*espon-
dence between those of the sober party in Ips-
wich, and their friends here, and tneretbre you
may easily conclude what was to be done with
them.
So that, Gentlemen, this information surely,
(if ever any was) is fully proved, as it is laid m
an the parts of it.
1 would not have given you so much trouble
at this time, in an aftair of this nature, that has
been so evidently proved, because your ques-
tion that you are to try, is only^ whether the
defendant ]je guilty of this offence, or not
^ilty ? (Yon are not 4)0 inflict the penalty, that
IS the province of tha court above ;) but only,
because 1 see it is a matter of a great expecta-'
tion and consequence. Lwould not we uiouki
be gulled twice in one age, by the self-same
men, and the self-same way, into the samu
treason and rebellion, tod all those other mis-'
chiefs, that dreadful chaos and state of collu-
sion, misery and destruction, that we were
brought into in the late times. And that had
made me take so much notice now in this place
of the tendency of things of this nature, that
we may beam to beware of, and know these
men that carry sheep's clothing, pretend zeal
and religion, but their insides are wolves. They
are traitors in their minds, whatsoever they are
in their outward pretences.
Thai the Jury laid their heads together in
the place where they stood, and bemg pre-
sently after a^preed upon their verdict, the rare*
man gave it in : * Thai the defendant sir Sa«
* moel Bamardiston was Guilty of the offence
* and misdemeanor, charged on him by the
* information.' >Vhich wrdict was recorded
by the clerk.
Proceedings upon a Motion in Arrest of Judgment in the Case of
the King against Sir Samuel Barnardiston, bart Now:
ifirst printed from the MS. of Sir William Williams, commu*
nicated for this Work (a. d. 1811) by his Descendant^ Mr:
Charles Watkin Williams Wynn.
Mr. WiUiftms, My name is well printed, my
lord, but is not so well writ.
£. C. J. I do not think so, I assure you ; I
beg your pardon for that.
Just. Wiihins, It is but fair, that Mr. At-
Die Sabbati, 19 Apfilit, 1684.
Term' Pas. 36 Car. 2. iu B. R.
B'rus Rex venut Barmardiston bart.
Att Gen. (Sir Robert Sawyer.) My lord, I
have one jvoru to move before these gentlemen
hmn their arguments.
X. C. J. (Sir Geoige Jefferiei.) What is that
Mr. Attorney ?
Att Gen. They gave me notice last night
that they would come here this day, and move
in arrest of Judgment. I desire I may have a
Bote of their £xoeptions, and I will be ready
any day you will appoint
L. C. jr. In what case is that, Sir ?
An. Gen. In the case of sir Samuel Bar-
nardiston, niy lord.
X. C» J. That is but reasonable. Who is of
counsel for sir Samuel Bamardiston f
Mr. WiUidtnt, I am of counsel for sir Sa-
muel Barnardiston ; but I cannot write down
my Exceptions, I will muske them at the bar.
L. C. J. Why, Mr. Williams f why cannot
yoti write them down ?
Mr. WilHams. 1 write a very ill hand, my
lord ; I cannot write them.
^ X. C. J, 1 have seen your name in yery le-
gible charactera, Mr. Williams *.
* This probably was said in allusion to the
Order wbieb was 4ngnMl by Mr. Williams as
tomey asks; and then we will appoint a day
for it.
Att. Gen. Ay, my lord, let them take their
own day in any reasonable time.
Mr. Williams. I beg your pardon, Mr. At-
torney ; I cannot do it
X. C. J. Then if you be so stiff, vfc will
hear them presently ; and let the Arguments
stay till this cause be done.
Just Withins, Is sir Samuel Bamardiston
there ?
X. C. J. Yes, there he is, let him stand for-
waSrd ; cofhe, Mr. Williams, what say you to it
for him?
Mr. Williams. May it please your lordships
I am of counsel in this case for the defendant,
sir Samuel Bamardiston. This Information
was tried before your lordship the sittiuff after
the last term, at Guildhall, in London. ' It i^ an
information exhibited against sir Samuel Bar-
nardiston, filed the last teem, in the beginning
Speaker of the House of Commons for printing
the Narrative of Dangerfield. See in this Col-
lection, the oase of sir William Williams, a. d.
1686.
•f tlM term, daring sir flunuel'i im^imm^ It
doth introdnoe the crime charged upon the de-
feiidaiit»{which is writing of several Letters into
the country) with a rdation of the late horrid
ooospiracv against the life of the king and his
loyal highness the duke of York; and in*
stanceth in several persons concerned therein,
who were convicted and attainted, as my lord
Russell and colonel Sidney. And it goes on
further, that sir Samuel Bamardiston, oeing a
person of a seditious evil disposition, and tern*
per, and giveth him a very iU charader, as one
of an unouiet, tucholttt mmd, and conversatioa,
and falsely and malictonsly practisuig and in-
tending our lord the king and his government,
and the public ailminiBtration of justice within
this kingdom into hatred and acandal to bring,
and discord and sedition between the king and his
soljjects, and between the solgects themselves,
to incite and procure, did make and cause to
be made the several libds in the information
mentioned, wliidi are indeed Letters, private
Letters, which are in part recited tn Aire verha.
The first is mentioned to be dated the S9th of
November 1683 ; and all of them are dated in
November and December last ; and it must be
agreed they were all written within six days
time, two of them are of die same date, to wit
M of December last After the recital of those
passages which they thought fit to pick out of
them, this Information concludes thus ; < That
* this was done to stir up, move and procure
* seditioii, discord, and-ill will between toe king
* and his sntjecte, and between the subiecia
* one another aod the evil example,' 6cc, He
tt found guihy of ail the matter cnarged in this
information. That which I offer in arrest of
Judgment in the first place b this. As to
one thing I must appeal to your lordship's me-
mory who tried this cause. There was no
proof made of the introduction part at all.
That is, as to sir Samuel's disposition being
•editious, and factious, and that tie did this on
Krpoae to promote sedition, and stir up dispord
tween the king and h>9 subjects. There was
no actual proof to that purpose. So that for
any thing that did appear, sir Sapauel Bamard-
iston, upon the Trial, stood in the condition of
any other subject So then all the fiiolt is to
be collected only out of the matter of the in-
formation : it IS that whidi must g[ovem this
case ; but as to his disposition and mclination
that remains without any objection proved in
the cause. But the matter in controversy will
wholW turn upon the nature of the Letters ;
how nr thev of themselves tend to sedition, and
are libels. Ifthere be not such matter expressed
in these Letters, then there is no cause for this
information For it is not the induction and
inference of the informer, that affirms these
Letters were written with a design to raise sedi-
tion and discord, that amounts to a proof, un-
less the Letters be seditious ; for if it were, that
were no more thaq to raise a conclusion with-
out premises to warrant and ground such a
conclusion : And that can be no argument, but
only allegation: it is so, because it is so.
Therefore we must hrak into the Leilen then*
selves. And to begin .with the first of tbem
(for there are four in number), though I woald
observe, as to them all in geneial, what I open-
ed at first, that these four Letters wtreaO dated,
and published, as they would have it, witbin
the CDBinaas of six days : But that which I
would ooserve further, is, that, to my appre-
hension, the words of the last Letter do in a
great measure correct and qualify ^e meaoiag
of the other three. The purport of all of theoa,
as appears upon the reading, sliews, that they
are no more m truth than fetters of news seat
by sir Samuel Barnardistoo. For the matter
of the Letters 1 appeal to your lordidiip's me-
mory and to the record, that they are no mom
than letters ofnews about the town. Itissidd
so and so. • And, 1 hope, not so extravagant, as
the information would have tbem be. Tbeae
are letters of news, I say, sent by a private
gentleman to his friends by the puuic post, lor
so it was sworn that they were to be sent :
And then I think it will at most amount to no
more than false news. And he, as nMny men
in the town who are presumed to hare thehcit
intelligence, might be mistaken in the news of
the town, and so send false news into the coon-
try. If then that be the case, if sir Samuel
writ no more than the common talk of the
town, which in truth was falee, and if be writ
this as the common talk of the town by the
post, to private gentlemen his friends; this
sure will not be looked upon as libeBoua waA
seditious. Another thing, my lord» I say is
this ; That, as I opened it at ttie first, nothing
doth appear except by way of inducement,
which 18 but flourish and garniture ; nor was
there any thing proved upon the trial, but that
sir Samuel Barnardiston was as honest, and as
innocent of sedition, or any of those crimes, as
I or any other man.
L, C. J. How do you mean, Mr. Williaott?
Pray explab yourself.
Mr. WilUanu, It did not appear any thing in
proof, I say, to the contrary.
£. C, J. Why, Mr. Williams, are vou guilty
of writing such Letters as these are ? 1 hope not
Mr. Williumt, No, no, my lord.
L. C. J. How, then, is sir Samud as free as
you?
Mr. Willumu, I hate comparisons, my lord ;
but I say nothifig did appear upon the proof.
Just Withins. He says, he cannot write.
Mr. WiUianu, I speak of the gentlemen thai
are about me, or any honest man.
Att. Gen. I hope Mr. Wilhams does not
intend to draw himself into the guUt of swdi a
crime as this.
Mr. William. Mr. Attorney, I said that as-
thing more appeared at the tnal, but these Let-
ters against sir Samuel Barnardiston, and then
the case stands thus. It is no more than if an
innocent man without sedition, or any thing of
thi^ nature, should write a letter of ne«s»
which he hears, but really it isfidsenaws^
and so a letter of fiilse news is sent from an in-
nocent Sttbjooi to lui ixuioceot auhject Thaa
lS6i] STATE TRIALS, 36 Charles II. 1684.— /or a Mifdmeancr. [I36t
wa« a]l I roeant. For the Letters themselves ;
the first is to this purpose, some things in the
Letter are positive, aod all (hat is true ; That
the duke of MoAmouth ivas retorned to court
about that time ; and that he had his pardon ;
tbat is true too : other things are hy ivay of
hearsay, and I must confess, many of mose
hearsays are mistaken. But yet still, when a
man writes a hearsay, it is true that he did hear
it, but whether it be true in fact, as he heard \i^
that cannot be averred He only says it is true
that he heard it ; not that what he heard is
tnie. Then it is no more than a man's writing
of that, which is a story about the town ; and
he writes it as a hearsay. Whether this be
sud) a fault, as is laid in this information, is the
question. Possibly it may be to be punished in
another way, upon the statute against false
news ; and the defendant may incur a penalty
upon that statute, as a publisher of false news.
JBut to make this seditious, and such a crime as
i^ the stirring up of sedition, disturbing the go-
vernment, and raising of discords in the king-
dom. This sure imports no such matter ; it
onnot bear the face of this crime. I would not
trouble you with the reading of ^e Letter.
X. C. J. No, but you shall have them read
out, by and by ; because you would feign have
sir Samuel Bamardiston pass for such aii inno-
cent man ; as if there were no harm in him
at all.
Mr. WilUanu, My lord, I say this : what
10 positive, in the Letters is true m substance ;
.what is by hearsay, it may be is mistaken and
fidae; but I hope that may not be such a
crime, 83 to deserve this information. As to
the second Letter, I have the same to say ; that
part of it which is positive is true ; the other
part is bat historical, and by way of relation
and hearsay. As for the thud Letter, there is
the same answer to be given ia to the first, and
second. But the fbarth Letter, that salves the
whole ; and shews sir Samuel Barnardiston to
be an innocent news writer, without any design
of ill will to thef government, or to raise any
. sedition. Id the first, second, and third Letters,
he seems to be in some extacy, some astonish-
ment at some things, that had happened at that
time, as possibly a great many others miff ht
he aatonisDed, tnen, which might have other
thoughts of things than he had ; and so he
writes like a man in a dream.
^ X. C. J. Then he should have read it over
aj;ain, when h^ was awake ; or we shall for
liUD and so jouse him up a little.
Mr. Williams. When he comes to the last
Letter, which is dated the 4th of I>ecember,
tkow he is awake, and comes and recollects
lunuself. We have been under a mistake, says
Mr. Justice Withiru, But it seems he had
a good nap of it : he was asleep for six days to-
jpeCher.-
Mr. WilHami, My lord, men in a surprize are
lika men in dream, till the shadows vanish,
that had troubled the brain : but you see when
tiling apptared in due order aboTo water,
then he sets things strait iti his last Letter, and
tells his friend, he was mistaken ; be had wrong
information ; things were not as he had had
them represented to him. So it appears he had
no design to raise sedition and disturbance by
his Letters ; for if he had, he would not have'
writ the last Letter, which contradicts the for-
mer,, but shews he was willing to let them know
the truth. So that my lord, I hope he has
done no more, that what is the daily error of
every man : news talking and news writing be-
gets a great many false stories, but he rectifies
the mistake, as soon as he knows it. The
writing and spreading of news, 1 confess, is too
common a thm^.
JL C. /. It IS so, Mr. Williams, I agree it ;
and we have one now before us to make ap ex-
ample of, to prevent it.
Mr. Williams. My lord, these ohjections I
have stated upon the body, and matter of the
information ; out for a home exception to the
record, if my copy be true, I have one that must
be fatal.
L. C. /. Ay, pray, let us have it ; for upon
my word all that has been said yet has been
very far from home.
Mr. Williams, My lord, my exception is
this; one of these Letters they say was made
and published in ' Parochia Sancti Martini in
Campis in Comitatu Middlesex;' whereas all
the rest of the things are laid to be done in ' Pa-
rochia St. Michaers, Comhill, in Warda da
Comhill, London,' and this cause is tried in
London : which, the ofience being laid part in
Middlesex, must needs be a mis-trial.
L, C. J. See the Record.
CL of Cr, Which of the Letters do yon
mean, Sir ? for there are four of them. ^
Mr. Williams, The third Letter, that of tha
first of December.
CL of Cr, That is a mistake, sure.
X. C. J, Where is it a mistidce ?
CI. cfCr. In Mr. Williams's copy, my lord.
X. C. J. Read as it is on the Record, man»
what care I how his copy is ?
CL of Cr. It is ' apud parochiam'predictam
in wardiL predict^'
X. C. J. What parish, and what ward is
that?
CL ^Cr, * Parochia S'c'i Michadis Basi-
shaw in WardSL Basishaw, London.'
X. C. J. Your copy is mistaken throughout.
Read the whole InformatioQ.
Mr. Att,Gen, If you please, my lord, let it
be so ; for we should have prayed it might, by
and by ; for it needs no aggravation.
X. C. J.- Ay, Mr. Attorney, I spake it for
the same reason; that my brothers may hear
it, and the bar may hear it. Now do you hear-
ken to it, and take what exceptions to it you
can, Mr. Williams ; for your other exceptions
are without book, and indeed not worth writing.
CL qfCr, < Memorand' quod Rob*tus Sawyer
* Miles, Attorn. Regis, &c.*
X. C. J. Read it in Eng^h.
CL of Cr, * Whereas a certain devilish and
* traitorous conspiriMsy and iiiauRecti<»i of
4S
1365] STATE TRIALS, 36CUARI.SS 11^ \6B4,^^Trial&fSirS.BmMriiUcn, [1364
* divers seditious and eyil disposed persons, our
* sovereign lord Charles the Second, now
* king of Entrland, to murder and kill and
* the laws and gOTemment of this kingdom
< of England, as bv law now constituted and
* established, to subvert, had been detected.
' And whereas also one William Russell,
* esq. and divers other persons,' of that cOQspi-
* racy and treason, by due process of law, had
* been tried, convicted, and attainted, and for
* the same executed; And one Algernon Sid -
* ney, esq. of that conspiracy and treason stood
' in like manner tried and convicted. And
' whereas upon the trials of the aforesaid Wil-
* liam Russell, and the aforesaid Algernon
* Sidney, William lord Howard, baron of Es-
*■ crick, a witness on the part of. our said sove-
* reign lord the king, the treason and conspiracy
^ aforesaid to prove, had been produced. One
* sir Samuel Bamardiston, late of London, ba-
* ronet, being a man seditious and pernicious,
^and of a turbulent and unquiet soul, and
* conversation, falsely, unlawfully, wickedly,
* maliciously, seditiously, contriving, practis-
* iog^, smd Intending our said lord the king that
' now is, and his government and rule, as also
' the public administration of justice within
* this kingdom of England, in hatred, scandal,
* and disgrace, with nis subjects to induce and
* bring, and di^ord and sedition between our
' said sovereign lord the king, and his ISege
' subjects, and between the said subjects to
' move, incite, and procure, as also the
' peace of our said lord the king, and the
* tranquillity of this kingdom of England, to
* disquiet and. disturb, and the conspiracy,
' and treason aforesaid to conceal, and the
* evidence for our said lord the king in that
'• behalf to vilify, scandalize, and aifrighten,
' and hLs most wicked, devilish, and impious
* contrivances, practices, and intentions afore-
^ said, to fulfil, perfect^ and bring to effect,
* the twentieth day of December in the 6ve
* and thirtieth year of the reign of our sove-
* reign lord that now is, at the parish of Saint
* Michael Basishaw, in the ward of Basishaw,
* London, 'aforesaid, with force and arms, &c.
* falsely, unlawfully, unjustly^ maliciously,
* corruptly and seditiously made, composed,
' and wnt, and caused to be made, written,.
* composed, and published a certain false, scan-
* dalous and seditious libel, bearing date the
* 39th day of November, in the year of our Lord
*' 1683, in which said libel, among other things,
*■ were contained these false, feigned, scandal -
' ous, malicious, libellous, seditious, English
* sentences following, viz. " Sir, the return of
' the duke of Monmouth to Whitehall, and his
* bein^ received into so extraordinary favour
* of his majesty, hath made a strange altera-
* tion of affairs at court. For those that before
* spoke of him very indecently, now court,
* cringe, and creep to him, his grace," &<:.
*And his most wicked, and impious eontri-
' vances, and intentions aforesaid, furtlier to
'fulfil, perfect, and bring to effect, the said
' SAX ^Samuel Bainardiston, bart, afterwards, to
' wit, the said QOth day of December, in ^
*• 3&th year aforesaid, at the parish atbresatdy
' in the ward aforesaid, falsely, unlawfiillj,
* unjustly, maliciously, corruptly, and sea-
* tiously did make, compose, and write, ani
* caused to be made, composed, written, and
' published a certain other false, scandaloiis,
* libellous, and seditious libel, bearing datetiw
> first day of Deceniber, in the year of our
' Lord 1683, in which said libel amoiie othci
* things were contained these false, fei^ed,
* scandalous, malicious, libellous, and seditiotts
*■ English sentences following, viz. "Dear Sir,
* I am to answer yours," ^c.^And bis said
' most wicked and impious contrivances, and
' intentions aforesaid further to fiilfil, perfedy
' and bring to effect, the said sir Hamuei Bar-
* nardiston, aflerwards, to wit, the said 20th d^
* of December, in the S5tb year aforesaid, at
' the parish aforesaid, in the ward aforesaid,
' falsely, unlawfully, unjustly, mafiaoiislj,
' corruptly, and Seditioosly did raake^'compose,
' and write, and caused t(» be made, composed,
' written, and published, a certain other fidse,
' scandalous, libellous, and seditious libel, beax^
' ing date the first day of December in the
< year of our Lord 1683. In which said libel,
< among other things were contained dieae
' false, feigned, scandalous, malicious, itbd-
' lous and seditious English sefktences, fblk>w-
' ing, viz, '< The late change here in public
* airairs," &c.— And his most wicked and im-
* pious contrivances and intentions aforesaid
' further to fulfil, perfect, and bring to effect,
* he the said sir Samuel Bamardiston, faiurt.
' afterwards, the said 30th day of December,
* in tke 35th year aforesaid, at the parish
^ aforesaid, in toe ward aforesaid, falsely, un-
< lawfully, unjustly, maliciously, eormptly,
' and seditiously did make, compose, and writer
*• and caused to be made, composed, written,
^ and published a certain other false, scanda-
* lous, libellous, and seditions libel, bearing
*■ date the ibuith day of December, in the year
* of our Lord 16B3, in which said libel' amoDg
*• other things, were contained these &lse,
' feigned, scandaluus, malicious, libellous, and
^ seditious English sentences, viz."^ Contrary IS
' most mens* expectations a warrant'*
Mr. Williams, This corrects all the former.
CL afCr, * ^' A warrant is signed nt lasl Ck
* beheading colonel Sidney, (meaning^ the said
< Algernon Sidney) at Tower- hill, next Friday,
^ great endeavours have been used to obtaa
* his pardon, but the contrary party hare car-
' ried it, which much, dashed our liopes^ biA
* God still governs." To the intent tp incife^
* move, and procure sedition, discord and il* |
< will bejtween our said lord the king-, and Ai
' subjects of our said lord the kjngp of tUi
*■ kingdonr of England, as also between tbeia
< the subjects of our said lord the king*, to te
< evil and pernicious exaniple of all other* m
^ the like case offending, and against the peaot
^ of oivsaid sovereign lord the king that wmm
' is, his crown and dignity.*
JL C/. Ay; itoorreolaitwondeiftiDj, K.
J
1^5] STATE TRIALS, 36 Cir aklbs II. 1 6Slr^ar a Mi9dm^tnar, [ 1 S66
WiHiarns: *<the contrary party hat car-
" ried it, and oar bopes are dashed."
Sol. Otn, (Mr. Pinch) Providence seems
to be against him, be says ; for ** the other
party have prevailed, and Sidney is to be
executed."
Z. C. J. Tnilv, I think it is as bad as any
of the rest ; and that is even bad enough of all
ney's execution, and our hopes are dashed ;
bat God governs." As much as to say, God
Almiffhty is on the other side, though he suf-
fers those things to be done. Well, have you
any more objections ?
Bfr. WilUam. That which I relied most
upon, it seems, is a mistake in the copy;
tnongh I am informed the record was so once.
1 know not how it comes to be amended.
i. C /. I believe you did rely upon that ;
lor, if true, it had been a material objection :
to see how down in the mouth they are. And
I believe there is never a clergy roan hath
any good thought from sir Samuel Barnardis^
ton, exce[it Mr. Kidder* for his balsamic tem-
per, forsooth: because he took him for a
trimmer, he must be courted to come to
Ipswich ; and all men of his temper must lie
sure to be taken care of, and be brought in to
conscience. ^* The warrant is signed for Sid- | support the honest party, as he calli^ them. I
take notice of this, because sir George is not
yet < so down in the mouth,'f but he can tell
sir Samuel Bftmardiston his mind.
Mr. WiUiam$, My lord, 1 have in ray hand
my copy of the Inibrmation ; and that is as I
opened it.
L. C.J. Here is the original, man, and that is
right, what dost tell us of thy copy P If thy
copy bewrong, how can we help tbati^
Mr.
hear
Williamg. But, my lord, 1 hope you will
what we have to say in this matter.
Imt that is otherwise in the record. As to tbe i Here is an abuse put upon the court, as well as
other thing you mentioned, I remember you did "^ * n a ^ « i t ^
tell meat tbe Trial, you would move that mat-
ter here ; and I told you, you might move what
you would. You say, that there was no evi-
dence ^iven by proof of the defendant's evil
disposition, .or of these things being done
ftlsely, seditiously, fkctiously and tumultuous-
]y, and the like. There was not any, but what
the fact charged proves. It is true, these are
words put into the information of course ; and
there must be some accusations, or words of
the person accused, that in their own nature
win Dear the interpretation of such crimes ; or
else the charge is not maintained. For if a
man should put into an information, that I did
fifclsely, maliciously, and seditiously, speak cer-
tain words to Mr. Williams;, and when I
came to set forth the words, it should only be,
that I did ask him this question, how his wife
and childen did, or some such like ; that would
not bear an information, because there was no
«FiI in the very . matter of the accusation or |
isrords. But now that is not the case here, for
I dar« be bold to say, these Letters are as vile,
and factious, and libellous papers, as seditious
and full of malice, as possibly any man could
write, it shews the whole mass of bis blood is
corrapted ; for he shews in them his rancour
and aispleasure against the government in all
parts of it, charging it with sbammmg a Plot
Dpon the nation. Where is your Sham Pro-
testant Plot? It i9 now among none but the
abhorrers, and addressers. Then all the courts
:>f Justice and all the judges, they are libelled,
tiy reflecting upon the attainders of those
traitors, that have been executed. My lord of
Basex, forsooth, he is murdered, and my lord
tosseli be is afresh lamented. And it must
m tbe prevalency of a party, that brings trai-
ors to execution lu^cordieg to law. Nay, for
'ear that any man concerned for or in the
jporernment ghould escape without a touch of
lia kindness, the tortes of all sorts, as he calls
hem, must come in, and the cler^ by no
Deans most be left out : they and their Plot are
aite confounded ; and it would do one good
upon the defendant. For here has been a
rasure in the Information, t
L. C. J. • We know nothing of that ; tbe
record before us upon the roll is right.
Mr. Williams, That Information, which we
pleaded to, was as I opened. *
L, C J. Ay ; but, good Lord ! what are we
doing now ? Is not here a record of a convic-
tion before us, upon which we are to go ?
^x. Williams. My lord, that which we offer
in arrest of judgment, or for a new trial, is this,
we have been ensnared into this trial, upon the
account of this mistake, which we depended
upon. They now have altered the record
from the roll thut we pleaded to : we pray,
that it may be examined, how it was upon the
roll at the time of the plea pleaded.
Att. Gen. Mr. Williams is far ont of the
way, as to the fact >
L. C. J. Mr. Attorney, I have often heard
* Richard Kidder was shortly after the Re-
volution made bishop of Bath ancl Wells, in the
place of Ken (one of the seven) who had been-
deprived.
f See the Letters which were read in the
Trial, p. 1334.
X Amendments of two Informations, fbr pub-
lishing setUtious, scandalous, obscene, and im-
pious hbels, which amendments were made
by a single judge (hearing both sides, but not
having consent on the part of the detendant,)
at his chaii^bers, after the records were made
up and sealed, and on the daybefore the trials,
were held to be regular. The amendments
were by striking out tbe word '' purport,"
wherever itoccumd, and substituting the word
** tenor." The statute power of amending, ex-
tends not to Criminal proceedings ; but as to
Common-Law amendments, there is no dif-
ference between Civil Proceedings, and Crimi-
nal Informations. But an indictment cannot
be amended. See in this Collection the case of
John Wilkes, a. n. 1770. See, too, for the
History of Amendments, Blackst. Comm.
Book dy c. S5y i. 3.
1567] STATE TRIALS, 36 Charles n. i6B4.^1MdofSir S. Bamar£$ton, [136$
iay, < Blessed is th« TneHding band.' It maj
be, we will punish Uie power that did it, when
that cometi fairl\ before as; but we find it
right now upon the record, and that is all we*
look jor now. Therefore I say, first let Judg-
ment be entered, and affirmed ; for as to any
4hingMe' see, it is. a very good Infi>nnation;
but a you haTe any motion to make for 'the
examinatioo of any irregularities of the clerk,
or any body else, come prepared for it, and we
will hear ^ou, and do as we see just, and punish
offenders* Or if you be particularly grieved,
you know your remedy, bring your action
against the party that has done you the wrong,
and, by the grace of God, we will do our duty.
Just. Wit hint. Ay, in God's name do so.
' L. C. J. But I never knew in my whole
life, if ever a record were mended to make it
good, that we ever allowed, i mean the court,
an allegation at the bar to alter it, to make the
> exception good. I have oflen heard it said
here, We niil alter a record, perhaps, to make
good a judgment, bift never to make it
, erroneous.
Mr. Williams, But, my lord, we hope this
abuse shall not go unminded. I know you
will ndt pass over such a thing, as the razure of
a record, after plea pleaded.
Att. Gen, No doubt, they will not
Mr. Williams, We will make h out, and
pray it may be examined.
Att. Gen, This could do nothing in the
world to alter the fact upon the trial.
L. C, J. Lei us pi^oceed upon the record,
and the matter now before us.
Just. Withins. Ay, for we have two bares a
foot ; let us dispatch one first
L. C, J. 1 will tell you, for the first matter
aQedged in arrest of Judgment, out of the
Letters themselves, I plainly perceive it was
very prudently avoided, what Mr. Attorney
desired, Mr. Williams would not write his ex-
eeptions, because be had none to write.
Att, Gen, He spoke the truth, he could not.
Indeed I expected something else.
L. C. J, Well, it was well avoided though,
where nothing else could be said.
Att. Gen, The court is pleased to affirm
Judgment.
X. C. /. Yes, for we see no cause offered to
the contrary.
Ait. Gen. I desire then, for the king, that a
good fine may be set upon sii* Samuel mrnar-
diston, and that proportionable to the ofience;
for these are matters that come very near to
treason.
Sol. Gen. Mr. Williams says he was asleep.
Mr. Williams. He says himself he was in a
dream, Mr. Solicitor.
Soi. Gen, Then I hope the court will awaken
bim with a good fine.
L, C. J. There are a generation of men,
that gather from and send to all parts of the
kingdom all the falsities they can get, to de-
fame the government ; and spread them up
sjid down. There is an itch of factious news,
Ikat must be scratched, and lies must be spread
eveiy where to do tlie work. We never met
with so pat an example, as the persoii now be-
fore us. You see how industrious he has beea
to U<:k up all^he venom imaginable against tlie
government to stuff his Letters to his lactiaiis
correspondents with ; which if we do not now
take care ta punish such offences, in a litUc time
we shall see very bad effects of it. We know,
and feel it every day, the infection is dispersed
into several parts of the kingdom ; but we miBt
prevent its spreading further, if we can : sir
Samuel Bamardiston could not let hts mnHi be
told in a singte letter, but four or five of tb^
same nature must be writ, to scandalize the
king, as if he werfe satisfied my lord Russell
was innocent And as he is pleased to reflect
basely upon the king's witnesses, so be doth
commend all the traitors: he doth deelare po>
sitively against the justice of the nation, in af-
firming their innocence, and that there was na
Plot but a sham Protestant Pbt ; at least he
did what he could to suppress the belief, and
discourage, it may be, the further discovery
of it
Mr. Williams, My lord, I hare only ana
word to offer on behalf of sir Samuel Bai^
nardiston, before you pronounce your Jndg-
ment Whatever other persons hare done, or
whatever has happened since, I hope shall not
affect this gentleman.
L, C. J, No, no ; it never has any infltienoe
in courts of justice. Every man must sailer
for his own fault; but where the erime is
catching, a severe punishment of 4»ie may pre-
vent the other.
Just. Withint, I think there is no need of
aggravation ; the offence is so great, 1 scarce
know any punishment by our law big enough
for it
Sol. Gen. Only I would desire the ooort t»
observe one thing out of that sweetening letter,
as Mr. Williams calls it, that is to qnaliiy and
cure all the other matters. He says *• the con-
trary party have prevailed, which much dash-
eth our hopes.' If sir Samuel were so innocent
and harmless, as Mr. Williams wotild have
him to be, I would fain know who this c^nlimrv
party is, and what party sir Samuel Bsr-
narcfiston is of.
L, C. J. Of colonel Sidney's party : he tdb
yon so in his Letter.
• Mr. Williams. I think sir Samuel B^kmar-
diston doth not intend to write comments upoa
his Letters.
L, C, J. No, he need not; the text, I cis
assure you, is bad enough. It is a pretty
thing, that a man should make so light of suck
a devilish, horrid conspiracy ^ such adaninayi
contrivance to murder the king, and to massaot
the king's best subjects, as appears by all tbt
evidence, that has been given of this Pkc
And that he should rail at, and revile the ge-
vemment, and all its friends ; it is,. I say, a reiy
pretty thing, and shews, sir Samuel Bamar-
diston values the life of his priace, « nd the pre-
servation of the govemnoent and the pofaiis
peace, mueb. There is no man, that has 4
13591 STATE TRIALS, 56 Chaales II. 1684.— >r « Mudenuanar. 1 1370
heart rach as a sabjeet ought to have, bottrem-
bks8 at the very remembraai^e of such things/
as were designed in that damnable conspiraov;
and yet forsMtb, it must be a May -ffame, and a
poiitie fiction^ no, the Protestaot Plot is lost
nere, and only to be tbund among abhorrera
and addressers. These dangerous attempts upon
the life of the king, and the duke^ aretbiDgs to
be drolled about, and tosded up and down . Any
man that has any bowels about him« such as a
subject ought to have for bis prince, or any
loyalty, must tremble at the thoughts of it !
[Then the Judges consulted together.]
Just. WUhins, Where is sir Samuel Bar-
nardiston ?
L,- C. J. There he is, (pointing to him, i^ho
stood in the Court.)
Just. Withins, Sir Samuel Bamardiston,
Here has been an Information exhibited against
you in this court, by Mr. Attorney General, on
the behalf of the kinff, for writing four seanda-
lous Letters. Yon have ol^ded Not Guilty to
it, and the jury have found you Guilty of
.writing them aU four ; and they have found
likewise, that you did this seditiously, with an '^
jntaotion to raise discord between the king and
his people; and likewise between the king's
P^ple among one another. This the jury
have found upon your trial. The matter of the
fibels is considerable in this case as to the judg-
ment that must be given ; what they relate to,
and whom they concern. First, as to whom
they concern ; r irst, it concerns the king in
his own particular actings, traduceth him,
that notwitnstanding he believed persons were
innocent, yet he sullered them to be executed ;
Though he were satisfied by the duke of Mon-
mouth that there was nothmg in it, yet by the
insiouation of some persons, he signea the
warrant for executing mnocent men. Thus far it
reflects upon the king in his own person ; that
he knowingly destroyed innocent persons, and
tookairay their blood. Secondly, it concerns
the justice of the nation, and tnat not only in
part, but in the whole ; as to the several trials,
that all amounted but to a Sham Plot, a thing
counterfeited, and that had nothing of truth in
it. Now that men should be tned for their
lives and convicted before aU the judges of
England, as my lord Russell was, at the Old
Bailey, and a long and fair trial it was, a trial
tharhas bom the test of printing, and I never
heard that any body could justly find any
fault in it, that any thing was said, that was
not printed, or that the evidence was not ex-
traordinary strong ; and yet this roust be all a
aham, and af^er Ihis, he must (le bewailed afresh,
and tlm duke of Monmouth must be heard to
•ay, he was as loyal a subject as any the king
had. What is this, bnt to fall foul upon the jus-
tice of the nation P that such things should be
done in the couK9 of justice, in England, to
sham people out of their lives. In the next
place, there is colonel Sidney > trial, which was
bad openly here in this court, where he had all
the liberty he could denre to defend himself;
and his Trial has likewise been printed, and yet'
all this will not ^eatbfy some ^ple of the
radity of the thing ; nothing will serve, but
that tnis is all a BhwBik Plot And. among the
rest, sir Samuel Bamardiston it seems .is one
of these people. What must such people be f
Mr. Williams tells us, he is a person free from
having any sedition in him ; but yet it
was Weil observed out of his own Letter, by the
king's coCinsel, that he has herded himself
among a party. He tells his friends, the con-
trary {Mirty have prevailed with the king; ta
sign the warrant for Sidney's Bxecntion. This
shews him to be one of the other paArty ; nay,
further, he adds, which very mucn troubleUi *
us—
Sol. Gen. * Which much /dasheth our hopes.'
Just. Withins. Ay, I cry you mercyn
< dasheth our bones.* Now, what were these
hopes, I pray ? That he should be preserved,
being a guilty person, or being an innocent
person ? Be it which it will, it was a hope not
becoming him. If he were jguilty and should
be executed, then he owns, it is not such g^uilt
for which he ought to die, though it were the
highest treason against the king, and the go-
vernment If he thought him Not GuilW,
then it is a falling foul upon tjie vritnesses, the
jury, all the ju^es here, and the public jua-
tice of the nation. Nay, this does not suffice,
nor serve your turn, sir Samuel Bamardiston ;
You must have a fling at all the gentlemen of
all parties of England. I mean those concera-
ed in the addroses, and abborrences, which,
you cannot but take notice, they are a great
many for number, and of great estates and in-
terest in their countries; and perhaps ^eir
giving their public testimony of their loyalty,
and joy for the king's safety, doth very much
dash your hopes likewise ; and that makes you
fall foul upon them ; that the I^ot is lost here,
and not to be found but among them. So that
you are not contented to fall upon the king, {uid
the judges, and the justice of the nation ; but
upon all tbs king's fhends, and faithfiillest sub-
jects. The matter of those addressj^s beiiur
congratulations fbr the preservation of the life
of the king, and the life of the duke his only
brother, and of the government ; this must be
only to support the credit and belief of a Sham
Plot Hius ill you use your king, his judges,
and courts, dl his friends, and gentlemen of
the best quality in the kingdom. I cannot but
admire<tndy, sir Samuel Bamardiston, that a
person of your great concerns in the world,
should no more consider those things ;'that one
of your estate, knowledge, and quality should
not more value the peace and quiet you enjoy
under so good and g^racious a prince, and so
excellent a government, where you enjoy all
the liberty that is bwful for honest men to
have. I am sorry to see you of such a unquiet
spirit, that you should give up yourself to sod>
a strange way of acting and writing and
sfieaking as you have done. But our busineM
is to inflict a punishment upon you for
great ofieoce, and therefbre,
1371] STATE TRIALS, 36Chabi.bsIL l6M.'-Trial of Sir S. Bamariiston. [1372
«
** It ii the optnion of tlie Court (and that is
the Judgment which I must delirer) that jou
** pay to the kto^ ^ Fiae of ten tbousand
** FouNDa ^ that you find sureties for your good
*' behavipur during your life ; and be com-
** mitted till all this be done.'^
L. C. /. Take him into custody. [Which
was done accordingly.]
In the '< Display of Tyi^inny/* as quoted
in a Note to lady Rnssdrs Letters to Dr. Fitz-
Williams, dated January 31, 1684-5, (Lady
RossiU's L0tters,4». 890, ed. of 1792) it appears.
that during the imprisonment of sir Sarand
Barnardiston on account of this Fine, great
waste and destruction was made on bis estate.
<' June 1688. Sir Samuel Bamadiston, who
hath lain some time in the-King's Bench, is at
liber^, the king. having been pleased to remit
his Fine ; or rather be hath paid 6,000i. and
giren bond for the residue." Narcissus Lut-
trell's MS. Brief historical Relation, Sec.
As to excessire Fines, see the '' Declaration
of Rights,^' 5 Cobbett's Pari. Hist 109, 110.
See, too, the Bill of Rights, 1 W. and M. Stat
2, Cap. 2.
END OF VOL. IX.
MMH
•^*
Printed by T. C. Hansard, Peterborough-Court,
Fleet-Street, London.
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